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Laws & Regulations Database of The Republic of China (Taiwan)

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Title: Registration and Management Regulations for Family Childcare Services Agencies CH
Amended Date: 2023-02-20
Category: Ministry of Health and Welfare(衛生福利部)
Article 1
Registration and Management Regulations for Family Childcare Service Agencies is resolved according to Paragraph 5, Article 26 of The Protection of Children and Youths Welfare and Rights Act (hereinafter referred to as the Act).
Article 2
Family childcare service agencies (hereinafter referred to as childcare providers) provide the service types of the following:
1 The childcare service in providers’ home: Childcare providers who are commissioned by the children’s parents, guardians, or other actual caregivers, provide the childcare service at the registered childcare agencies (hereinafter referred to as agencies).
2 The childcare service in the children’s home: Childcare providers who are commissioned by the children’s parents, guardians, or other actual caregivers, provide the childcare service at children’s home or other designated residences.
Article 3
Childcare providers shall provide the following service:
1 The clean, healthy, safe, and child-development-appropriate environments for childcare service.
2 The sufficiently related service of the nutrition, health care, daily living and learning, play, and social development for children.
3 The consultation and information about the childcare.
4 Recording children’s daily activities and growth process.
5 Helping handle the screening of the children development.
6 Other service relating to benefits of the children development.
Article 4
Childcare providers shall abide by the following rules:
1 Considering children's the best interest as the top priority and concentrating on childcare service.
2 Making written contracts with parents, guardians, or other people looking after children.
3 Keeping children and their families’ personal information confidential, unless they agree or childcare providers abide by regulations to report.
4 Taking at least 18 hours of the in-service training every year. The in-service training taken every two years shall be included more than 8 hours of Basic Life Support.
5 Having the physical examination at least once every two years.
6 Taking out the liability insurance before the beginning day of caring children.
Article 5
Childcare providers shall not have any of the following conducts:
1 Abusing, neglecting children or other behaviors about violating related children protection regulations.
2 Having part-time jobs or running business during the service time to affect childcare service.
3 Promoting the childcare service exaggeratedly or dishonestly.
4 Avoiding, obstructing, or refusing inspection, visits, supervision and monitoring by the authorized municipal agencies and the county (city) governments.
5 Asking for additional costs with any sort of excuses or charging fees except the regulation stipulated by the authorized municipal agencies and county (city) governments.
Article 6
Childcare service including the following types:
1 Half-day childcare service: Less than 6 hours per day.
2 Day-care childcare service: More than 6 hours but less than 12 hours per day.
3 Full-day childcare service: More than 16 hours per day.
4 Night-care childcare service: Looking after children from the night to the next morning within 12 hours.
5 Extending childcare service: Extending childcare service of four above-mentioned Subparagraphs.
6 Temporary childcare service: Temporary childcare service other than five above-mentioned subparagraphs.
Article 7
Childcare providers shall abide by the following provisions regarding the maximum number of children allowed:
1. Individual childcare providers:
(1) Providers of half-day, day-care, extending, or temporary childcare services: up to 4 children allowed per provider, with no more than 2 children aged under 2 years.
(2) Providers of full-day or night-care childcare services: up to 2 children allowed per provider.
2. A childcare agency with two or more childcare providers can provide care for up to 4 children, or no more than 2 children in full-day or night-care childcare.
The number of children described in the preceding paragraph shall be calculated as the actual number of children under the care of a childcare provider during their childcare service period. This includes children under the age of 3 who are the biological/legal children or wards of a childcare provider, children under the age of 5 who are relatives within three degrees of consanguinity of a childcare provider, and children under the age of 12 who are under the unpaid care of a childcare provider. See the annexed table to calculate the maximum number of children allowed.
In the case of childcare providers offering childcare services in children’s homes, the number of children in Paragraph 1 shall be calculated as the actual number of children under care in the same residence or domicile.
For the type of childcare services specified in Paragraph 1, Subparagraph 2, a primary childcare provider shall be appointed to each child.
Article 8
Applications for registration as a childcare provider shall be submitted together with the following documents and information to the authorized municipal agencies and county (city) governments:
1. Original copy of a health examination certificate issued within the past 3 months.
2. Copies of the childcare provider’s technician certificate, diploma(s) received from programs, departments, or institutes of early childhood development and education, household management, nursing (from high school or above), or certification(s) received after the completion of professional training programs for childcare providers.
3. Copies of identification documents.
4. Two-inch passport photo taken within the past 3 months (in full-face view and without a head covering).
5. Original copy of a Police Criminal Record Certificate issued in the past 3 months.
6. Original copy of a childcare service environment safety self-evaluation checklist.
7. Original affidavits for applying for family childcare services and original letters of consent for applications for and issuances of police criminal record certificates.
8. A list of all cohabiting members of the agency.
Childcare providers providing childcare services in children’s homes are not required to attach the documents and information designated in Subparagraphs 6 and 8 when applying for the aforementioned registration.
Applicants whose application is missing any of the documents or information specified in Paragraph 1 shall receive a request in writing from the authorized municipal agencies and county (city) governments to amend their application prior to the deadline. Applications that are not amended by the designated deadline will be rejected in writing.
Article 9
After childcare providers’ registrations are terminated by authorized municipal agencies and the county (city) governments, or applications are rejected because of any condition in Paragraph 1, Article 26-1of the Act, authorized municipal agencies and county (city) governments shall order childcare providers to stop all service and mandate children referrals.
Article 10
Authorized municipal agencies and county (city) governments shall complete documentary reviews and on-site visiting inspections within 2 months. Childcare providers who offer service in children’s home are not taken for on-site visiting inspections.
Article 11
Childcare service registration certificates (hereinafter referred to as service registration certificates) shall contain the following items:
1 Name, sex/gender, and date of birth.
2 Certificate number.
3 Qualifications designated in Subparagraph 2, Paragraph 1 of Article 8.
4 Addresses of agencies: Those who provide childcare service in children’s home are exempted from the records.
5 Valid periods of certificates.
People who offer childcare service in providers’ home shall hang service registration certificates on obvious and identifiable places in agencies.
Article 12
Valid periods of service registration certificates are six years. Within three months before valid periods expiring, childcare providers shall apply for changes of certificates from authorized municipal agencies and county (city) governments by attaching documents of educational trainings designated in Subparagraph 4 and 5 of Article 4 within 6 years before the deadline, along with documents stipulated in Subparagraphs 3 through 8,Paragraph 1 of Article 8 . No applying to the authorities for a change within the prescribed time limits, service registration certificates will be terminated.
Article 13
Childcare providers shall not rent, lend, or transfer service registration certificates to others.
People who lose or damage service registration certificates shall fill out application forms and related documents to apply for reissues or changes of certificates from authorized municipal agencies and the county (city) governments.
Article 14
Childcare providers who change the recorded items on service registration certificates described in Subparagraph 1 and 3, Paragraph 1 of Article 11 shall apply to authorized municipal agencies and county (city) governments for changes by filling out applications and attaching related documents within thirty days.
In order to change agencies addresses prescribed in Subparagraph 4 ,Paragraph 1 of Article 11, childcare providers shall fill out applications and attach the documents mentioned in Subparagraph 4, 6 and 8, Paragraph 1 of Article8 to authorized municipal agencies and county (city) governments. After authorized municipal agencies and county (city) governments approve the modifications, childcare providers could change agencies to provide childcare service. Changing agencies to other administrative districts, childcare providers shall attach the documents in Subparagraph 5 and 7, Paragraph 1of Article 8. After getting approval letters from authorized municipal agencies and county (city) governments, childcare providers can start to offer service in changing agencies.
When childcare providers offering childcare service in children’s home want to add or change agencies to other administrative districts, childcare providers shall apply for changes by filling out applications and attaching document s in Subparagraph 4, 5 and 7, Paragraph 1 of Article 8.
Authorized municipal agencies and county (city) governments shall complete reviews of applications for above-mentioned 3 Paragraphs within 30 days.
If childcare providers die, authorized municipal agencies and the county (city) governments should cancel service registration certificates.
Article 15
Within 30 days of suspending childcare service, childcare providers shall apply to original authorized municipal agencies and the county (city) governments by filling out applications and attaching original service registration certificates.
When childcare providers want to resume childcare service, they shall fill out applications and attach related documents to original authorized municipal agencies and county (city) governments.
After getting approval letters from authorized municipal agencies and county (city) governments, childcare providers can start to offer service.
Article 16
Childcare providers shall report to the authorized municipal agencies and county (city) government within 7 days of a child being placed in their care and again within 7 days of the child being removed from their care. The same shall apply when changes are made to the types of childcare services provided and/or to the childcare schedule.
Article 17
Authorized municipal agencies and county (city) governments shall visit childcare providers within 30 days from the date of childcare providers starting looking after a child, except for offering service in children’s home with special affairs and identified by authorized municipal agencies and county (city) governments.
Article 18
Authorized municipal agencies and county (city) governments shall provide guidance to and conduct visits of childcare service providers working out of their own residence.
The nature and frequency of said visits shall be as follows:
1. Initial visit: Childcare providers shall be visited by the authorized municipal agencies and county (city) government 4 times within their first year of service as a childcare provider. The first visit of a childcare provider shall be completed within 30 days of the first child being placed under their care.
2. Regular visits: Childcare providers in their second year of service or beyond shall be visited by the authorized municipal agencies and county (city) government twice per year. However, childcare providers who offer full-day childcare, night-care childcare, and/or the services stipulated in Article 7, Paragraph 1, Subparagraph 2 shall be visited by the authorized municipal agencies and county (city) government 4 times per year.
Authorized municipal agencies and county (city) governments may increase the frequency of visits depending on the ratio of providers to children.
Article 18-1
Childcare providers or their agencies that fail to meet any of the following criteria shall be ordered by authorized municipal agencies and county (city) government to make improvements before a specified deadline. Childcare providers or their agencies who fail to do so shall be subject to further visits in accordance with Article 70 of the Act and handled in accordance with Article 90 of the Act:
1. Passing the childcare service environment safety examination.
2. Compliance with Articles 4, 5, 7; Article 13, Paragraph 1; Article 14; Article 15, Paragraph 2; and Article 16 of these Regulations.
3. No violations of the law or harm caused to children’s mental and/or physical health.
Article 18-2
If any childcare provider or any individuals cohabiting with them are found by the authorized municipal agencies and county (city) government to be in violation of Article 49 of the Protection of Children and Youths Welfare and Rights Act, the Sexual Assault Crime Prevention Act, Article 25 of the Sexual Harassment Prevention Act, the Child and Youth Sexual Exploitation Prevention Act, or the Narcotics Hazard Prevention Act, the parents of the children under said provider’s care shall be notified immediately. During the subsequent administrative investigation, criminal investigation, or judicial process, the authorized municipal agencies and county (city) governments shall assist the childcare provider with the referral of the children under their care to other childcare providers in accordance with the wishes of the children’s parents, and will increase the intensity of visits and guidance.
In cases such as that stipulated in the preceding paragraph, the authorized municipal agencies and county (city) government may take the following dispositions against the childcare provider in question if deemed necessary:
1. Suspension of new admissions.
2. Restricting the childcare provider from providing childcare service out of their own residence if they are cohabiting with the offender(s).
Article 19
During authorized municipal agencies and the county(city) governments’ inspections and guidance, childcare providers shall cooperate and offer the following files and documents:
1 Names, sex/gender, birthdates, childcare service methods, time, periods and written contracts of the actual children being looked after. In the case of Paragraph 3 of Article 7, childcare providers shall offer the name lists of main caregivers.
2 Lists of members living together in agencies.
3 Documents of childcare providers’ physical examinations.
4 Document of in-service trainings.
5 Other necessary documents.
Article 20
Authorized municipal agencies and county (city) governments, who shall reference the local price index and the disposable income of local households according to Paragraph 3 of Article 25, formulate and regularly announced the charging and refunding items and standards of childcare service by childcare service types.
Article 20-1
Employers employing childcare providers at designated agencies in accordance with Article 23 of the Act of Gender Equality in Employment to provide childcare services for the children of their employees or entrusting them with such care shall proceed by applying the provisions of these Regulations, mutatis mutandis. However, this restriction does not apply to the provisions of Article 20-2.
The environment and facilities of the aforementioned designated agencies must be in compliance with the safety requirements for childcare service sites for the children of employees. Safety inspection items for such service sites shall be promulgated by the central competent authority.
Article 20-2
Authorized municipal agencies and county (city) governments entrusting childcare providers at designated agencies with providing temporary childcare services shall proceed by applying the provisions of these Regulations, mutatis mutandis. However, this restriction does not apply to the provisions of Articles 18 and 20-1.
The environment and facilities of the aforementioned designated agencies must be in compliance with the environmental safety requirements for childcare services.
Article 21
The Regulation has been implemented from the date of promulgation.
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