Interim Measures for the Management of Abandoned Infants in Gansu Province
Chapter I General Provisions
Article 1? In order to further implement the people-oriented philosophy of governance and the principle of giving priority to children, to further standardize the province's rescue management of abandoned babies, to protect the legitimate rights and interests of abandoned babies, according to the Ministry of Civil Affairs and other seven ministries and commissions jointly issued the "Notice on Further Improving the Relevant Work on Abandoned Babies" and the spirit of the relevant laws and regulations and policies, combined with the actual situation of the province, the formulation of these measures.
Article II? Abandoned infants referred to in these measures refers to citizens, units or social organizations in the province's administrative areas found or picked up by the public security departments to confirm the abandoned minor infants and young children (hereinafter referred to as abandoned infants).
The province's administrative area of the picking up of abandoned babies, rescue, care and find abandoned people and the supervision and management of related work, shall apply to these measures.
Article 3? Abandoned babies rescue implementation of local jurisdiction, section guardianship, rapid pick-up, timely relief, find the abandoned person and send the combination of rescue, specialized rescue and social assistance and "first rescue, after the settlement" principle.
Article 4? Abandoned baby rescue and management of the implementation of the government's unified leadership, departmental division of responsibility, responsibility for the implementation of the work of the system. Each city (state) civil affairs departments to lead the local abandoned baby rescue management.
County (cities and districts) civil affairs departments are responsible for the management of abandoned children's assistance in their administrative areas, and accept the guidance, coordination and supervision of higher-level civil affairs departments.
The township and township people's governments and street offices are responsible for the management of the rescue of abandoned infants within their own jurisdictions, and are subject to the guidance, coordination, and supervision of the civil affairs departments of the counties and districts in which they operate.
Administrative departments at all levels, such as development and reform, public security, justice, finance, health, population commission, religious bureaus and other administrative departments, in accordance with their respective responsibilities and powers, to cooperate in the rescue and management of abandoned babies.
Article 5? To make outstanding contributions and remarkable achievements in the abandoned child rescue management of administrative departments, enterprises and institutions, social organizations and individuals, by the local civil affairs departments or report to the people's government at the same level to give recognition and reward.
Chapter II pick up and rescue
Article 6? Any unit or individual found abandoned babies, the first time to the jurisdiction of the community residents' committee or villagers' committee to inform the local public security organs in a timely manner in accordance with the law. The picker or any other unit or individual shall not adopt the abandoned baby by himself or give it to others for adoption without authorization.
Article 7? Reported to the public security organs shall promptly pick up the abandoned baby transferred to the local health department designated treatment hospital for observation, medical examination and treatment. And promptly issue a certificate of picking up, report the case and other related materials.
The designated treatment hospitals should set up a special observation room for the treatment of abandoned babies in their hospitals, and carry out comprehensive physical examinations of abandoned babies, screening for infectious diseases, collection of DNA information, medical treatment, and do a good job of registering and accepting the admission and other formalities, and the time of admission for observation shall not be less than three days, and the observation period is over, and there is no obvious illness of abandoned babies, and the abandoned babies whose conditions are stabilized by the rescue treatment are temporarily in charge of contacting with children's welfare homes by hospitals and there is no children's welfare homes with the local civil affairs departments. Children's welfare institutions to contact the local civil affairs department, the abandoned baby will be transferred to the welfare institutions to raise, and at the same time notify the transfer of the public security department.
Found dead abandoned babies, the police police should directly contact the funeral parlor, and issued relevant certificates and other materials, the funeral parlor should be received in accordance with the provisions of the treatment.
Article VIII? Cities (states), counties (districts) health departments shall designate two to three public hospitals with strong medical technology and equipment in the administrative region, as the designated hospitals for the rescue and treatment of abandoned babies, the provincial health department to determine two hospitals for abandoned babies designated hospitals for referral, and to clarify their duties, obligations and rescue costs to bear the way. Determination of designated hospitals by the local health department to inform the same level of public security and civil affairs departments.
Article 9? Abandoned babies rescue hospitals receive abandoned babies, shall promptly organize medical personnel to carry out health checks and records; with diseases and timely treatment and the establishment of a detailed medical records, medical examination report card and medical diagnostic certificates issued after recovery; with disabilities, commissioned by the Federation of Disabled Persons to issue certificates of disability.
Article 10? Abandoned baby's treatment costs, hospitalization costs and living expenses during hospitalization, in accordance with the following provisions and procedures to be resolved:
(a) first by the rescue hospital advances, and make the abandoned baby rescue or hospitalization funds advances detailed account statement.
(2) by the public security organs to investigate and find the abandonment of the person, by the abandonment of the person to bear the abandoned baby medical and other costs; the family is really difficult, in the cooperative medical reimbursement, by the civil medical assistance funds to solve.
(3) by the public security organs did not find the abandoned person, the medical expenses incurred in the hospital treatment of abandoned babies, in accordance with the principle of territorial management, by the local government finances, there are difficulties, from the urban residents of medical insurance, the new type of rural cooperative medical care and medical assistance funds to solve the problem, according to the six-month or one year in a timely manner to settle the bill with the hospital. Abandoned baby adoption agency or adopter to timely for the abandoned baby for insurance participation in the relevant procedures.
Encourage and advocate social organizations and individuals love donations.
Hospitals shall not make profits from the treatment of abandoned babies.
Chapter III abandoned people to find and deal with
Article 11? The search for abandoned persons shall be the responsibility of the public security department, with the cooperation of the departments of health, civil affairs, population and religion, and the people's governments of townships and townships and street offices.
Public security police stations shall promptly locate abandoners after receiving reports of abandoned babies. The higher authorities of the police station should coordinate the work of searching for the abandoned person, increase the search efforts, and, if necessary, can be referred to the relevant regional public security departments to help find.
The people's governments of townships and townships and street offices shall organize the people under their jurisdiction and the units concerned to actively cooperate with the public security departments in the search for abandoned persons.
Article 12? The public security departments shall criticize and educate the found abandoners, and order them to retrieve the abandoned babies and sincerely repent; if they refuse to retrieve the abandoned babies or if the abandonment is serious, they shall submit them to the judicial organs for investigation of criminal responsibility according to law.
Chapter IV Settlement of Abandoned Infants
Article 13? Abandoned infants from the date of picking up, transferred to which unit, the unit is the temporary guardianship of abandoned infants responsible for the fulfillment of the care of abandoned infants.
For abandoned infants who cannot be found after being reported by the picker, the public security department shall transfer the materials of the report and the identification of the picker and the relevant investigation and evidence collection materials, etc., along with the abandoned infants to the designated hospitals or children's welfare institutions.
Article 14? Abandoned infants are mainly adopted by children's welfare institutions, can also be adopted by citizens who meet the conditions for adoption, but all should be in accordance with the law to complete the adoption procedures.
Counties (districts) have not built children's welfare institutions, should be centralized adoption of abandoned babies sent to the municipal children's welfare institutions for adoption, the county (city, district) people's government shall bear the cost of the journey.
Local and foreign citizens who voluntarily adopt abandoned babies, in accordance with the Adoption Law by the civil affairs department for adoption registration procedures.
Article 15? The household registration procedures for abandoned infants shall be handled in accordance with the following provisions:
(1) In the case of adoption by a children's welfare organization, the children's welfare organization shall apply to the public security department for processing in accordance with the prescribed procedures.
(2) In the case of adoption by citizens in accordance with the law, the adopter shall apply to the public security department for household registration procedures in accordance with the prescribed procedures.
The public security department shall promptly approve the processing of the household registration of abandoned children.
Article 16? The people's governments of the cities (states) and counties (districts) shall ensure that the basic living expenses, medical expenses and educational expenses of abandoned infants adopted by children's welfare institutions; and gradually establish a mechanism for natural growth in conjunction with the actual economic and social development of the localities, and the standard of their protection shall not be lower than the standard of the basic cost of living for orphans in our province.
Chapter V departmental responsibilities
Article 17? Prohibit any act of abandonment, discrimination, abuse of abandoned children.
The public security departments shall strengthen the protection of abandoned babies, promptly investigate and deal with acts of abandonment, discrimination and abuse of abandoned babies, and deal with the relevant responsible persons in accordance with the law; for the seriousness of the situation constituting a crime, submit to the judicial organs for the investigation of criminal responsibility in accordance with the law; and collect, collate, and issue the relevant materials of the abandoned babies, and handle the household registration and other relevant procedures in a timely manner.
Article 18? Civil affairs departments shall strengthen the guidance, coordination, supervision of abandoned baby rescue work and the management of children's welfare institutions to understand the care of abandoned babies. In the community to carry out publicity about the work related to the rescue and management of abandoned infants, so that the public understand the measures for disposal of abandoned infants after discovery, and cooperate with the public security departments to investigate and deal with violations of the rights and interests of abandoned infants in accordance with the law, so as to effectively safeguard the basic rights and interests of abandoned infants.
Article 19? The health and family planning departments shall increase pre-pregnancy reproductive health examinations for women of childbearing age, and improve the rate of eugenics.
To guide health care institutions to defective, disabled sick newborns to do a good job of registration and filing work, and timely to the public security organs to provide the required abandoned infants with disabilities and illnesses, physical characteristics, as well as family situation, contact information and other clues to help the public security organs to carry out the work of investigating and dealing with the behavior of the abandoned infants. To strengthen the guidance of health care institutions, to identify hospitals with better conditions as medical institutions for the rescue and medical examination of abandoned babies, and to clarify the method of settlement of expenses, and to do a good job in the medical rescue and treatment of abandoned babies.
Article 20? The development and reform departments shall, in accordance with the needs of the development of children's welfare undertakings, promote the construction of facilities for children's welfare organizations.
Article 21? The judicial and administrative departments shall, through various forms of legal propaganda activities, intensify their efforts to publicize the protection of the rights and interests of abandoned infants and the laws and regulations relating to combating abandonment of infants in accordance with the law, and instruct notary publics to notarize adoptions in accordance with the law.
Article 22? Religious affairs departments to cooperate with the relevant departments to guide and regulate the religious community to take in abandoned babies related work.
Article 23? Children's welfare institutions to strengthen internal management, establish and improve the management system and job responsibility system, standardize work procedures, improve the level of service, and constantly improve the living conditions of abandoned babies, to safeguard the survival of abandoned babies and the rights and interests of the protected.
Article 24? In order to avoid infants in the abandoned, its physical and mental again by the adverse environment and other injuries, so that they can get timely treatment and assistance, the conditions of the city (state) in the relatively concentrated population areas or children's welfare institutions set up outside the door of the baby safety island and other huts suitable for the characteristics of infants, welfare institutions in the safety island found abandoned babies, to contact the public security and other departments in a timely manner, timely treatment, proper placement.
Chapter VI Supplementary Provisions
Article 25? These measures shall come into force on January 1, 2014, and shall be valid for five years. Localities can introduce implementation rules in conjunction with local practice.