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Chapter Law Content

Title: Child and Youth Sexual Exploitation Prevention Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter III Placement and Services
Article 15
Within twenty-four (24) hours after finding out and rescuing a victim, the responsible prosecutor, judicial police officer, or judicial police shall transfer the said victim to the competent local authority at the special municipality or city (county) level.
The competent authority at the special municipality or city (county) level mentioned in the preceding Paragraph shall immediately conduct an assessment on a victim (transferred to the said authority in accordance with the preceding Paragraph) in terms of the school enrollment, employment, adaptation to life, and personal safety of the said victim, as well as the functions of the said victim’s family in offering protection and education (to the said victim), and proceed with any of the followings if the said victim is identified as a subject for protection:
1.informing any of the parents, guardian(s), or relatives of the said victim to bring the said victim home and offer proper protection and education (to the said victim);
2.transferring the said victim to an appropriate place that offers emergency placement, protection, and services to the said victim; or
3.offering any other necessary protection and assistance to the said victim.
In the event that a victim mentioned in the preceding Paragraph is not identified as a subject for protection, the competent authority at the special municipality or city (county) level may offer help, depending on what the said victim needs, to the said victim by referring the said victim to any relevant services or sources.
The preceding two Paragraphs shall apply when the competent authority of a special municipality or city (or county) receives a report about or discovers a victim or when a victim seeks help by himself or herself.
Article 16
Within seventy-two (72) hours following (the time of) an emergency placement of a victim by a competent authority at the special municipality or city (county) level pursuant to the preceding Article, the said competent authority should conduct an assessment on whether the said victim requires any further placement. If, following the aforesaid assessment, the competent authority at the special municipality or city (county) level finds that a victim requires no further placement, the said competent authority should no longer place the said victim under any placement and shall hand over the said victim to (the care of) the parents or guardian(s) of the said victim or any other suitable person. If, following the aforesaid assessment, the competent authority at the special municipality or city (county) level finds that a victim requires further placement, the said competent authority should submit a report to and file a motion requesting a competent court to issue a ruling (on whether the said victim requires further placement).
If a competent court, following its receipt of a motion filed pursuant to the preceding Paragraph, finds that a victim requires no further placement, the said court shall issue a ruling ordering that no further placement (is required) for the said victim and that the competent authority at the special municipality or city (county) level shall hand over the said victim to (the care of) the parents or guardian(s) of the said victim or any other suitable person. If a competent court, following its receipt of a motion filed pursuant to the preceding Paragraph, finds that a victim requires further placement, the said competent court shall order the competent authority at the special municipality or city (county) level to place the said victim at a child and youth welfare institution, a foster family, or any other appropriate medical or educational institution for a period of not more than three (3) months.
During the period of placement of a victim, a competent court may, sua sponte or upon a motion filed by the competent authority at the special municipality or city (county) level, by the said victim, by the parents or guardian(s) of the said victim, or by any other suitable person, issue a ruling ordering to halt the placement of the said victim, and that the competent authority at the special municipality or city (county) level shall hand over the said victim to (the care of) the parents or guardian(s) of the said victim, or any other suitable person, for protection and education.
The competent authority at the special municipality or city (county) level may continue placing a victim under placement before receiving a (court) ruling mentioned in the second Paragraph (of this Article) above.
Article 17
The seventy-two (72) hours period prescribed in the first Paragraph of the preceding Article shall commence from the moment when a victim is placed under emergency placement pursuant to Subparagraph 2 of Paragraph 2 of Article 15. However, none of the following counts in the aforesaid seventy-two (72) hours period:
1.the duration of escort;
2.the duration of a delay caused by any traffic obstructions;
3.the duration during which the conduction of an assessment on whether a victim requires placement is impossible due to any other laws or regulations; or
4.the duration of a delay caused by any other force majeure events.
Article 18
The competent authority at the special municipality or city (county) level shall, within forty-five (45) days of placement of a victim, submit a pretrial report to a competent court and file a motion requesting a court ruling (on whether the said victim requires any placement). The aforesaid court may order the said competent authority to amend the said pretrial report within seven (7) days (following the said court order) if the said court finds the said pretrial report incomplete.
A pretrial report mentioned in the preceding Paragraph shall contain a placement assessment and suggested treatments (for a victim). The content(s), items, and format of a pretrial report shall be formulated by the competent central authority.
Article 19
Upon a motion filed in accordance with the preceding Article, a competent court shall, within seven (7) days following the completion of the investigation of relevant evidence, issue any of the following rulings with respect to a victim:
1.when a competent court finds that a victim requires no placement, the said court shall issue a ruling ordering that the said victim requires no placement and shall be handed over to (the care of) the parents or guardian(s) of the said victim or any other suitable person. The same rule shall apply to foreigners without valid visitor or residence permits, people of the Mainland Area, residents of Hong Kong and Macau, and nationals without registered permanent residence in the Taiwan area;
2.when a competent court finds that a victim requires placement, the said court shall issue a ruling ordering the competent authority at the special municipality or city (county) level to place the said victim under placement at a child and youth welfare institution, a foster family, a transition school, or any other appropriate medical or educational institution established or commissioned by the said competent authority, for a period of not more than two years; or
3.a ruling ordering (the adoption of) any other appropriate treatments.
Prior to the repatriation of a victim who is not placed under any placement pursuant to the latter part of the first Subparagraph of the preceding Paragraph, the competent authority at the special municipality or city (county) level shall commission or subsidize a private organization to continue offering counseling (to the said victim). The competent immigration authority shall arrange for repatriation (of the said victim) as soon as possible and safely repatriate the said victim.
Article 20
Any of the competent authority at the special municipality or city (county)level, the responsible prosecutor, the parents or guardian(s) of a victim, or any other suitable person who disagrees with a court ruling may file an interlocutory appeal within ten (10) days of receipt of the said ruling.
A ruling issued by the competent court of interlocutory appeal is subject to no further appeal.
The enforcement of the original (court) ruling shall not be halted during the process of interlocutory appeal.
Article 21
After placing a victim under placement in accordance with Article 19, the competent authority shall conduct an assessment (on the said victim) every three (3) months. If, following an assessment mentioned above, the competent authority finds that a victim requires no further placement, that the said victim needs to be transferred to a different placement facility, or that the said victim requires any other more appropriate treatments, the said competent authority may file a motion requesting a competent court to issue a ruling ordering the halt of placement of the said victim, the transfer of the said victim to a different placement facility, or (the adoption of) any other appropriate treatments.
If, prior to the end of (the period of) placement of a victim ordered by a competent court in accordance with Subparagraph 2 of Paragraph 2 of Article 19, the competent authority at the special municipality or city (county) level finds that the said victim requires further placement, the said competent authority should, within forty-five (45) days before the end of (the period of) the said victim’s placement, submit an assessment report to a competent court and request the said court to issue a ruling ordering the extension of placement of the said victim. The period of each extension (of placement of a victim) shall not exceed one (1) year. However, the placement of a victim shall not be extended beyond the twentieth (20th) birthday of the said victim.
If an assessment of a victim, who reaches the age of eighteen (18) during the placement (period) of the said victim, finds that the said victim requires further placement, the said victim may be placed under further placement until the end of placement (period) of the said victim or until the twentieth (20th) birthday of the said victim.
In the case that a victim is exempted from placement, that a victim requires no placement, or that the placement of a victim is halted, the competent authority at the special municipality or city (county) level shall assist the said victim and the family of the said victim in making necessary arrangements beforehand for the return of the said victim.
Article 22
The competent central authority carrying out regulatory activities relating to education-related affairs, and the competent central authority, shall jointly or work in coordination with the competent authorities at the special municipality or city (county) level to establish halfway schools that offer placements to victims.
The organization of and the education offered at halfway schools shall be otherwise formulated in the form of statutes.
Article 23
The competent authority at the special municipality or city (county) level shall assign (, designate, or appoint) a social worker (or social workers) to offer counseling treatment(s) to a victim subjected to a ruling issued by a competent court pursuant to the former part of Subparagraph 1, or Subparagraph 3, of Paragraph 1 of Article 19 for a period of at least one (1) year or until the eighteen (18th) birthday of the said victim.
If, during the counseling period specified in the preceding Paragraph, the competent authority at the special municipality or city (county) level, the parents or guardian(s) of a victim, or any other suitable person finds that the counseling treatment(s) offered to a victim is unhelpful or that a victim requires (further) placement, the said authority may, sua sponte or upon request by the parents or guardian(s) of the said victim or by any other suitable person, file a motion, together with evidence and a statement of cause prepared by the said authority, by the said parents or the said guardian(s) of the said victim, or by the said suitable person, requesting a competent court to issue a ruling pursuant to Subparagraph 2 of Paragraph 1 of Article 19.
Article 24
Those to whom have been entrusted the care of a victim, as ruled by a competent court pursuant to Paragraph 2 of Article 16 or Paragraph 1 of Article 19, shall assist the social worker(s) assigned (, designated, or appointed) by the competent authority at the special municipality or city (county) level in the counseling (treatment(s)) of the victim.
Article 25
The competent authority at the special municipality or city (county) level shall make proper arrangements, in accordance with with the Protection of Children and Youths Welfare and Rights Act, for victims who are unable to return home after they have been exempted from placement or the placement has been halted or terminated.
Article 26
The provisions of the Juvenile Delinquency Act and the Social Order Maintenance Act do not apply to a child or a youth who is, or who is in danger of being, subjected to sexual exploitation when the said child or the said youth has not committed any other crime(s).
If a child or a youth mentioned in the preceding Paragraph commits any other crime, the said child or the said youth shall be referred to the competent authority at the special municipality or city (county) level pursuant to Article 15 before the referral of the said child or the said youth to a competent juvenile court in accordance with the Juvenile Delinquency Act.
Article 27
During the period of placement, or protection and education, of a victim, the competent authority at the special municipality or city (county) level, or the institution, school, foster family, or any other suitable person entrusted with the care of the said victim as ruled by a competent court, may, within the scope of placement or protection and education to the said victim, exercise parental rights and assume parental obligations over minor children.
Article 28
In the event that a parent, an adoptive parent, or a guardian commits any of the offenses prescribed in Articles 32 to 38, or Paragraph 1 or Paragraph 3 of Article 39, against a child, an adopted child, or a ward, any of which is under the age of eighteen (18), the said victim, a prosecutor, the next of kin of the said victim, the competent authority at the special municipality or city (county) level, a child and youth welfare institution, or any other interested parties, may submit an application to a competent court (for a court order) to suspend the (exercise of) parental rights and responsibilities of the said parent, the said adoptive parent, or the guardian’s rights and responsibilities of the said guardian, and to appoint another (alternative) guardian. If an adoptive parent commits any of the offenses mentioned above against an adoptive child, the aforesaid application may contain a request requesting the competent court to terminate the adoption (relationship between the said victim and the said adoptive parent).
When appointing a guardian or an alternative guardian for a victim pursuant to the preceding Paragraph, a court may (by issuing a ruling to) appoint the competent authority at the special municipality or city (county) level, a child and youth welfare institution, or any other suitable person as the guardian of the said victim. Moreover, (the ruling of) the said court may direct specific ways for the exercise of guardianship, may order the parents, the original guardian(s), or any other child support obligor(s) of the said victim to hand over the said child (the said victim) or to pay the appointed guardian or the appointed alternative guardian an appropriate amount of maintenance and remuneration, may issue an order demanding any necessary action, or may decide on necessary matters.
A court ruling mentioned in the preceding Paragraph may serve as a writ of enforcement.
Article 29
The competent authority at the special municipality or city (county) level may order (require) the parents or guardian(s) of a victim, or any other person who actually takes care of a victim, to take parental education and counseling for a period of not less than eight (8) hours and not more than fifty (50) hours, and may implement a family treatment program.
Article 30
The competent authority at the special municipality or city (county) level shall offer counseling treatment(s) to, and follow up on, a victim who falls under any of the following circumstances and shall provide the said victim with assistance in school enrollment, employment, or independent living, or with any other necessary assistance for a period of at least one (1) year or until the twentieth (20th) birthday of the said victim:
1.the said victim is treated pursuant to Subparagraphs 1 and 3 of Paragraph 2 of thecthe5;
2.the said victim is no longer placed under any (further) placement pursuant to Paragraph 1 or Paragraph 2theAthele 16;
3.the said victim was placed in a child and youth welfare institution, foster family, or any other appropriate medical or educational institution pursuant to Paragraph 2 of Article 16 and returned to the said victim’s home following the expiration of the placement period;
4.the said victim is subject to a court ruling, issued pursuant to Paragraph 3 of Article 16, ordering to halt the placement of the said victim and hand over the said victim to (the care of) the parents or the guardian(s) of the said victim, or any other suitable person, for protection and education;
5.the placement offered to the said victim pursuant to Subparagraph 2 of Paragraph 1 of Article 19 expires; or
6.the placement offered to the said victim expires or is halted under a court ruling issued pursuant to Article 21.
The authorities for education-related affairs, labor affairs, health affairs, or police administrative affairs shall fully cooperate with the competent authority at the special municipality or city (county) level in offering the counseling treatment(s) and follow-up mentioned in the preceding Paragraph.