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Title: The Protection of Children and Youths Welfare and Rights Act CH
Amended Date: 2015-12-16
Category: Ministry of Health and Welfare(衛生福利部)
Chapter 1 General Principles:
Article 1
The purpose of this Act is to promote healthy development of body and mind, protect their interest, and increase the welfare of children and adolescence (youth).
Article 2
Children and youth in this Act are people below the age of eighteen. Children are aged below twelve, and youth are regarded as between twelve and eighteen.
Article 3
Parents or guardians are responsible for the protection and education of children and youth, and should cooperate and assist any measure conducted by authorized agencies, competent authorities, welfare institutes, and groups for children and youth relating to this Act.
Article 4
The government, public/private institutes and groups will assist parents and guardians of children and youth or other people who take care of children and youth to maintain health, encourage healthy development of body and mind. They will also provide the necessary protection measures for children and youth to assist guide and treat with early intervention services, life-rehabilitation services for the disabled and other special needs.
Article 5
The government, public/private institutes, and groups will make the best rights and interests of children and youth their first consideration and balance their opinions according to each individual’s mental maturity when dealing with relevant affairs; the relevant protection and assistance will be the top priority.
In the case of unlawful invasion, the government will properly assist and protect the rights and interests of children and youth.
Article 6
Authorized agencies as referred to in this Act mean the Ministries of Health and Welfare in the central government; Municipal Government in municipalities; and Counties (cities) falling under the Government of the counties (cities).
Article 7
The affairs/issues described in the Act authorize agencies and authorities to take responsibility for the needs of children and youth based on their terms of reference. They will show respect for cultural diversity as they develop a positive plan for the welfare of children and youth, while fully cooperating with the relevant authorized agencies on matters relating to the welfare of children and youth.
Authorized agencies and authorities will be in charge of safeguarding children and youth and implement measures to prevent accidents and injuries. The division of authority and responsibilities is as follows:
1. Authorized agencies are responsible for the planning, promotion and supervision of affairs concerning the related welfare policies for children and youth.
2. Competent authorities in charge of health are responsible for affairs regarding mother and child health, fertility care, notification of premature babies, follow-up, visiting and care services, early intervention for children with developmental problems, the mental health of children and youth, medical care, rehabilitation, health insurance, etc.
3. The authorities in charge of education are responsible for affairs regarding the education of children and youth and related subsidies, special education, preschool education, safety education, family education, alternative education, career education, recreational education, gender equality education, social education, protection of the school interests of children and youth, after-school care for children, etc.
4. The authorities in charge of labour are responsible for affairs regarding the maintenance of labour conditions for youth aged below fifteen and the occupational training, employment preparation, employment services, and the maintenance of labour conditions for youth aged over fifteen or youth who have just graduated from junior high school, etc.
5. The authorities in charge of construction, public works and fire-fighting are responsible for maintaining the welfare and rights of children and youth in matters related to construction management, public facilities, public safety, building environment, fire safety management, recreational facilities, parents with infants restrooms, etc.
6. The authorities in charge of police are responsible for the affairs of children and youth concerning the safeguarding of their personal security, the prevention of law-breaking, missing children and youth, assisting helpless children and youth to find their parents and guardians, etc.
7. The authorities in charge of the law are responsible for the affairs regarding the prevention and correction of children and youth that broke the law, treatment of offenders, etc
8. The authorities in charge of transportation and communication are responsible for affairs regarding the transportation safety of children and youth, inspection of toddler’s special vehicles, public parking, etc.
9. The authorities in charge of communication and propagation are responsible for the affairs regarding the protection of the communication and propagation interests of children and youth, planning and promotion of content rating, etc.
10. The authorities in charge of household registration are responsible for affairs regarding the identification of information and household registration for children and youth, etc.
11. The authorities in charge of finance are responsible for the affairs regarding tax reduction and exemptions for children and youth organizations, etc.
12. The authorities in charge of commerce are responsible for the affairs regarding the planning, promotion and supervision of property trust services offered to children and youth.
13. The authorities in charge of economic affairs are responsible for the affairs regarding the establishment of standard relevant commodities, non-mechanical recreational facilities, gaming software rating, etc.
14. The authorities in charge of sports are responsible for the affairs regarding the sporting activities of children and youth.
15. The authorities in charge of culture are responsible for the affairs regarding the art and cultural activities of children and youth, the protection of reading and listening interests of children and youth, publications and recordings rating, etc.
16. Individual authorities related to their authority will implement other welfare measures for children and youth.
Article 8
The central authorized agencies are in charge of the affairs described in the following points. The central authority will be in charge of such affairs related to its authority as stipulated in the law.
1. Planning, recommendation, and distribution of the national welfare policy for children and youth.
2. Supervision and coordination between municipal and county (city) governments regarding the implementation that concerns the welfare of children and youth.
3. Allocation and subsidization of the central welfare budget for children and youth.
4. Planning, rewarding, and reviewing of financial support of welfare industries for children and youth.
5. Planning of related professional training of the people handling the welfare of children and youth.
6. Communication, exchange, and cooperation with international welfare affairs regarding children and youth.
7. Planning of protection services for children and youth.
8. Establishment, supervision, and guidance of the central and national welfare institutes for children and youth.
9. Planning and supervision of other related topics regarding the national welfare of children and youth.
Article 9
Authorized municipal agencies and county (city) government will be in charge of the following affairs. The local authority will be in charge of such affairs related to its authority as stipulated in the law.
1. Planning, recommendation, distribution and implementation of the welfare policy for children and youth in municipal and county (city) government, local self-government act and programs.
2. Implementation of central welfare, acts, and programs for children and youth.
3. Implementation of professional training of the people handling the welfare of children and youth.
4. Implementation of protection services for children and youth.
5. Establishment, supervision and guidance of the welfare institutes in municipal and county (city) governments for children and youth.
6. Planning and supervision of other related welfare concerns of children and youth in municipal and county (city) governments.
Article 10
The director of the authorized agency will act as a convener of the relevant scholars or experts, the related local organizations, group representatives and agency representatives to coordinate, study, examine, consult, and promote the welfare policy for children and youth.
The above-mentioned relevant scholars, experts and representatives of the related local organizations and groups will not be less than half of attendees, where a single gender will not be less than one third. If necessary, invite the youth representatives to attend the meeting.
Article 11
The government, public/private institutes, and groups will train professional people on the welfare of children and youth, and regularly conduct pre-employment and on-the-job training.
Article 12
The funds for the welfare of children and youth rise from the following sources:
1. The yearly budget and society welfare fund from each level in the government.
2. Donations from individuals or associations.
3. The penalty fine charged for any violation of the law.
4. Other related income.
Article 13
The authorized agency will conduct surveys, compile statistics and analyse the mental development, societal attendance, living conditions, and current needs of children and youth every four years, and announce the results.
Chapter 2 Identity Interest:
Article 14
The identified person will report to the health authority the relevant birth information seven days after the delivery of the baby. If it was stillborn, the same applies.
If the person who delivers the baby cannot report the birth without complete information, he/she will repost as mentioned above.
The relevant health authority will forward the birth report as mentioned in Paragraph 1 of this Article to the household and registration authority to handle it in accordance with the relevant regulations. If necessary, the household and registration authority will request the authorized agency, the police authority and other relevant authorities to assist.
The central health authorized agency will provide the relevant data sheet for the report in Paragraph 1 of this Article.
Article 15
Adoption matching services can only be provided by incorporated foundations and public/private institutes for the placement and education of children and youth (hereinafter referred to as an adoption matching service agency) subject to the approval of the authorized agency.
An adoption matching service agency shall evaluate and arrange for the adopter and children and youth to live with or contact each other gradually in advance.
An adoption matching service agency who offers this service will collect a service charge from the adopter.
The central authorized agency will enact regulations governing the qualifications for adoption matching services agencies, application procedure, issuance, revocation and cancellation of licenses, services range, examination of affairs, management, closure, suspension, and renewal specified in the first paragraph, the service specified in the second paragraph, and the charge, the basis of charges and other methods specified in the third paragraph.
Article 16
Parents and guardians unable to take responsibility for their children’s maintenance and are considering adoption will entrust the adoption matching services agency to search for an appropriate adopter. However, this provision will not be applicable in the case below:
1. Almost the same peer within six degrees of kinship of relatives and five degrees of kinship of relatives by marriage.
2. One of the couple adopts the other party’s children.
The adoption matching services agency will conduct the necessary interviews for the adoption before accepting the consignment, and make an assessment report. If adoption is necessary after being assessed; the agency will process the assessment for the adopter, and provide the relevant measures for appropriate guidance and assistance for the adoption services, etc. If adoption cannot be considered after the assessment; the agency will inform or recommend the relevant welfare services.
Adoption referred to in Paragraph 1 of this Article considers the national adopter as priority.
Article 17
When applying for adoption of children and youth in court, an adoption assessment report should accompany the application as mentioned in Paragraph 2 of the previous article unless the proviso described in Paragraph 1 of the previous article applies.
The court will order the applicant to amend the report in a certain period if the report has not attached; if the application is overdue without rectification, the application will be invalid.
The court will adapt the below measures before confirming the adoption of children and youth for the court’s reference:
1. Order authorized municipal agencies, county (city) governments, welfare institutes for children and youth, other appropriate groups or professional personnel to interview and release reports and proposals.
2. Order the adopter to live with the children and youth for a certain period. During the period of living together, the adopter will be responsible for the children and youth’s interests and needs.
3. Order the adopter to attend preparation courses for parental education, mental appraisals, drug and alcohol tests or the necessary issues that protect the best interests of the children and youth; any expenses will be at the cost of the adopter.
4. Order authorized municipal agencies and county (city) governments to survey identification information of abandoned children and youth.
The interviewer referred to in Paragraph 1 of the previous article will assess the necessity of adoption and offer assistance; if found that adoption is not necessary, the interviewer will propose to the court not to confirm the adoption.
The adopter or interested party for the adoption will present the relevant information or evidence for the court’s reference.
Article 18
If parents have different opinions on the adoption of children and youth, or either party’s residence is beyond their control, the other party can until apply to the court for confirmation. The court will confirm the adoption if it is in the best rights and interests of the children and youth.
The court that confirms or rejects the adoption of children and youth will inform the authorized municipal agencies and county (city) governments in writing. These agencies will conduct the necessary interviews or disposals and adjust the record accordingly.
Article 19
Once the court confirms the adoption of children and youth, the adoption relation will retrace and validate the date of the written contract; if there is no written contract, the relation will be valid for the date of application to the court. In the case of a trial adoption, the relation will be retraced and the dates of living together validated.
The application procedure will be terminated when children and youth die after the application of adoption is confirmed and before the court’s verdict. If the adopter is dead, the court will order the authorized municipal agencies, county (city) government, welfare institutes for children and youth, other appropriate groups or professional personnel to assess the situation and present reports and proposals. If the adoption is confirmed to be in the best rights and interests of the children and youth, the court will reach a verdict that the adoption has the same validity as described in the above paragraph.
Article 20
If adoptive parents impose any of the following acts on the adopted children, the adopted children, interested parties or authorized agencies will declare the relation of adoption terminated:
1. Any of the acts described in any Paragraph of Article 49.
2. Violate regulations described in Paragraph 2 of Article 43, Paragraph 2 of Article 47, and seriously violate the regulations.
Article 21
The central authorized agency will keep the relevant information of the position and health of the adoptee, adopter and adopted children and youth.
The adoption matching services agency and authorized municipal agencies and county (city) governments, welfare institutes for children and youth, other appropriate groups or professional personnel will regularly submit the relevant adoption information described in the previously mentioned Paragraph to the central authorized agency for its safekeeping.
The personnel who are in charge of the adoption affairs, information safekeeping, or other relevant affairs will maintain the information of parties’ privacy mentioned in Paragraph 1, and it will remain secret unless otherwise stipulated in the law.
The range, source, management, and method mentioned in Paragraph 1 will be enacted by the central authorized agency.
Article 22
The authorized agency will ask for assistance from household and registration, the immigration agency in charge of the relevant affairs of household registration, naturalization, residence, or settlement for children and youth who do not apply for household registration, are stateless, or have failed to acquire a residence and settlement permit.
Before completing their household registration or acquiring a permit of residence and settlement the law will protect the social welfare services, medical care, and schooling rights and interests of the children and youth.
Chapter 3 Welfare Measures:
Article 23
Municipalities and county (city) governments will establish integrated services mechanisms, and encourage, guide and entrust the private sector to self-manage the following welfare measures for children and youth:
1. Establish a notification system for premature babies, and provide follow-up, visiting, and care services.
2. Establish an early notification system for developmentally delayed children, and provide an early prevention services.
3. Be in charge of childcare services.
4. Provide children, youth, and their families with consultation services.
5. Provide children, youth, and their families with parental education.
6. Anyone who is incapable of bringing up children or who are wards aged below twelve will be nursed, supported with domesticity or medically cared for as necessary.
7. Youth who are incapable of making a living or are at school, do not have obligators or the obligators are incapable of bringing up the youth, will be supported with domesticity, schooling, or medical subsidies and will be helped to cultivate their capability to earn their living independently.
8. Provide subsidies for obligators who are incapable of paying medical expenses for premature babies, children with rare diseases, seriously ill children and youth as well as developmentally-delayed children.
9. Provide runaways or children and youth who are unable to be educated in the family with proper placement.
10. Offer proper placement to helpless children and youth.
11. Offer proper placement, living assistance, medical subsidy, daycare subsidy, and other necessary assistance to children and youth, who encounter difficulties due to pregnancy or childbirth, and their children.
12. Offer after-school care services to children.
13. Provide youth who are unable to return home after placement with proper assistance for independent living.
14. Provide children and youth with prevention, education, propaganda, training services of safety and accident injury.
15. Other welfare services for children, youth, and families.
Authorized agencies of central and municipal governments will enact qualifications, conditions, procedures, amounts, and other relevant methods for daycare, living assistance, and medical subsidies described in Subparagraph 6 to 8 and 11 of the previously mentioned Paragraphs.
The central authorized agency will enact disposal methods of reporting, search, placement, requirement, and tracking helpless children and youth described in Subparagraph 10 of previously mentioned Paragraph 1.
Article 24
Cultural, educational and sports agencies will encourage and guide the private sector to manage or self-manage and offer proper activity spaces for proper leisure, recreational, and cultural activities for children and youth, and protect the equal right of children and youth to participate in these activities.
The agency will reward anyone who has performed these activities.
Article 25
Authorized municipal agencies and county (city) governments will be in charge of the relevant management, supervision, and guidance of family childcare services.
The family childcare services mean anyone other than a third degree relative is charged with the services and care for children in their home environment.
Directors of authorized municipal agencies and county (city) governments will act as conveners for scholars, specialists, representatives of family childcare, representatives of children and youth welfare groups, representatives of parent groups, representatives of women groups, and representatives of labour groups. They will convene to coordinate, study, examine, and consult the relevant services, collection/refund, employee payroll, supervision, and appraisals, and will self-manage or entrust the relevant professional institutes or groups to establish an administrative mechanism.
Article 26
Family childcare services agencies will apply for registration to authorized municipal agencies and county (city) governments before offering their services.
A family childcare services agency shall not be aged below twenty and shall be qualified for one of the following terms:
1. Obtain the technician certificate for a childcare provider.
2. Graduate from relevant courses, divisions, departments, and institutes, and major in infant and child care at senior high school.
3. Complete required professional training courses for childcare provider, with certificate of completion.
Authorized municipal and county (city) agencies will self-manage or entrust the relevant professional institutes and groups to provide family childcare services agencies with the relevant registration, management, guidance, supervision and examination.
Family childcare services agencies shall not dodge, intervene or refuse the management, guidance, supervision and examination described in the previously mentioned paragraph, and shall provide necessary assistance.
The central authorized agency will enact the basic childcare count, registration, guidance, management, collection and abolishment of registration, refund, and other methods referred to in the provisions for family childcare services agencies described in Paragraph 1.
Article 26-1
Family childcare services agencies shall be displaced if one of the following conditions exists:
1. People who have committed offenses against sexual autonomy and sexual harassment and have been punished with deferred prosecution or found guilty. However, people aged below 18 and convicts breaking Article 227 of the Criminal Code are not restricted by the Article.
2. People who have violated the Narcotics Hazard Prevention Act and have been punished with deferred prosecution or found guilty.
3. People who have one of the behaviors described in each paragraph of Article 49 and this has been verified by relevant authorities.
4. People who break the law or behave improperly, which results in a significant influence on the interests of childcare services and has been verified by relevant authorities.
5. More than two relevant psychiatrists assigned by authorized municipal and county (city) agencies have confirmed a psychiatric disease or mental disorder and a failure to execute duties.
6. People who are still under statutory guardianship and assistance which has not yet been revoked.
After the cause described in the previously mentioned Paragraph 5 is eliminated, people may still apply to serve as family childcare services agencies in accordance with regulations of the Act.
If family childcare services agencies have one of the affairs described in each subparagraph of Paragraph 1, authorized municipal and county (city) agencies shall order them to stop the services and forcibly transfer the children under their childcare services. Those who have registered successfully shall have their registration abolished.
Article 26-2
When people live with family childcare services agencies and have one of the following conditions, family childcare services agencies shall only provide childcare services at the children’s home.
1. People who have one of the conditions described in Subparagraph 1, 2, or 4 of Paragraph 1.
2. More than two relevant psychiatrists assigned by authorized municipal and county (city) agencies have confirmed a psychiatric disease or mental disorder and a risk of jeopardizing the provision of childcare services.
After verification by authorized municipal and county (city) agencies in Subparagraph 2 that conditions of the previously mentioned paragraph are eliminated, family childcare services agencies may still provide family childcare services in accordance with regulations of the Act.
Article 27
The government plan to implement measures of medical care for children and youth, if necessary, subsidies offered will depend on family economic condition.
The central authorized agency will enact the supported objects, items, amounts, and procedures against the subsidies.
Article 28
The central authorized agency and agencies will regularly convene coordinative meetings for the prevention of accidents and injuries to children and youth, they will study, examine, consult, supervise, appraise, and manage the following tasks:
1. Data recordings of accidents and injuries to children and youth.
2. Establishment, examination and promotion of safety educational material for children and youth.
3. Inspection and management of standards for gaming and recreational facilities, toys, appraisals, transportation instruments, etc.
4. Establishment and promotion of other preventive mechanisms.
The meeting will select scholars and specialists, representatives of private sectors and the relevant institutes for consultation. The number of people will not be less than half of total people.
Article 29
The following transportation instruments used for children and youth will guide and manage to maintain transportation safety:
1. Special vehicles for toddlers.
2. School buses for public/private school.
3. Shuttle buses for sessional classes or after-school care services classes and centres for children.
The central education authorized agency will enact the application procedures, guidance measures, management, and supervision of attendants on board as well as other methods that abide by the transportation instruments together with transportation and communication agencies.
Article 30
Parents or guardians of disabled or developmentally challenged children and youth will apply to the police agency to establish a fingerprint database.
This data may not be used for any purposes other than searching for missing children.
The central police agency will enact the fingerprint presses, deregistration and management methods.
Article 31
The government will establish an assessment mechanism for the development of children aged below six, offering special care for early prevention, medical, schooling and family support for developmental delays in children as needed.
Parents, guardians, or other people looking after developmentally delayed children and youth will be aware of the special care offered by the government.
The central authorized agency together with the health and educational agencies will link and coordinate mechanisms for screening, reporting, assessment, curing, education, services needed for early prevention etc.
Article 32
If social welfare, educational and medical institutes find any developmentally delayed children they must report it to the authorized municipal agencies and county (city) governments. Authorized municipal agencies and county (city) governments will establish file management with data received and offer/recommend proper services as needed.
The central authorized agency will enact relevant methods for a report flowchart and file management.
Article 33
Children and pregnant women will have care priority.
Transportation and medical, public/private sector, etc. will provide children and pregnant women with priority care measures.
The public, private management of public business and private business such as the domestic public transportation, cultural and educational facilities, scenic areas and amusement places shall provide preferential measures according to the age of children and be free of charges for children under specific age.
The applicable scope and specific age for the aforementioned preference measures for children shall be regulated by the industry competent authorities.
Article 33-1
At the following sites 2% of public parking shall be reserved for pregnant women and drivers with children aged under 6; in public parking with less than 50 parking spaces but more than 25 parking spaces, at least one parking space shall be reserved for pregnant women and drivers with children aged under 6.
1. Government agencies (institutions) and public utilities. that provide public services for citizens.
2. Train stations, airports, and MRT transfer stations.
3. Department stores and retail stores, with the total business premisesof 10,000 square meters or more in floor area.
4. Regional or central hospitals with pediatric wards or maternity wards.
5. Recreational parks.
6. Other sites announced by the transportation competent authorities at all levels.
The location, space, object and method, and other regulations of parking in the preceding paragraph shall be stipulated by the central transportation competent authority and the authorities in charge of construction, public works and fire-fighting.
Article 33-2
The following sites shall have parents with infants restrooms, safety chairs, and diaper change tables suitable for children aged under 6 and their caregivers.
1. Government agencies (institutions) that provide public services for citizens with the totalfloor area of 5,000 square meters or more.
2. Public utilities, with the total business premises of 5,000 square meters or more in floor area.
3. Train stations, airports, and MRT transfer stations, with the total service place of 5,000 square meters or more in floor area.
4. Department stores and retail stores, with the total business premises of 10,000 square meters or more in floor area.
5. Regional or central hospitals with pediatric wards or maternity wards.
6. Recreational parks.
For locations not having the parents with infants restrooms stipulated in first three subparagraphs of the preceding paragraph, the municipal or county (city) construction competent authority shall order the owner or person in charge or the organization to improve before a certain deadline; in case of a difficulty in the establishment, an alternative improvement plan may be proposed by the owner or person in charge or the organization and reported to the municipal or county (city) construction competent authority for approval.
Items, specifications, and other regulations regarding parents with infants restrooms in the first subparagraph shall be stipulated by the central construction competent authority. Establishment of related product standards shall be stipulated by the central economic competent authority.
The Article will come into force two years from the date of promulgation, November 27, 2015.
Article 34
The competent authorities in charge of education and labour will evaluate the potential and wishes to continue education and accept occupational training or employment for youth aged 15 or youth that graduated from junior high school, that want to continue education or employment.
The competent authority in charge of educational will manage and guide career education, labour advantages and occupational safety education in the senior high school degree according to regulations.
The competent authority in charge of labour will provide occupational training, employment preparation, occupational experience, employment matching, supporting employment placement, and other employment services measures according to the regulation referred to in Paragraph 1.
Article 35
Employers will present opportunities for continuing education for youth aged 15 or youth that graduated from junior high school; the competent authority in charge of labour labour will reward employers who have good performance.
Article 36
The competent authority in charge of labour will integrate the competent authority in charge of education and social administration to provide youth who lack technique and educational degrees but need employment with individual employment.
Article 37
The degree below senior high school will cooperate with educational program institutes and students with legal representation to sign a written training contract to clarify responsibility and obligation.
The central education agency will provide the format for the training contract sample and state that issues to record.
Article 38
The government will connect with private institutes and groups to encourage children and youth to participate in public affairs in schools and communities, and offer opportunities to protect participation rights.
Article 39
The government will connect with private institutes and groups to encourage the creation of children and youth’s literature, video/audio publications and programs, introduction, translation and editing of international publications, so children and youth have advanced video/audio publications.
Article 40
The government will connect with and encourage private institutes and groups to reward superior children and youth’s video/audio publications, video programs, broadcast, gaming software and TV programs.
Article 41
To assure play and recreational rights to promote the mental health of children and youth, children’s weekly learning period in elementary school will not exceed the limit of the curriculum guidelines stipulated by the Ministry of Education, unless otherwise described by the law.
The central agency will invite scholars, specialists, and representatives of private groups in the field of children and youth issues to participate in the design and planning of the curriculum guidelines.
Article 42
Parents of children who are unable to attend school due to special conditions will apply for non-school experimental education to municipalities and county (city) government to ensure children and youth’s right to education.
Chapter 4 Protective Measures:
Article 43
Children and youth may not do the following:
1. Smoke, drink, and chew betel nut
2. Use drugs, illegal or controlled medicines or other material that might damage their mental health.
3. Watch, read, listen to, or use publications, photos, video program tapes, films, CDSs, electronic signals, gaming software, internet contents or other articles relating to violence, blood, sex, obscenity, and gambling.
4. Participate in driving competitions, skill competitions, crosstalk, other dangerous driving methods, etc.
5. Continue using electronic products for an unreasonable amount of time, causing harm to their physical and mental health.
Parents, guardians, or other people looking after children and youth will prohibit children and youth from behaving in the ways listed in every previously mentioned paragraph.
No one will supply children and youth with the materials and articles listed in Subparagraph 1 to 3 of Paragraph 1.
No one will spread or broadcast the materials and articles listed in Subparagraph 3 of Paragraph 1 to children and youth.
Article 44
The rating management obligator will rate publications, video program tapes, and gaming software other than newspapers. The agency will confirm other articles that influence children and youth’s mental health, that are subject to the same rating.
No one shall violate the display rules enacted in Subparagraph 3, and allow children and youth to watch or obtain restricted articles.
The central competent agency will enact the classification, content, marking, method of display, management, rating management obligators and other methods of articles listed in Subparagraph 1.
Article 45
Newspapers will not publish the following contents that will harm children and youth’s mental health; this excludes public documents as properly quoted from judicial agency or administrative agencies:
1. Letters or photos that described (draw) detailed sex offenses, obscenities, described suicide, drug use, etc.
2. Letters or photos that described (draw) detailed blood and sex.
The Newspaper Association that confirms the contents will enact self-disciplinary regulations and examination mechanisms to prevent newspapers from harming children and youth’s mental health, and report to the central authorized agency to file accordingly.
The newspaper association will dispose of anyone that violates any issues relating to Paragraph 1 according to self-disciplinary regulations and examination mechanisms within three months. It can extend to one month if necessary.
In case of any one of the below issues, the authorized agency will invite representatives of newspaper associations, children and youth welfare groups, specialists and scholars to jointly examine the confirmation according to self-disciplinary regulations for reference in Paragraph 2:
1. Members not included in the newspaper association that violate issues from Paragraph 1 and need to be prosecuted.
2. Newspaper association needs to dispose of some overdue cases.
3. Parties are not happy with the result of the newspaper association’s decisions in certain cases posted on newspaper, disposed newspaper industries or children and youth welfare groups.
Article 46
The competent authorities in charge of communication and propagation calls each competent authority to encourage private groups to establish content protection mechanisms to prevent children and youth from seeing internet contents, that will harm their mental development, like in the following cases:
1. Observation of internet used by children and youth.
2. Establishment and implementation of complaint mechanisms.
3. Promotion and review of contents rating system.
4. Establishment and promotion of screened software.
5. Education propaganda of on-line safety for children and youth.
6. Promote internet platform provider to establish a self- discipline mechanism.
7. Establishment and promotion of other protective mechanisms.
Internet platform providers will enact self-disciplinary regulations to adapt clear, accurate, and workable protective measures. They will adapt the necessary measures related to the self-disciplinary regulations enacted by the relevant associations for those without self-disciplinary regulations.
Internet platform providers will take clear, accurate, and workable protective measures to limit receipt and review, or advanced removal of harmful internet contents after receiving information about violations against children and youth’s mental health or violations of measures related to regulations from the agency.
Internet platform providers referred to in the three paragraphs mean any internet platform services offered on-line, including stored space offered in the internet, or information, value-added services and web page linked services provided by construction of websites.
Article 46-1
No one shall spread or transmit content which is harmful to the physical and mental health of children and youth on the internet, or allow children and youth to obtain or watch such content without taking clear and workable protective measures or conforming to the protective measures of internet platform providers.
Article 47
Children and youth may not access hotels, special coffee/tea stores, adult products retailers, X-rated electronic games and other sites that involve gambling, sex and violence, etc., which are confirmed by authorized agencies to damage their mental health.
Parents, guardians, or other people looking after children and youth will prohibit children and youth from accessing these places.
Responsible people and workers at places listed in Paragraph 1 will prohibit children and youth from accessing them.
Places listed in Paragraph 1 shall be located at a distance of more than 200 meters from kindergartens, elementary schools and junior high schools, senior high schools and vocational high schools, and shall be opened after registering with business registration agencies with certificate documents.
Article 48
Parents, guardians, or other people looking after children and youth will prohibit children and youth from working as a waiter/waitress in Paragraph 1 of the Article or undertaking dangerous, abnormal or other work that can harm their mental development.
Anyone will not use, employ, or force/seduce children and youth to undertake the work that can damage their mental development.
Article 49
No one will do the following to children and youth:
1. Desertion
2. Mental abuse
3. Utilize children and youth to undertake dangerous activities or deceptive behavior that is injurious to their health
4. Take advantage of children and youth who are disabled or in special corporality to show in public.
5. Utilize children and youth to beg.
6. Deprive or hinder children and youth from using the opportunity for a national education.
7. Force children and youth to marry.
8. Abduct, kidnap, sell, and pledge children and youth.
9. Force, seduce, remain, or act as brokers for children and youth to undertake obscenities or sexual behaviour.
10. Provide children and youth with knifes, guns, bullets or other dangerous articles.
11. Utilize children and youth to take or record publications, photos, video program tapes, films, CDSs, disks, electronic signals, gaming software, internet contents or other articles relating to violence, blood, sex, obscenities that will harm their mental health.
12. Force or seduce children and youth to situate themselves at places which cause immediate danger or harm to the lives and bodies of children and youth.
13. Lead or seduce children and youth to any place that will harm their mental health.
14. Force, seduce, harbor, or act as mediator for children or youth to commit suicide.
15. Behave abnormally or commit crimes against children and youth or utilize children and youth to commit crimes or behave abnormally.
Article 50
Pregnant women will not smoke, drink, chew betel nut, use drugs, and use illegal controlled medicines or engage in other behaviour that will negatively influence prenatal development.
Anyone will not force, seduce, or use other ways to make pregnant women damage prenatal development.
Article 51
Parents, guardians, or other people looking after children and youth will not leave children below age six or children and youth that need special care alone or allow them to be looked after by improper people.
Article 52
Authorized municipal agencies and county (city) governments should assist, guide or place any one of the below issues caused to children and youth, subject to applications or the consent of parents, guardians or people looking after children and youth:
1. Violate regulations described in Paragraph 1 of Article 43, Paragraph 1 of Article 47 or undertake prohibited tasks described in Paragraph 1 of Article 48, and invalid after parents, guardians or people looking after children and youth try the utmost to prohibit.
2. Parents, guardians, or people looking after children and youth tried their utmost to correct any serious deviant behaviour but did not succeed.
The maintenance support obligator will carry any costs related to the institutes that assist guide or place any necessary living expenditure, health care fees, tuition and fees, miscellaneous and collection fees and other relevant expenses will be carried by; the authorized municipal agencies and county (city) governments will enact such regulations.
Article 53
Medical personnel, social workers, educational personnel, day care personnel, preschool educators, police, judicial personnel, immigrant personnel, personnel of household registration, administrators of villages (community) or other providers of children and youth welfare that witness while at their duties one of the following issues relating to children and youth will report it to the authorized municipal agencies and county (city) agencies within 24 hours:
1. Use drugs, illegal or controlled medicines or other material that are harmful to mental health.
2. To be waiter/waitress in the places described in Paragraph 1 of Article 47.
3. Behaviour caused by provisions described in each paragraph of Article 49.
4. Any issue listed in Article 51.
5. Any issue listed in Paragraph 1 of Article 56.
6. Any other harmful situation.
Anyone who observes the issues in each subparagraph of the previously mentioned paragraph for children and youth must report them to the authorized municipal agencies and county (city) agencies.
After acknowledging or receiving the report, authorized municipal agencies and county (city) agencies will immediately take care of the first two cases in order within 24 hours.
Authorized municipal agencies and county (city) agencies will release an investigation report within four days after accepting the cases described in Subparagraph 5 of Paragraph 1, and will release an investigation report within thirty days after accepting the cases described in other subparagraphs of Paragraph 1.
Identification information of the reporter mentioned in the Paragraph 1 and 2 must be kept secret.
The central authorized agency will enact the reporting, handling, and investigating methods in Paragraph 1 to 4.
Article 54
Medical personnel, social workers, educational personnel, day care personnel, preschool educators, police, judicial personnel, immigrant personnel, personnel of household registration, administrators of villages (community), director of villages (community), mansion janitors and other children and youth welfare providers who on their duties are aware of economic, educational, marriage and medical problems occurring in children and youth’s families, causing inappropriate care to children and youth, will report them to authorized municipal agencies and county (city) agencies.
Authorized municipal agencies and county (city) agencies will conduct interviews and assessments after receiving the report, and provide living, medical, schooling, day care and other necessary assistance together with the relevant agencies of police, education, household & registration, health, finance, financial management, labour administration, immigrant, or other agencies.
The central authorized agency will enact the two reports and assistance methods.
Article 54-1
If the child’s parents, custodian or any other person taking care of the child violates the Anti-Drug Control and Prevention Ordinance and is thus wanted, detained, observed, forced to give up the drugs or imprisoned, the judicial police officer, judicial police, prosecutor or the judges shall investigate the child’s living condition and care quality.
In the case that the judicial police officer, judicial police, prosecutor or the court judge investigates the case as mentioned above, and is informed that the child is now facing any of the circumstances stipulated in Article 53 (1) or Article 54, he/she should report it to the government authority at the municipal and county (city) .
Article 55
Children and youth who are suffering from sexual diseases, alcohol addiction or drug abuse will be offered medical assistance by parents, guardians or other people looking after children and youth, or authorized municipal agencies and county (city) governments will offer medical assistance together with health agencies; if necessary, police agencies can be asked for assistance.
Parents and guardians of children and youth will pay the expenditure for the treatment. However, expenditure belonging to the national health insurance or subsidies according to the laws is free from limitation.
Article 56
Authorized municipal agencies and county (city) governments will take urgent protection, placement, or disposal acts in the case of children and youth who are in immediate danger to their lives, bodies or freedom without immediate protection, placement or other settlement; in the following cases:
1. Improper maintenance or care of children and youth.
2. Necessary diagnosis without medical care to children and youth.
3. Children and youth that are abducted, kidnapped, sold, pledged, forced, or seduced to participate in abnormal behaviours or tasks.
4. It is hard to provide immediate protection to children and youth who suffered from any persecution without being immediately released.
Authorized municipal agencies and county (city) governments will consider the best interests of children and youth in any one of the issues to reinforce necessary protection, placement, or other needed disposal after multi-assessment.
Authorized municipal agencies and county (city) governments will request prosecutors or local police agencies to assist subject to the urgency of protection, placement, or other needed disposal.
Authorized municipal agencies and county (city) governments subject to the placement of children and youth described in Paragraph 1 will be in charge of foster families, while proper welfare institutes for children and youth or other placement institutes will provide further education.
Article 57
Authorized municipal agencies, county (city) governments, parents, and guardians of children and youth will report to the local district courts and police agencies, according to the urgency of the placement regulation. In case children and youth have no parents, guardians or their parents and guardians are hard to be adviced, authorized municipal agencies, county (city) governments will not inform them. .
Urgent placement will not exceed 72 hours. If adequate protection cannot be found in more than 72 hours, the case will be referred to the court for continuous placement. Three months will be the limit for continuous placement; if necessary, the case will be referred to the court for a sentence of extension, with a maximum of three months per extension.
Telecom fax or other technical equipment will deliver notice of referred continuous placement.
Article 58
The 72 hours proposed in Paragraph 2 of the foregoing Article will commence from the time they become aware of the urgency of the placement of children and youth as described in the Paragraph 1 of the foregoing Article. However, the below time excludes in part of the 72 hours:
1. Escorting time
2. Rush hour
3. Delays caused by force majeure
Article 59
Authorized municipal agencies and county (city) governments, parents, guardians, released children, and youth who overthrow the sentence described in Paragraph 2 of Article 57 can file an appeal within ten days after sentence. Any overthrown court’s sentence will not be overthrown.
During the referred and overthrowing period, original placement agencies, institutes, or foster families will continue the placement.
In case of change or the need for continuous placement subject to the original sentence during the period of placement, authorized municipal agencies and county (city) governments, parents, guardians and released children and youth can appeal to the court for change or a revoke.
Authorized municipal agencies and county (city) governments will continue to track and guide the children and youth for at least one year after the expiry of the placement or according to the revoke.
Article 60
During the period of placement, authorized municipal agencies, county (city) governments, assigned placement institutes, or foster families will perform and bear the responsibility of protective parents for under-aged children and released children and youth.
When a case refer to the court for a continuous placement judgment of children and youth, authorized municipal agencies, county (city) governments, placement institutes or foster families being released will assign one of the members to implement custody affairs, and take the same notice responsibilities as parents. Authorized municipal agencies and county (city) governments will report to the court the person who will execute the custody affairs and file the report of case development as reference.
During the period of placement, children, and youth’s parents, original guardians, relatives and teachers will visit children and youth according to appointed time, place, and approach, subject to the consent of the authorized municipal agencies and county (city) governments. Authorized municipal agencies and county (city) governments will prohibit the visiting of anyone who does not comply with the appointment or is a disadvantage to the children and youth.
Authorized municipal agencies and county (city) governments will respect children and youth’s willingness before agreeing with the paragraph.
Article 61
Children and youth who are not being protected during the period of placement will not be allowed to be interviewed, investigated, examined, or attend a check-up.
Social workers will accompany children and youth who accept interviews, investigations, examinations, or check-ups to protect their privacy.
Article 62
Parents, guardians, right parties or children and youth welfare institutes will apply to authorized municipal agencies and county (city) governments to place and protect children and youth who are unable to lead a normal family life due to their families’ significant accidents.
Authorized municipal agencies and county (city) governments assigned to the placement will be in charge of finding a foster family, a proper welfare institutes, or other placement institutes for children and youth for further education.
During the period of placement, authorized municipal agencies and county (city) governments, foster families or institutes will perform and bear the parental and protective responsibilities for under-aged and released children and youth according to the regulation described in Paragraph 1.
When the conditions mentioned in Paragraph 1 have improved, children and youth will be released back to their families, and authorized municipal agencies and county (city) governments will guide and keep track of them for at least one year.
Authorized municipal agencies and county (city) governments enact the conditions and procedures for a foster family, subject to the regulations described in Paragraph 2 and 4 of Article 56, as well as the qualification, permission, supervision, audit and reward of foster families.
Article 63
According to Paragraph 4 of Article 56 or Paragraph 2 of the foregoing Article, authorized municipal agencies and county (city) governments will charge maintenance support. This is for the necessary living expenditures, health care fees, tuition fees, miscellaneous, collection fees and other relevant expenses related to the services offered by the foster family or placement institutes, subject to the placement of children and youth. Authorized municipal agencies and county (city) governments will enact the regulations for the charge.
Article 64
Authorized municipal agencies and county (city) governments will list as protective cases children and youth who suffer from any issue mentioned in Article 49 or each subparagraph of Paragraph 1 of Article 56, or who have witnessed family violence. The related agencies will release family treatment programs for children and youth and if necessary, children and youth welfare institutes or groups will be in charge.
The treatment program will include an assessment of family functionality, children and youth’s safety and placement, parental education, psychological guidance, mental health, drug addiction treatment or assistance and welfare services relating to the protection of children and youth.
Children and youth, parents, guardians or other people looking after children and youth shall cooperate to implement the treatment program.
Article 65
Authorized municipal agencies and county (city) governments will provide a long-term guidance program for children and youth who are unable to return home or whose families are assessed as unfit since they have been placed for more than two years pursuant to the laws.
Children and youth welfare institutes or groups will be in charge of the implementation of the long-term guidance program.
Article 66
Children and youth or their families who are protected, released, interviewed, investigated, assessed, guided, conducted treatment will establish individual case information for regular tracking and assessment.
Any secrecy or privacy acknowledgement and documents made will be kept in secret without losing or opening without reasonable grounds.
Article 67
Authorized municipal agencies and county (city) governments will continuously offer the necessary welfare services for children, youth, and their families in charge of youth protective cases and youth criminal cases according to the Juvenile Proceeding Act.
Children and youth welfare institutes or groups will be in charge of the welfare services.
Article 68
Authorized municipal agencies and county (city) governments will track and guide releases related to the Juvenile Proceeding Act, or completion, termination or exemption of reformatory education, or for referral guidance of children, youth, and their families for at least one year.
Youth welfare institutes or groups will be in charge of the tracking and guidance.
Article 69
Promotional material, publications broadcast, TV, internet or other media will not report or record the names or information of the following children and youth:
1. Those that suffer from behaviours mentioned in Article 49 or each subparagraph of Paragraph 1 of Article 56.
2. Those that use drugs, illegal controlled medicines or other material that is harmful to their mental health.
3. The party or the related party in a case where the legitimacy of a child is questioned, adoption, parental rights, maintenance events or selection, alternation events of custody.
4. The party or victim in criminal cases and youth protective events.
Documents made public by administrative and judicial agencies should not contain information that can lead to the identification of the relevant children and youth, except for the regulation described in Paragraph 3 or specifically stipulated in other laws.
No one included in the two paragraphs will reveal any information to the media or public that can lead to the identification of the children and youth.
When the administrative authority invites the relevant authorities to increase the welfare or maintenance of children and youth, to the public’s advantage, children and youth welfare groups as well as newspaper associations can jointly examine the case and will be free from limitations, according to Paragraph 1 and 2.
Article 70
Authorized municipal agencies and county (city) agencies will be responsible or will entrust welfare institutes, groups for children and youth or other proper professional personnel to interview, investigate and perform the tasks stipulated in this Act if necessary.
When authorized municipal agencies and county (city) agencies, entrusted institutes, groups or professional personnel interview, investigate and perform the tasks, then parents, guardians or other people looking after children and youth, teachers, employers, medical personnel and other relevant personnel will meet the requirements and provide the relevant information. If necessary, authorized municipal agencies and county (city) agencies can ask police, household and registration, finance, education or other relevant agencies or institutes for assistance, all of which shall cooperate.
Authorized agencies may ask relevant institutes, groups, companies or individuals to provide the information required for the handling of various subsidies and support of children and youth, and those who are asked for assistance are obliged to provide such information.
Authorized agencies shall act as good administrators to pay attention to acquired information regulated in the previously mentioned two paragraphs, conduct an information safety audit, and comply with the regulations of Personal Information Protection Act regarding the reservation, disposal and application of such information.
Article 71
Authorized municipal agencies and county (city) governments, welfare institutes for children and youth or other interested parties will report parents or guardians who fail to protect and care for children and youth in serious situation
Article 72
Authorized municipal agencies and county (city) governments will apply to the court for management where there are enough facts to confirm that children and youth’s property rights are being invaded. A social welfare agency or other proper person will act as guardian or be assigned custody, and will assign or reassign trustees to manage whole or partial properties, or order a guardian to establish trust management in favour of children and youth.
Authorized municipal agencies and county (city) governments will preserve children and youth’s property prior to the ascertainment of the judgment.
Authorized municipal agencies and county (city) governments will enact regulations for property management and trust as specified in Paragraph 1.
Article 73
Welfare, educational or reformatory education institutes will cooperate with schools below the level of senior school to implement the transition and return to school educational programs of children and youth who are released to be referral or reformatory for the protection of children and youth’s rights to education. This is related to the Juvenile Proceeding Act and they will cooperate as related to the laws.
The central education authorized agency and the law agency will enact the object, procedure, management of violation and methods for other issues that should be abided by for the transition and back to school programs.
Article 74
The law agency will integrate each agency to provide children and youth in the stage of correction with school guidance, occupational training, employment services or other relevant services and measures subject to their willingness, and assist them to go back to their homes and communities.
Chapter 5 Welfare Institutes:
Article 75
Classification of welfare institutes for children and youth are as follows:
1. Baby care centres
2. Early prevention institutes
3. Placement and education institutes
4. Psychological services or family consultation institutes
5. Other welfare institutes for children and youth
Scale, area, facility, personnel, layout, and affairs are different for the welfare institutes for children and youth as described by the central authority.
Each level authorized agency will encourage and trust the private sector to establish or self-establish welfare institutes for children and youth in the previous Paragraph of this Article; if necessary, public welfare institutes for children and youth will trust the private sector to take charge of the affairs that belong to them.
Guidance and management of baby care centres services that authorized municipal agencies and county (city) governments are in charge of will be self-handled or entrusted to the relevant professional institutes and groups.
Article 76
Afterschool care services for children referred to in Subparagraph 12 of Paragraph 1 of Article 23 means care services offered after school for children in Elementary School.
The elementary school assigned by each educational authority will undertake the afterschool services for children mentioned in the previous paragraph in the afterschool care classes; or township (town, city, and district) halls, private sectors and groups will apply for the establishment of afterschool care services centres for children.
The central authorized agency will enact the application, establishment, the charges, use of fees, charging standards, management, facility, reorganization, personnel qualification, report on incompetent personnel, collection and search of information, and other methods that should be abided by afterschool care classes and school care services centres for children. The central authorized agency will enact the application, establishment, the charges, use of fees, charging standards, management, facility, reorganization, personnel qualification, report on incompetent personnel, collection and search of information, and other methods that should be abided by afterschool care classes and school care services centres for children.
Authorized municipal agencies and county (city) agencies will convene examination meetings for afterschool care classes or centres. Directors of agencies or assigned representatives will be conveners, and the meetings will include educational scholars and experts, representatives of family groups, representatives of women groups, representatives of public welfare educator groups, representatives of labor groups, and representatives of children and youth welfare group, etc.
Article 77
Baby care centres will offer group insurance policies for baby care.
Authorized agencies in municipal, county (city) governments will describe the group insurance with range, amount, and payment term, duration, paying standard, responsibility and obligation, way of processing and other methods.
Article 78
Professional personnel will be selected to undertake the necessary affairs referred to children and youth welfare institutes.
The central authority will describe methods on the classification, qualifications, training, and courses for professional personnel.
Article 79
The establishment license as described in Paragraph 1 of this Act will be exempt of fees.
Article 80
The educational authorities of municipal, county (city) government will set up social workers or guidance specialists to implement the relevant affairs of Paragraph 1 of this Act.
The central educational agency will describe the qualification, placement, and implementation.
Article 81
People meeting one of the following conditions mentioned below will not serve as responsible people or employees of welfare institutes, afterschool care classes and centres for children and youth:
1. People who have committed offenses against sexual autonomy and sexual harassment and have been punished with deferred prosecution or convicted. However, people aged below 18 and convicts breaking Article 227 of Criminal Code are not restricted by the Article.
2. People who have done one of the behaviors described in each paragraph of Article 49 and have been verified by relevant authorities.
3. More than two relevant psychiatrists assigned by authorized agencies have confirmed a psychiatric disease or mental disorder and inability to execute duties.
The authorized agency or educational authority will verify whether responsible people of welfare institutes of children and youth or afterschool care classes and centres are involved, as described in Paragraph 1; workers will be automatically verified before employment at welfare institutes of children and youth or afterschool care classes and centres for children.
Welfare institutes of children and youth or after school care classes and centres for children will 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.
Article 82
Private sectors or groups in charge of welfare institutes for children and youth can only apply for an establishment license to local authorized agency; any outside fundraising or tax exemption for the institutes will register itself as incorporated foundation within six months from the date of permission of establishment.
The institutes can apply for extension once in the case of failure of registration of incorporated foundation if reasonable cause can be established and accepted. The extension will not exceed three months; the original permit will be invalid for the remainder.
Regulations on the permit/approval include the requirements, procedures, review periods, permit/approval cancellations, abolishment, supervision, management, suspension, shut down or renewal, etc. as described by the central authority.
Article 83
The below matters is not allowed in welfare institutes or after school care classes and centres:
1. Maltreatment or danger to the mental health of children and youth.
2. Provide insanitary meals that are not verified by the health authority.
3. Provide unsafe facilities or equipment that is not verified by the relevant authority.
4. Maltreatment of children and youth is discovered, but not reported to authorized municipal agencies and county (city) government.
5. Violate the laws and regulations of donations.
6. Operation policy is not in accordance with the purpose of the establishment.
7. Failure to acquire legal vouchers of financial revenue and expenditure, conduct public hearings for donations or keep a complete accounting record.
8. Avoid, interfere, or refuse being guided, inspected and supervised by authorized agencies or authorities.
9. False report on tasks.
10. Failure to apply for expansion, movement, closure, suspension, and renewal as described by the regulations.
11. Other matters that will influence the mental health of the children and youth.
Article 84
Welfare institutes for children and youth may not conduct improper propaganda for its business; any request for donations will be done in public and can only be used in the establishment, for the purposed of the establishment.
Authorized agencies will conduct guidance, supervision, examination, incentive, and regular appraisal on welfare institutes for children and youth, and announce their reports and results of appraisal.
The authorized agency will describe the methods for appraisal object, item, and approach as well as incentive model.
Article 85
In the case of the termination, closure, suspension, dismissal, cancelled license, or abolishment of the children and youth welfare institute, the children and youth must be given shelter; in case of improper placement, a licensing agency will assist with placement and the institute is requested to cooperate.
Chapter 6 Penalty:
Article 86
A person conducting delivery that violates the regulations described in Paragraph 1 of Article 14 will be fined a sum of no less than NT$6, 000 and no more than NT$30,000 by the health authority.
Article 87
The authorized agency will fine the person who violates the regulations described in Paragraph 1 of Article 15 (to conduct an adoption matching services without permission) a sum of no less than NT$ 60,000 and no more than NT$ 300,000 and announce its name or title.
Article 88
An adoption matching services agency that violates the methods relating to examination and management, closure, suspension and renewal of relevant affairs described in Paragraph 4 of Article 15 will be informed to improve in a certain period by licensing agency. If they do not improve before the expiration of the period, the services agency will be fined a sum of no less than NT$ 30,000 and no more than NT$ 150,000. They will be fined per violation; if it is a serious violation, the services agency will be ordered to suspend for a period of no less than one month and no more than one year, and the title or name will be announced.
In case of suspension, the services agency that disobeys or fails to improve before expiry will have their license abolished by the licensing agency.
Article 89
Anyone who violates the regulation described in Paragraph 3 of Article 21, Paragraph 5 of Article 53, Paragraph 2 of Article 66 or Paragraph 3 of Article 69 without any reasonable ground will be fined a sum of no less than NT$ 20,000 and no more than NT$ 100,000.
Article 90
Anyone who violates the regulation described in Paragraph 1 of Article 26 regarding the registration of family childcare services will be fined a sum of no less than NT$ 6,000 and no more than NT$ 30,000 and will be ordered to improve in a certain period. Those who fail to improve before expiry will be fined a sum of no less than NT$ 6,000 and no more than NT$ 30,000 and will be ordered to transfer children under their childcare services within a month. Those who are not capable of transferring children will be assisted by authorized municipal and county (city) agencies.
During the improvement before expiry, authorized municipal and county (city) agencies shall inform parents, assist family childcare service agencies in transferring children according parents’ inclinations, and intensify visits and guidance.
Those who fail to conform to the order of transfer described in Paragraph 1 will be fined a sum of no less than NT$ 6,000 and no more than NT$ 30,000, and authorized municipal and county (city) agencies shall forcibly transfer the children under their childcare services.
During the improvement before the expiry described in Paragraph 1, family childcare service agencies shall not accept additional children. Those who violate the regulation will be fined a sum of no less than NT$ 6,000 and no more than NT$ 30,000 per violation; authorized municipal and county (city) agencies shall forcibly transfer the children under their childcare services.
Those who violate the regulation described in Paragraph 4 of Article 26 or those who fail to improve before expiry according to regulations described in Paragraph 5 regarding the results of number of children accepted under childcare services, registration, or assistance will be fined a sum of no less than NT$ 6,000 and no more than NT$ 30,000 per violation; if there is any serious violation or no improvement after three penalties will have their registration abolished.
Those whose registration is abolished according to the regulations described in the previously mentioned paragraph shall not register as a family childcare service agency within one year from the day of abolishment.
Those who violate the regulation described in Paragraph 3 of Article 26-1 and fail to terminate the services ordered by authorized municipal and county (city) agencies will be fined a sum of no less than NT$ 60,000 and no more than NT$ 300,000, and their names will be announced publicly.
Article 90-1
If violators of the regulations described in Paragraph 2 of Article 29 meet one of the following conditions, their principals of public/private schools or responsible people of short-term cram schools or afterschool care centers for children will be fined by educational authorities a sum of no less than NT$ 6,000 and no more than NT$ 30,000. They will also be ordered to improve in a certain period. The fine will be charged per violation in case of failure to improve before expiry.
1. Carry students by unauthorized or checked vehicles.
2. The number of students carried exceeds the authorized number of people specified in driving licenses.
3. Carry students without conforming to the regulation of transport vehicles.
4. Not enough attendants are placed to take care of students in accordance with the requirement.
The violators against the applicable scope and specific age regulated in Paragraph 3 and Paragraph 4 of Article 33 will be fined by each competent authority a sum of no less than NT$ 6,000 and no more than NT$ 30,000. They will also be ordered to improve in a certain period. The fine will be charged per violation in case of failure to improve before expiry.
Article 90-2
Violators of Paragraph 1 of Article 33 will be ordered to improve within a certain period by the municipal or county (city) transportation competent authority. In case of failure to improve before the deadline, a fine will be charged against the owner or person in charge of the organization per violation a sum of no less than NT$10,000 and no more than NT$50,000.
The owner or person in charge of the organization who violates Subparagraph 2, Paragraph 2 of Article 33, and does not improve, proposes no alternative improvement plan, or fails to complete the improvement made according to the approved improvement plan before the due date, will be fined a sum of no less than NT$ 10,000 and no more than NT$ 50,000 and ordered to improve within a certain period by the municipal or county (city) construction competent authority. In case of failure to improve before the due date, the fine will be charged per violation.
Paragraph 1 will come into force three years from the date of promulgation, November 27, 2015, and the preceding paragraph will come into force five years from the date of promulgation, November 27, 2015.
Article 91
Parents, guardians or other people looking after children and youth who seriously violate the regulations described in Paragraph 2 of Article 43 will be fined a sum of no less than NT$ 10,000 and no more than NT$ 50,000.
Anyone who provides children and youth with alcohol, or betel nuts will be fined a sum of no less than NT$ 10,000 and no more than NT$ 50,000.
Anyone who provides children and youth with drugs, illegal or controlled medicine or other material that might harm their mental health will be fined a sum of no less than NT$ 60,000 and no more than NT$ 300,000.
Anyone who provide children and youth with publications, photos, video program tapes, films, CDS, electronic signals, gaming software or other articles relating to violence, blood, sex or obscenity will be fined a sum of no less than NT$ 20,000 and no more than NT$ 100,000.
Except for violations of regulations regarding newspapers, which shall be handled according to Article 45 and Article 93, those who violate the regulations described in Paragraph 4 of Article 43 will be fined a sum of no less than NT$ 50,000 and no more than NT$ 250,000, and will be asked to improve by a certain date and their names or titles will be announced publicly; the fine will be charged per violation in case of failure to improve before expiry. Authorized agencies may ask relevant agencies to suspend for no less than one month and no more than one year the business of those who seriously violate the regulations.
Article 92
If publications, video tapes, gaming software, and other articles, excluding newspapers, that the authorized agency has confirmed will have an impact on the mental health of children and youth and should be classified, under any of the following conditions, the rating management obligator will be fined a sum of no less than NT$ 50,000 and no more than NT$ 250,000 and be ordered to improve in a certain time period. The fine will be charged per violation in case of failure to improve before the expiry date.
1. Violation of regulation described in Paragraph 1 of Article 44 and no rating.
2. Violation of regulation relating to classification of the contents described in Paragraph 3 of Article 44.
A person in charge of rating management who violates the regulation related to the marking described in Paragraph 3 of Article 44 will be fined a sum of no less than NT$ 30,000 and no more than NT$ 150,000 and be ordered to improve in a certain period. The fine will be charged per violation in case of failure to improve before expiry.
Those who violate the regulations described in Paragraph 2 of Article 44 will be fined a sum of no less than NT$ 10,000 and no more than NT$ 50,000, and will be asked to improve by a certain date and their names or titles will be announced publicly; the fine will be charged per violation in case of failure to improve before expiry.
Article 93
A newspaper industry that fails to perform disposal according to Paragraph 3 of Article 45 will be fined a sum of no less than NT$ 30,000 and no more than NT$ 150,000 and be ordered to perform the regulation accordingly. The fine will be charged per violation in case of failure to improve before expiry. The process will be the same as the regulation described in Paragraph 4 of Article 45 confirmed by the authorized agency.
Article 94
An internet platform that violates the regulations described in Paragraph 3 of Article 46 without setting up measures to limit children and youth’s receiving and reviewing or removing of relevant information in advance will be fined by each competent authority a sum of no less than NT$ 60,000 and no more than NT$ 300,000. They will also be ordered to improve in a certain period. The fine will be charged per violation in case of failure to improve before expiry.
Article 95
Parents, guardians or other people looking after children and youth who violate the regulations described in Paragraph 2 of Article 47 will be fined a sum of no less than NT$ 10,000 and no more than NT$ 50,000.
Responsible people and employees in the operational site that violate the regulations described in Paragraph 3 of Article 47 will be fined a sum of no less than NT$ 20,000 and no more than NT$ 100,000 and the name of the responsible person will be announced.
Article 96
Parents, guardians or other people looking after children and youth who violate the regulations described in Paragraph 1 of Article 48 will be fined a sum of no less than NT$ 20,000 and no more than NT$ 100,000 and their names will be announced.
Any violation of the regulations described in Paragraph 2 of Article 48 will be fined a sum of no less than NT$ 60,000 and no more than NT$ 300,000. The names of the offender and responsible person for the operational site will be announced and they will be ordered to improve. The authorized agency will forward the serious ones with no improvements before expiry to the agency to order the closure of the site, others will be ordered to suspend the operations for no less than one month and no more than one year.
Article 97
Anyone who violates one of the regulations described in each paragraph of Article 49 will be fined a sum of no less than NT$ 60,000 and no more than NT$ 300,000 and their names or titles will be announced.
Article 98
Anyone who violates the regulations prescribed in Paragraph 2 of Article 50 shall be fined a sum of no less than NT$ 10,000 and no more thann NT$ 50,000.
Article 99
Parents, guardians or other people looking after children and youth who violate the regulations described in Article 51 will be fined a sum of no less than NT$ 3,000 and no more than NT$ 15,000.
Article 100
Medical personnel, social workers, educational personnel, day care personnel, preschool educators, police, judicial personnel, immigrant personnel, personnel of household registration, administrators of villages (community) or other conductors implementing children and youth welfare who violate the regulations described in Paragraph 1 of Article 53 without reasonable grounds will be fined a sum of no less than NT$ 6,000 and no more than NT$ 30,000.
Article 101
(Deletion)
Article 102
Parents, guardians or other people looking after children and youth who meet one of the following conditions will be ordered by the authorized agencies to accept guidance of parental education for no less than four hours and no more than fifty hours.
1. Those who fail to prohibit children and youth from behavior described in Subparagraph 2, Paragraph 1 of Article 43.
2. Those who violate the regulations described in Paragraph 2 of Article 47.
3. Those who violate the regulations described in Paragraph 1 of Article 48.
4. Those who violate the regulations described in each paragraph of Article 49.
5. Those who violate the regulations described in Article 51.
6. Those who allow children and youth the behavior described in each subparagraph of Paragraph 1 of Article 56.
Parents, guardians, or other people looking after children and youth who accept guidance of parental education according to the previously mentioned paragraph and fail to attend as scheduled can apply for a delay on reasonable grounds.
Anyone who refuses to accept guidance, parental education or the required hours of completion will be fined a sum of no less than NT$ 3,000 and no more than NT$ 30,000; the fine will be charged per violation against refusal after re-informing until it has been accepted.
Those who complete the guidance and parental education will be exempted from the fine described in Paragraph 1 of Article 91, Paragraph 1 of Article 95, Paragraph 1 of Article 96, Article 97 and Article 99.
Article 103
Broadcasting and television businesses that violate the regulations described in Paragraph 1 of Article 69 will be fined by the competent authority a sum of no less than NT$ 30,000 and no more than NT$ 150,000, and will be ordered to improve before a certain date; the fine will be charged per violation in case of failure to improve before expiry.
People responsible for promotional material, publications, internet or other media that violate the regulations described in Paragraph 1 of Article 69 will be fined by the competent authority a sum of no less than NT$ 30,000 and no more than NT$ 150,000. Articles described in Paragraph 1 of Article 69 will be confiscated and the contents will be ordered to be removed, taken off the shelf or other necessary disposal. The fine will be charged per violation in breach of performance before expiry until it has been performed.
However, in the case of closure as referred to in Paragraph 4 of Article 69, no fine will be charged regarding previously mentioned two paragraphs.
Where there is no responsible person for the promotional material, publications, internet or other media or the responsible person is not obligated to supervise the offender’s behaviour, the fine referred to in Paragraph 2 will be charged to the offender.
Before the revision of the Act on 04/02/2015, people responsible for promotional material, publications, broadcast, television, internet or other medias that violate the regulations described in Paragraph 1 of Article 69 will be fined according to the regulation described in Paragraph 1 before revision. Where there is no responsible person for the promotional material, publications, broadcast, television, internet or other media or the responsible person is not obligated to supervise the offender’s behaviour, the fine will be charged to the offender.
Article 104
Parents, guardians or other people looking after children and youth, teachers, employers, medical personnel or other relevant people who violate the regulations described in Paragraph 2 of Article 70 without reasonable grounds will be fined a sum of no less than NT$ 6,000 and no more than NT$ 30,000. The fine will be charged per violation until there are no more violations or the requested information has been provided.
Article 105
Any establishment, welfare institutes for children and youth, after school care services classes and centres in breach of the regulations described in Article 76 or the first part of Paragraph 1 of Article 82, will be fined by the local authorized agency or education agency a sum of no less than NT$ 60,000 and no more than NT$ 300,000. Their names or titles will be announced and they will be ordered to improve in a certain period.
During the period of improvement, any additional care and placement of children and youth is not allowed, or the responsible person will be fined a sum of no less than NT$ 60,000 and no more than NT$ 300,000, charged per violation.
A responsible person who is ordered to improve with an expiry date described in Paragraph 1 but fails to improve before then will be fined a sum of no less than NT$ 100,000 and no more than NT$ 500,000. He/she will be sent for referral and re-placement of the children and youth under his/her care within a month. The local authorized agency will assist the responsible person with what is not available, and the responsible person will cooperate accordingly. Anyone who is unwilling to cooperate will be forced to implement the order and fined a sum of no less than NT$ 60,000 and no more than NT$ 300,000.
Article 106
Welfare institutes for children and youth that violate the regulations of the last part of Paragraph 1 of Article 82 will have their outside fundraising terminated by the licensing agency. If they disobey, the fine will be charged per violation, a sum of no less than NT$ 60,000 and no more than NT$ 300,000 and the name will be announced. Termination will be for no less than one month and no more than one year for serious violations.
Article 107
Welfare institutes for children and youth or after school care classes and centres that violate one of the regulations from Paragraph 1 to 4 of Article 83 will be fined a sum of no less than NT$ 60,000 and no more than NT$ 300,000 and ordered to improve. In case of failure to improve before expiry, the fine will be charged per violation; termination will be for no less than one month and no more than one year for serious violations, and violator’s title will be announced.
Welfare institutes for children and youth or after school care classes and centres without approval will be ordered to improve within a certain period by the local authorized agency or education agency related to Paragraph 1 of Article 105. During the period of improvement, the local authorized agency or education agency will be in charge of any situation relating to any one of the regulations described in Paragraph 1 to 4 of Article 83.
Article 108
Welfare institutes for children and youth or after school care, classes and centres that violate one of the regulations from Paragraph 5 to 11 of Article 83 will be ordered by the licensing agency for improvement in a certain period. In case of failure to improve before expiry, they will be charged a sum per violation of no less than NT$ 30,000 and no more than NT$ 150,000; termination will be for no less than one month and no more than one year for serious violations, and violator’s title will be announced.
The licensing agency will abolish the license of anyone who refuses to obey the termination referred to in the two Articles and paragraphs or fails to improve before the expiry of termination.
Article 109
Welfare institutes for children and youth that violate the regulations described in Article 85 and fail to meet the placement offered by the licensing agency will be fined a sum of no less than NT$ 60,000 and no more than NT$ 300,000 and ordered for enforcement.
Chapter 7 Supplementary:
Article 110
Protective measures of urgent placement for anyone aged over 18 and below 20 will be subject to the relevant regulations in this Act.
Article 111
Children and youth aged 18 who are committed to placement by authorized municipal agencies and county (city) governments and that have been assessed as not able to return home or live independently will be continuously placed until they are twenty years old; those who study in colleges will be placed until graduation.
Article 112
The adult who abet, assist or use children and youth to commit crimes, jointly engage in crimes, or purposely add offenses against the person will experience sharp penalties until 1/2. However, special regulations will apply to the victims of each crime.
The authorized agency will independently file lawsuits against children and youth offenders.
Article 113
When anyone receives a subsidy and incentive for fraud, the authorized agency will revoke the original disposition and order it returned in writing within a certain period, and refer it to enforcement before expiry. If it involves criminal responsibility, the person will be referred to a judicial agency for handling.
Article 114
In the case of a maintenance support obligator that fail to pay the relevant charges related to this Act, the authorized agency will pay the charge from children and youth welfare funds for the necessary protection of children and youth.
Article 115
The establishment of the regulations for children welfare institutes and youth welfare institutes that were registered before implementation of this amended Act does not conform to this Act. The central authorized will improve its authorized methods during the stipulated and announced period; the regulations of this Act will serve as a basis in case of failure to improve before expiry.
Article 116
After-school childcare centres registered before implementation of this Act will apply for reorganization of after-school childcare classes and centres to education agencies within two years from the date of implementation of this Act. The establishment permit will be abolished as well and invalid for a registration certificate if they fail to apply before expiry.
The after-school childcare centres registered before implementation will be managed by the original authorized agency related to the laws before amendment within two years from the date of implementation of this Act.
Nurseries of childcare institutes that have not yet reorganized to kindergartens related to the regulations of preschool education and care will be managed by authorized agencies according to the laws before amendment.
Article 117
The central authorized agency will enact the Enforcement Rules for this Act.
Article 118
Except for Articles 15 to 17, 29, 76, 87, 88 and 116 of this revised Act, which will come into force six months from the date of promulgation on November 30, 2011, the provision of Articles 25, 26 and 90 will come into force three years from the date of promulgation.