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

Print Time:2024/12/21 19:25
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Chapter Law Content

Chapter 5 Welfare Institutes:
Article 75
Welfare institutes for children and youth are classified as follows:
1. Baby care centers.
2. Early intervention institutions.
3. Placement and educational institutions.
4. Psychological services or family consultation institutions.
5. Other welfare institutes for children and youth.
The standards for the scale, area, facilities, staffing, and scope of business of the welfare institutes for children and youth referred to in the preceding paragraph shall be regulated by the central authorized agency.
Authorized agencies shall establish or encourage and entrust the private sector to establish welfare institutes for children and youth referred to in Paragraph 1.If necessary, they may entrust the private sector to conduct the business of public welfare institutes for children and youth under their jurisdiction.
Special municipal or county (city) authorized agencies shall implement or entrust relevant professional institutions and groups to implement the guidance and management of baby care center services.
Article 75-1
When municipal or county (city) competent authorities entrust non-profit juridical persons to serve as childcare centres, early treatment institutes, or placement and educational institutes at state-owned land or buildings based on the national policy, the national property management agency may provide the state-owned land or buildings through rental. The annual rent shall be calculated based on the land value tax and house tax payable for the year in accordance with the law.
Article 76
After-school care services for children referred to in Subparagraph 12 of Paragraph 1 of Article 23 shall mean care services offered after-school for children in elementary school.
Elementary schools assigned by each educational authority shall provide after-school services for children mentioned in the previous paragraph in the after-school careservices classes for children or township (town, city, or district) halls, private sectors, or groups may apply for the establishment of after-school care services centres for children.
For after-school careservices classes and centres for children referred to in the preceding paragraph, the central education authoroty shall enact the regulations relating to the application, establishment, charges and their usage and charging standards, management, facilities, reorganization, personnel qualifications, verification and reporting of incompetent personnel, collection, access, processing, and use of information, and other matters that shall be abided by.
Municipal or county (city) competent authorities shall convene examination meetings for after-school careservices classes or centresfor children. Directors of agencies or assigned representatives shall serve as conveners, and the meetings shall include the representatives of agencies, educational scholars and experts, and representatives of family groups, women’s groups, public welfare educators’ groups, labor groups, and children and youth welfare groups.
Article 77
Baby care centers shall offer group insurance to children under their care.
Special municipal or county (city) authorized agencies shall enact the regulations governing the range, amount, payment term, duration, benefit standards, responsibilities and obligations, application procedures, and other related issues of the group insurance referred to in the preceding paragraph.
Article 77-1
Childcare centresshall be equipped with surveillance video equipment.
The central authorized agency shall enact the regulations relating to the installation and management of surveillance video equipment referred to in the preceding paragraph, processing, use, retrieval, storage, and duration of audio and video data, and other matters.
Article 78
Professionals shall be selected to undertake the necessary affairs of welfare institutes for children and youth; the central authorized agency shall enact the regulations governing the type of professionals and their qualifications, training, and courses.
Article 79
The establishment license as described in this Act shall be exempt of fees.
Article 80
Special municipal or county (city) authorized agencies in charge of education shall appoint social workers or guidance specialists to implement the relevant affairs under this Act.
The central authorized agency in charge of education shall enact the regulations governing the qualifications, appointment, and implementation of the social workers, or guidance specialists referred to in the preceding paragraph.
Article 81
People who are under any of the following circumstances shall not serve as the responsible people or employees of children and youth welfare institutes:
1. People who have committed offenses set forth in Paragraph 1 of Article 2 of the Sexual Assault Crime Prevention Act, Article 25 of the Sexual Harassment Prevention Act, or the Child and Youth Sexual Exploitation Prevention Act and have been punished with deferred prosecution or found guilty; however, people aged below 18 and convicted of breaking Article 227 of the Criminal Code are not restricted by the Article.
2. People who have performed one of the behaviours described in each subparagraph of Paragraph 1 of Article 49 and have been verified by relevant authorities.
3. People who may hurt children and youth based on the objective facts, which have been verified by the authorities to be unable to execute duties.
4. People who have committed sexual assault, sexual harassment, or sexual bullying, which has been verified by relevant agencies (institutes) based on the objective facts.
People who have behaviour in Subparagraph 2 or 4 of the preceding paragraph, the authorities shall determine the period of not serving as the responsible people or employees of children and youth welfare institutes based on the severity of the individual cases.
The authorities shall invite relevant specialists physicians, scholars and experts in children and youth welfare to form a review team for verification referred to in Subparagraph 3 of Paragraph 1.
After the cause described in Subparagraph 3 of Paragraph 1 ceases to exist, people may serve as the responsible people or employees of children and youth welfare institutes according to the Act.
The authorities shall verify whether the responsible people of children and youth welfare institutes meet one of the conditions described in Paragraph 1; before employment, employees shall be verified by children and youth welfare institutes, and agencies where inquiries are made shall cooperate to verify the employees.
Before employment, children and youth welfare institutes shall submit the rosters, copy of qualification documents, statements, copy of health examination reports, certificate of police criminal records check issued within the last three months, and other basic information to the authorities for approval. The authorities shall verify the aforesaid documents and may assign employees to check; the same procedures shall apply to any changes in personnel.
Children and youth welfare institutes shall terminate the duty of any employee who is involved in the acts mentioned in each subparagraph of Paragraph 1, and transfer, lay off, or retire him/her, or terminate his/her labor contract.
The central authority shall enact the regulations relating to the verification of incompetent personnel of children and youth welfare institutes, collection, processing, use and access of information, and other matters set forth in each subparagraph of Paragraph 1.
Article 81-1
People who are under any of the following circumstances shall not serve as the responsible people or employees of after-school careservices classes and centresfor children:
1. People who have committed offenses set forth in Paragraph 1 of Article 2 of the Sexual Assault Crime Prevention Act, Article 25 of the Sexual Harassment Prevention Act, or the Child and Youth Sexual Exploitation Prevention Act and have been punished with deferred prosecution or found guilty; however, people aged below 18 and convicted of breaking Article 227 of the Criminal Code are not restricted by the Article.
2. People who have committed sexual assault, sexual harassment or sexual bullying in a serious manner, or one of the acts set forth in each subparagraph of Paragraph 1 of Article 49, which has been verified by the education authorities.
3. People who have committed sexual harassment or sexual bullying in a minor manner or one of the acts set forth in each subparagraph of Paragraph 1 of Article 49, which the education authorities deem it necessary to dismiss or lay them off and verify that they shall be prohibited from being employed for one to four years.
4.People who have committed sexual assault, sexual harassment, or sexual bullying, which has been verified by education authorities based on the objective facts.
If the responsible people of after-school careservices classes and centresfor children are under one of the following circumstances described in the preceding paragraph, the education authorities shall revoke the registration.
The education authorities shall invite relevant specialists, scholars and experts of children and youth welfare to form a review team for verification referred to in Subparagraph 4 of Paragraph 1.
After the reason set forth in Subparagraph 4 of Paragraph 1 ceases to exist, people may serve as the responsible people or employees of after-school care services classes and centresfor children according to the Act.
The education authorities shall verify whether the responsible people of after-school careservices classes and centresfor children are under one of the circumstances described in Paragraph 1; before employment, employees shall be verified by after-school care services classes and centresfor children, and agencies where inquiries are made shall cooperate to verify the employees.
Before employment, after-school care services classes and centresfor children shall submit the rosters, copy of qualification documents, statements, copy of health examination reports, certificate of police criminal records checks issued within the last three months, and other basic information to the education authorities for approval. The education authorities shall verify the aforesaid documents and may assign employees to check; the same procedures shall apply to any changes in personnel; however, related documents are exempt for employees who are incumbent teachers.
After-school careservices classes and centresfor children shall terminate the duty of any employee who is involved in the acts mentioned in each subparagraph of Paragraph 1, and transfer, lay off, or retire him/her, or terminate his/her labor contract.
The central education authority shall enact the regulations relating to the verification and reporting of incompetent personnel of after-school care servicesclasses and centresfor children, collection, access before and after employment, processing, and use of information, and other matters set forth in each subparagraph of Paragraph 1.
Article 82
Welfare institutes for children and youth shall only be established by individuals or groups with the establishment permits approved by local authorized agencies; institutes involving any external fundraising, or tax exemptions shall apply for registration as incorporated foundations within six months from the date of licensing of the establishment.
In case of failure to apply for registration as incorporated foundations within the period referred to in the preceding paragraph, the institutes may apply for an extension once with good cause; the extension shall not exceed three months; the original permit shall become invalid if the institutes still fail to apply for the registration within the given period.
The central authorized agency shall enact the regulations governing the requirements, procedures, and review deadlines for establishment permits, cancellation and revocation of permits, supervision and management, suspension, shutdown, resumption, and other issues that shall be observed.
Article 83
Any one of the following matters shall not be permitted in welfare institutes for children and youth or after-school care classes and centers:
1. Abuse or hindrance to the physical and mental health of children and youth.
2. Provide insanitary meals, which is verified by the authorized agencies in charge of health to be true.
3. Provide unsafe facilities or equipment, which is verified by the competent authorities to be true.
4. Maltreatment of children and youth is discovered, but not reported to special municipal or county (city) authorized agencies.
5. Violate the laws or donation charters.
6. Business strategy that is not in accordance with the purpose of the establishment.
7. Fail to acquire legal vouchers of revenue and expenditure, conduct public hearings for donations or keep a complete accounting record.
8. Avoidance, interference, or refusal of guidance, inspection or supervision of the authorized agencies or competent authorities.
9. Make false reports about tasks.
10. Fail to apply for expansion, relocation, closure, suspension, and resumption in accordance with the regulations.
11. Occurrence other matters that will influence the physical and mental health of children and youth.
Article 84
Welfare institutes for children and youth shall not use improper or false information about their operations; any request for donations shall be done in public and only be used for the purpose of the establishment.
Authorized agencies shall conduct the guidance, supervision, inspection, incentive, and regular appraisals on welfare institutes for children and youth and announce the reports and results of appraisals.
The authorized agencies shall enact the regulations governing the objects, items, and approaches as well as incentive models of appraisal referred to in the preceding paragraph.
Article 85
In case of the termination, closure, suspension, dismissal, or revocation or cancellation of permits of welfare institutes for children and youth, children and youth shall be provided with proper placement immediately; in case of improper placement, authorized agencies in charge of establishment permits shall assist in the placement, and the institutes shall cooperate.
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