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

Print Time:2024/04/20 18:58
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Chapter Law Content

Chapter 4 The Protection of Children’s Rights and Interests
Article 30
The responsible person and other personnel of educare service institutions shall not impose physical and mental mistreatment, corporal punishment, bullying, sexual harassment, improper discipline, or any other acts of physical or mental violence or improper behavior on children.
The responsible person and other personnel of educare service institutions shall report cases in accordance with Article 26 to the municipal or county(city)competent authority no later than 24 hours.
When the municipal or county(city)competent authority is informed of a possible incident referred to in Article 23, Article 24, Paragraph 1 or Article 25, or Paragraph 1 of this Article involving the responsible person and other personnel of educare service institutions, it shall within two working days turn over the case to a dedicated committee for investigation and handling. In addition, it shall notify in writing the offender and the legal representative or current care givers of the child involved of its handling conclusion, facts established, and grounds.
The committee referred to in the preceding Paragraph shall be composed of representatives of the competent authority, educare and child welfare associations concerned with child protection, preschool educator associations, associations of other personnel, parent associations, and relevant scholars and experts. Regulations regarding the committee formation, investigation and handling procedures, and other relevant matters shall be stipulated by the central competent authority.
The offender and relevant persons of the educare service institution shall cooperate with the investigation referred to in Paragraph 3.
Educare service institutions shall establish regulations on the following matters, enforce them thoroughly, and review them regularly for improvement:
1. Environmental sanitation, food safety and sanitation, and disease prevention.
2. Safety management.
3. Regular maintenance of the facilities.
4. All safety drill plans.
5. Emergency and evacuation procedures.
Article 31
Educare service institutions shall enforce protective measures to ensure the safety of children during their arrival and departure of said educare service institution.
Preschools shall transport children with children-only buses approved by the municipal or county(city)competent authority, and the maximum vehicle age of said buses is 10 years. The specifications, markings, color, and number of children transported shall comply with regulations and be certified by the motor vehicle office. The bus driver shall possess an occupational driver’s license, and a preschool educator or an adult bus guardian shall be on board to ensure the safety of children.
Regulations regarding the management of preschool buses, drivers, and bus guardians as referred to in the preceding Paragraph and other regulations that have to be followed shall be stipulated jointly by the central competent authority and the Ministry of Transportation and Communications.
New preschool bus drivers and bus guardians shall complete at least 8 hours of basic cardiopulmonary resuscitation training within two years before their employment or within three months of employment; said bus drivers and bus guardians shall take at least 8 hours of basic cardiopulmonary resuscitation training, at least 3 hours of courses on safety education(including transportation safety), and at least one emergency drill every two years during their period of employment. Preschools shall assist the municipal or county(city)competent authority in conducting relevant training, courses, or drill at least once per season.
Article 32
Educare service institutions shall establish health management systems. Educare service institutions shall assist the municipal and county(city)competent health authority to deliver health examinations for children, and administer health guidance or referral treatment according to the results of the examination.
Educare service institutions shall record, file, and store information on the results of children’s health and disease examinations, referral treatment, and immunization records.
One month after the beginning of the school year or one month after the child is enrolled, the parents or guardian shall provide the educare service institution with their child’s immunization record referred to in the preceding Paragraph.
If the parents or guardian do not provide the information referred to in the preceding Paragraph, the educare service institution shall notify the parents or guardian to provide said information. If said information is not provided by the parents or guardian within one month after they have received notification, the educare service institution shall notify the competent health authorities.
Educare service institutions, responsible persons, and other personnel shall maintain confidentiality with regard to children’s information. However, information where consent is given by the parents or guardian or required by other legal provisions shall not be subject to this restriction.
Article 33
In order to appropriately manage children’s emergencies, injuries, or sickness, educare service institutions shall establish measures and regulations for rescue procedures, hospital transport, guidelines for ambulance support, and crisis management prior to the parents’ or guardian’s arrival.
In accordance with Paragraph 6 of Article 8, the regulations regarding facility and equipment standards require preschools to establish health facilities to provide resources for health management, emergency care management, health care, nutrition consultation, and to assist health education.
Preschool nurses shall receive, once every two years, 8 hours of emergency medical training conducted by an institution, school, or group approved by a teaching hospital or competent authority.
Article 34
Educare service institutions shall secure group insurance for children in accordance with the Group Insurance of Students at Schools at Senior Secondary Level or Below and Young Children at Educare Service Institutions Act and relevant regulations.
The educare service institution shall proactively assist in applications for children’s claim expenses.
The competent authorities at all levels shall provide public liability insurance for all educare service institutions under said jurisdiction. This will be funded on a yearly basis by the central competent authority annual budget.
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