Chapter 1? General Provisions
Article 1? In order to strengthen the management of children's welfare institutions, safeguard the legitimate rights and interests of children, in accordance with the General Principles of the People's Republic of China *** and National Law, the People's Republic of China *** and the State Law on the Protection of Minors and other relevant laws and regulations, formulate the present measures.
Article 2 The children's welfare institutions referred to in these Measures refer to institutions established by the civil affairs departments that mainly take in and raise children under 18 years of age for whom the civil affairs departments act as guardians.
Children's welfare institutions include children's welfare centers registered under the legal entity registration of institutions, and social welfare institutions with children's departments.
Article 3 The civil affairs department of the State Council is responsible for guiding and supervising the management of children's welfare institutions nationwide.
Departments of civil affairs of local people's governments at or above the county level are responsible for the management of children's welfare institutions in their own administrative areas, and supervise and inspect children's welfare institutions in accordance with the relevant laws and regulations and the provisions of these Measures.
Article 4 Children's welfare institutions shall adhere to the maximization of the interests of children, in accordance with the law to protect children's right to survival, development, protection, participation and other rights, and constantly improve the children's living, medical care, rehabilitation and education.
Child welfare institutions and their staff shall not discriminate against, humiliate or abuse children.
Article 5 The construction of children's welfare institutions shall be incorporated into the national economic and social development plans of the local people's governments at or above the county level, and the level of construction shall be commensurate with local economic and social development.
Article 6 The funds required for children's welfare organizations shall be guaranteed by the financial departments of the local people's governments at or above the county level in accordance with the regulations.
Article 7 Natural persons, legal persons or other organizations are encouraged to participate in services related to children's welfare institutions through donations, the establishment of public welfare and charitable projects, and the provision of voluntary services.
Article 8 Units and individuals who have made outstanding achievements in the services and management of children's welfare institutions shall be recognized and rewarded in accordance with the relevant state regulations.
Chapter 2? Objects of Service
Article 9 Children's welfare institutions shall take in and raise the following children:
(1) Children whose parents or other guardians cannot be identified;
(2) Children whose parents are dead or declared missing and who have no other person qualified for guardianship in accordance with the law;
(c) Children whose parents are incapable of guardianship and who have no other person qualified for guardianship in accordance with the law;
(d) Children whose parents have been appointed by the people's court to be guardians by the civil affairs department;
(e) Other children for whom civil affairs departments should be appointed as guardians as stipulated by law.
Article 10 Where a child welfare organization takes in and raises a child as stipulated in Article 9(1) of these Measures, it shall register and keep the following materials, depending on the circumstances:
(1) If the child is an abandoned child whose parent(s) or other guardian(s) cannot be identified, it shall register and keep a found report from the public security organ confirming that the parent(s) or other guardian(s) cannot be identified through the relevant procedures. Other guardians of the public security organs issued by the relevant procedures to confirm that they can not find parents or other guardians to pick up the report certificate, the children's welfare agencies issued by the announcement of the search for relatives, the civil affairs departments to accept the views of other materials.
(2) In the case of children rescued from abduction whose parents or other guardians cannot be identified, the notification of temporary care for children rescued from abduction issued by the public security authorities, the results of DNA information matching, the certificate of temporary failure to locate their biological parents or other guardians, the family tracing bulletin issued by the child welfare organization, the opinion on acceptance of the child by the civil affairs department, as well as other child-related materials shall be kept in the registry.
(3) In the case of vagrant and begging children whose parents or other guardians cannot be identified for more than three months, the results of DNA information matching issued by the public security organs, the family tracing announcements issued by the minors' rescue and protection organizations, the acceptance opinions of the civil affairs departments, and other materials related to the children are registered and kept.
Article 11 Where a child welfare organization takes in and raises a child as provided for in Article 9(2) of these Measures, it shall register and keep a certificate of death of the child's parents or a judgment of pronouncement of death, pronouncement of disappearance, and a report on the situation of the child's parents who do not have any other person with guardianship qualifications in accordance with the law, as submitted by the people's government of the township or township where the child's household registration is located (the street office). Civil affairs departments to receive the opinion and other materials.
Article 12 Children's welfare institutions to take in and raise the children stipulated in Article 9 (3) of these Measures, shall be registered and kept in the township people's government of the place of the child's domicile (street office) submitted by the parents do not have the ability to guardianship of the situation report, there is no other legally qualified guardianship of the situation report, the civil affairs department to accept the views of the other materials.
The child's parents shall be registered and kept.
If one of the parents is dead or missing, the death certificate of the dead or missing parent or the judgment of death or disappearance shall also be registered and kept.
Article 13 Children's welfare institutions to take in and raise the children stipulated in Article 9 (4) of these Measures, shall register and keep the people's court's effective judgment, the civil affairs department acceptance opinion and other materials.
Article 14 Children's welfare organizations can accept the minors rescue and protection agencies entrusted to take in and raise children for whom the civil affairs department has assumed temporary guardianship. The children's welfare organization shall sign a commissioning agreement with the minors' rescue and protection agency.
Children's welfare institutions shall accept special hardship cases under the age of 16 who are in need of centralized support.
Chapter 3? Services
Article 15 Upon accepting a child, a child welfare institution shall promptly send the child to a medical institution for a physical examination and a checkup for infectious diseases. Where it is indeed impossible to send the child to a medical institution, the child shall first be placed in isolation.
Article 16 Where a child welfare organization receives and raises a child as stipulated in Article 9(1) of these Measures, it shall preserve the articles that the child carries with him or her that can identify him or her or that have commemorative value.
Article 17 Children's welfare organizations that take in and raise the children provided for in Article 9 of these Measures shall promptly apply to the local public security organs for registration of their household registration.
Article 18 Children's welfare institutions shall, in accordance with the "Basic Norms for Children's Welfare Institutions" and other national and industrial standards, provide services such as daily life care, basic medical care and basic rehabilitation, and safeguard children's right to education in accordance with the law.
Article 19 Children's welfare institutions shall set up living rooms, activity rooms, medical rooms, isolation rooms, rehabilitation rooms, kitchens, dining rooms, duty rooms, restrooms, storage rooms and other functional areas, with facilities and equipment that meet the requirements for child safety and protection.
Article 20 Child welfare institutions shall take into account the individual differences of children, organize professional personnel to conduct assessments, and formulate individualized rearing programs.
Article 21 Child welfare agencies shall provide life care services such as eating, dressing, toileting and bathing.
Except for children with severe disabilities, for children over the age of six, child welfare institutions shall differentiate living areas according to gender. Girls shall be provided with the life care services stipulated in the preceding paragraph by female staff.
The diets provided by child welfare organizations shall meet hygiene requirements and be conducive to balanced nutrition for children.
Article 22 Children's welfare institutions shall guarantee the participation of children in basic medical insurance, arrange for regular medical check-ups and immunizations for children, and do a good job in daily medical care and disease prevention and control.
Children's welfare institutions may provide basic medical care for children by setting up medical institutions or by adopting a cooperative approach with designated medical institutions.
When a child is found to be a patient with a suspected infectious disease or a patient with a mental disorder, the child welfare organization shall handle the case in accordance with the provisions of the relevant laws and regulations on the prevention and treatment of infectious diseases and mental health.
Article 23 Child welfare organizations shall provide targeted rehabilitation services based on the child's disability. Where conditions are temporarily unavailable, they may cooperate with qualified rehabilitation service organizations to provide rehabilitation services.
Article 24 Children's welfare institutions shall, in accordance with the law, ensure that children who meet the conditions for enrollment in general education; children who meet the conditions for enrollment in special education schools shall, in accordance with the law, ensure that they receive special education.
Encouraging children's welfare organizations that are in a position to do so to provide special education services.
Article 25 Where a child is in need of surgical treatment, rehabilitation training, or special education across provincial administrative regions, the children's welfare agency shall select an agency with the appropriate qualifications, and obtain the approval of the civil affairs department to which it belongs.
Children's welfare organizations shall dynamically grasp the situation of children, and regularly visit the field.
Article 26 For children who meet the conditions and are suitable for adoption, the child welfare agency shall arrange for adoption in accordance with the law. Before placing a child for adoption, the child welfare agency shall truthfully inform the applicant of the child's intellectual and mental health, illness and disability status, and other important matters.
For children who are eligible for family foster care, the child welfare agency handles them in accordance with the provisions of the Measures for the Administration of Family Foster Care.
Article 27 In the following cases, the child welfare agency shall handle the procedures for the child to leave the institution:
(1) if the child's parents or other guardians appear;
(2) if the child's parents regain the ability of guardianship or if there are other people who are qualified to be guardians according to the law;
(3) if the child's parents or other guardian resumes guardianship;
(iv) the child is adopted in accordance with the law;
(v) the entrustment agreement signed by the child welfare organization and the minors' rescue and protection organization expires or is dissolved;
(vi) other cases should be discharged from the institution.
Article 28 In the case of Article 27 (1) of these Measures, the child welfare organization shall, according to the situation, register and keep the notification issued by the public security organs for the return of the child rescued from abduction, the certificate of closure of the child who has been lost, stolen, robbed, or abducted, and the people's court's judgment of revocation of the declaration of disappearance or death, as well as materials reflecting the original custodial relationship, and so on. The original guardianship relationship is reflected in the materials, etc.
In the case of Article 27 (2) of these Measures, the child welfare agency shall register and keep a report submitted by the township people's government (street office) where the child's original domicile is located on the restoration of parental guardianship, or on the existence of other persons legally qualified to exercise guardianship.
In the case of Article 27 (3) of these Measures, the child welfare agency shall keep a record of the people's court's judgment on the restoration of guardianship.
In the case of Article 27 (1) to (3) of these Measures, the child welfare agency shall also register and save the parents, other guardians or other persons qualified for guardianship in accordance with the law to submit a copy of the family register, resident identity card and other proof of identity, as well as civil affairs departments, such as the opinion of the discharged materials.
In the case of Article 27 (4) of these Measures, the children's welfare agency shall register and keep a copy of the adoption registration certificate and the opinion of the civil affairs department on the discharge and other materials.
In the case of Article 27 (5) of these Measures, the child welfare agency shall register and save the commissioning agreement signed by the child welfare agency and the rescue and protection of minors, or the relevant materials to dissolve the commissioning agreement.
Article 29 Where a child is discharged from a hospital, the child welfare agency shall issue a confirmation of the child's discharge.
Article 30 After a child for whom the civil affairs department has acted as guardian reaches the age of 18, the child welfare agency shall report to the civil affairs department to which it belongs to submit to the people's government at its own level to solve the problems of household registration, schooling, employment, housing, social security and other resettlement issues, and to complete the procedures for the discharge of the child in a timely manner.
Article 31 The child welfare institutions to take in the raising of children who died normally or by the medical and health institutions of the treatment of unnatural death, the child welfare institutions shall be responsible for the treatment or normal death of the medical and health institutions responsible for the investigation of the death of a resident issued by the medical certificate of death (presumptive) book; the child is not a medical and health institutions of the treatment of unnatural death The child welfare agency shall obtain a death certificate issued by the public security and judicial departments in accordance with the regulations and procedures.
Children's welfare organizations shall promptly report the death of the child to the civil affairs department to which they belong, and shall, in accordance with the law, do a good job of disposing of the remains and canceling the household registration.
Chapter 4? Internal Management
Article 32 Children's welfare institutions shall, in accordance with relevant state regulations, establish and improve systems for safety, food, emergency response, finance, records management, and information technology.
Article 33 Children's welfare institutions shall implement job security responsibilities, in the entrances and exits, reception halls, hallways, canteens, observation rooms, as well as children's rehabilitation, education, and other areas to install a video surveillance system with storage function. Surveillance video data retention period of not less than three months, containing special, important information on the storage media should be archived.
Thirty-four Article Children's welfare institutions shall implement a 24-hour duty inspection system. Duty personnel should be familiar with the situation of children raised in the institution, make a record of inspections, in the shift handover focus on the handover of children with special conditions such as disease.
Article 35 Children's welfare institutions shall establish and implement the fire safety responsibility system at each level, improve fire safety management system, in accordance with national standards, industry standards for the configuration of fire fighting facilities, equipment, fire fighting facilities, equipment maintenance and testing, to ensure that evacuation routes, safety exits, fire escape channels, and carry out daily fire prevention Carry out daily fire inspections and checks, and regularly organize fire safety education and training and fire-fighting and emergency evacuation drills.
Article 36 Children's welfare institutions shall strengthen the management of food safety and ensure that children's meals are safe, hygienic, nutritious and healthy.
Children's welfare institutions with internal canteens shall obtain a food business license from the market supervision department; children's welfare institutions ordering meals from food supply units and purchasing pre-packaged food shall order from enterprises licensed for food production and operation, and check the ordered food in accordance with the requirements.
Children's welfare institutions should be in accordance with the relevant provisions of the food samples for inspection.
Article 37 Children's welfare institutions shall formulate contingency plans for emergencies such as epidemics, fires and food poisoning.
After the occurrence of emergencies, children's welfare institutions shall immediately start the emergency response procedures, according to the division of responsibilities for emergency response management to the relevant departments.
Article 38 Children's welfare institutions shall implement the national unified accounting system, the use of funds in accordance with the law, earmarked, shall not be misappropriated, retained orphans basic living expenses and other special funds.
Article 39 Children's welfare institutions shall establish children's personal files, so that each person has a file.
Article 40 Children's welfare organizations shall rely on the National Children's Welfare Information Management System to collect and enter children's basic conditions and important medical, rehabilitation and educational information in a timely manner, and regularly update the data.
Article 41 Children's welfare organizations shall set up positions in accordance with the needs of their work. Professionals and technicians engaged in health care and other access occupations shall hold relevant national vocational qualification certificates. Other professionals are encouraged to receive vocational skills training.
Article 42 Children's welfare institutions shall encourage and support the staff to participate in vocational qualification examinations or title evaluation, in accordance with relevant state policies to properly resolve the medical, rehabilitation, education, social work and other professional and technical personnel titles, wages and benefits.
The dress code of the staff of child welfare organizations shall be neat and uniform.
Article 43 Where a child welfare institution carries out activities and cooperative projects with organizations outside the country, it shall go through the relevant procedures in accordance with the relevant state regulations.
Chapter 5? Guarantees and Supervision
Article 44 The civil affairs departments of the local people's governments at or above the county level shall support the development of children's welfare institutions, and coordinate the implementation of relevant policies and safeguards.
Article 45 Local people's governments at or above the county level are encouraged to improve the level of professional services provided by children's welfare institutions through the introduction of professional social work organizations, public welfare and charitable projects, and other means.
Article 46 The civil affairs departments of the local people's governments at or above the county level shall strengthen the construction of the personnel of children's welfare institutions and regularly train the relevant personnel of children's welfare institutions.
Article 47 The civil affairs departments of the local people's governments at or above the county level shall establish and improve the daily supervision system, and perform the following supervisory and management duties with respect to the children's welfare institutions and their staffs:
(1) be responsible for establishing and improving the internal management system of the children's welfare institutions, standardizing their service processes, and strengthening the prevention and control of risks, and so on Supervision and inspection;
(2) Supervision and inspection of the implementation of laws and regulations related to the management of children's welfare institutions and these Measures;
(3) Supervision and inspection of violations of laws and regulations related to the management of children's welfare institutions and these Measures and the imposition of penalties in accordance with the law;
(4) Supervision and management of children's welfare institutions and other matters.
Superior civil affairs departments shall strengthen the guidance and supervision and inspection of lower-level civil affairs departments, and promptly deal with violations of laws and regulations in the management of child welfare institutions.
Article 48 With regard to social service institutions, places of religious activity and other organizations that privately take in and raise children whose parents or other guardians cannot be identified, the civil affairs departments of the local people's governments at or above the county level, in conjunction with the relevant departments of public security, religious affairs and other relevant departments, shall order them to cease their activities of taking in and raising the children and deliver the children they have taken in to children's welfare institutions.
The civil affairs departments shall strengthen the supervision and management of existing organizations that have entered into agreements with the civil affairs departments on entrusted foster care.
Article 49 Where a child welfare organization and its staff do not perform their duties of taking in and raising children in accordance with the law, or where they discriminate against, humiliate, or abuse children, they shall be ordered by the civil affairs department to which they belong to make corrections and shall be given disciplinary measures in accordance with the law; where a crime is constituted, criminal responsibility shall be investigated in accordance with the law.
Article 50 Where civil affairs departments and their staff abuse their powers, neglect their duties, or engage in malpractice for personal gain in the administration of children's welfare institutions, they shall be ordered by the competent authorities to make corrections and shall be given disciplinary measures in accordance with the law; where a crime is constituted, they shall be held criminally liable in accordance with the law.
Chapter 6? By-laws
Article 50 The rescue and protection institutions for minors referred to in these Measures refer to rescue and protection centers for minors, and rescue and protection stations with rescue and protection sections (rooms) for minors.
Article 52 These Measures shall come into force as of January 1, 2019?