Rule number one In order to strengthen the management of children's welfare institutions and safeguard the legitimate rights and interests of children, these measures are formulated in accordance with the General Principles of the Civil Law of People's Republic of China (PRC), national laws, the Law of People's Republic of China (PRC) on the Protection of Minors and other relevant laws and regulations.
Article 2 The term "child welfare institution" as mentioned in these Measures refers to the institution established by the civil affairs department, which mainly takes in and raises children under the age of 18 who are taken as guardians by the civil affairs department.
Child welfare institutions include child welfare institutions registered as legal persons in public 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 the national child welfare institutions.
The civil affairs departments of local people's governments at or above the county level shall be responsible for the administration of children's welfare institutions within their respective administrative areas, and conduct supervision and inspection of children's welfare institutions in accordance with relevant laws and regulations and the provisions of these Measures.
Article 4 Children's welfare institutions shall adhere to the maximization of children's interests, protect children's rights such as survival, development, protection and participation according to law, and continuously improve children's life, medical care, rehabilitation and education.
Child welfare institutions and their staff shall not discriminate, insult or abuse children.
Article 5 The construction of children's welfare institutions shall be incorporated into the national economic and social development plans of local people's governments at or above the county level, and the construction level shall be compatible with local economic and social development.
Article 6 The funds needed by children's welfare institutions shall be guaranteed by the financial departments of local people's governments at or above the county level in accordance with regulations.
Article 7 Natural persons, legal persons or other organizations are encouraged to participate in the relevant services of children's welfare institutions through donations, the establishment of charitable projects and the provision of voluntary services.
Article 8 Units and individuals that have made remarkable achievements in the service and management of children's welfare institutions shall be commended and rewarded in accordance with the relevant provisions of the state.
Chapter II Service Objects
Article 9 A child welfare institution 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 have no other legal guardians;
(three) children whose parents have no guardianship and no other legal guardians;
(four) children designated by the civil affairs department as guardians by the people's court;
(five) other children who should be guardians by the civil affairs department according to law.
Article 10 Where a child welfare institution takes in and raises the children specified in Item (1) of Article 9 of these Measures, it shall register and keep the following materials according to the situation:
(1) For abandoned children who cannot find their parents or other guardians, the materials issued by the public security organs and confirmed by relevant procedures that they cannot find their parents or other guardians, the announcement on finding relatives issued by child welfare institutions, and the opinions received by civil affairs departments shall be registered and kept.
(2) For abducted children who cannot find their parents or other guardians, register and save the Notice of Temporary Guardianship of Abducted Children issued by the public security organs, the results of DNA information comparison, the certificate that their biological parents or other guardians have not been found for the time being, the announcement of finding relatives issued by the child welfare agency, the opinions received by the civil affairs department and other materials related to children.
(3) For vagrants and beggars who cannot find out their parents or other guardians for more than three months, they shall register and keep the DNA information comparison results issued by the public security organs, the announcement on finding relatives issued by the minor rescue and protection institutions, the opinions received by the civil affairs departments and other materials related to children.
Article 11 Where a child welfare institution takes in and raises a child as prescribed in Item (2) of Article 9 of these Measures, it shall register and keep the death certificate of the child's parents or the judgment declaring the child dead or missing submitted by the township people's government (street office) where the child's household registration is located, and there is no report of any other person with guardianship qualification according to law, and the civil affairs department shall receive opinions and other materials.
Article 12 Where a child welfare institution takes in and raises a child as prescribed in Item (3) of Article 9 of these Measures, it shall register and save the report submitted by the township people's government (street office) where the child's household registration is located, the report on the parents' lack of guardianship, the report on the absence of other persons with guardianship qualifications according to law, the opinions received by the civil affairs department and other materials.
If one of the parents is dead or missing, the death certificate of the dead or missing parent or the judgment declaring death or missing shall also be registered and kept.
Thirteenth children's welfare institutions shall register and save the effective judgments of the people's courts, opinions received by the civil affairs departments and other materials when adopting children as stipulated in Item (4) of Article 9 of these Measures.
Fourteenth children's welfare institutions can accept the entrustment of minors' rescue and protection institutions to take in and raise children who are under the temporary custody of the civil affairs department. A child welfare institution shall sign an entrustment agreement with a minor rescue and protection institution.
Children's welfare institutions should accept poor people under the age of 16 who need centralized support.
Chapter III Service Contents
Fifteenth children's welfare institutions shall, after receiving children, send them to medical institutions for physical examination and infectious disease examination in time. If it is really impossible to send it to a medical institution, take care of it in isolation first.
Article 16 Where a child welfare institution takes in and raises a child as stipulated in Item (1) of Article 9 of these Measures, it shall keep the articles that the child carries with him that can identify his identity or have commemorative value.
Seventeenth children's welfare institutions shall apply to the local public security organ for registered permanent residence registration in time to take in and raise the children stipulated in Article 9 of these Measures.
Article 18 Child welfare institutions shall provide daily care, basic medical care, basic rehabilitation and other services in accordance with the Basic Norms for Child Welfare Institutions and other national standards and industry standards, and safeguard children's right to education according to law.
Nineteenth children's welfare institutions should set up living rooms, activity rooms, medical rooms, isolation rooms, rehabilitation rooms, kitchens, restaurants, duty rooms, bathrooms, storage rooms and other functional areas, equipped with facilities and equipment that meet the requirements of children's safety protection.
Twentieth children's welfare institutions should consider the individual differences of children, organize professionals to evaluate, and formulate personalized support programs.
Twenty-first child welfare institutions should provide life care services such as eating, dressing, going to the toilet and bathing.
In addition to severely disabled children, children's welfare institutions should distinguish the living areas of children over 6 years old by sex. Female staff shall provide life care services for girls as stipulated in the preceding paragraph.
The meals provided by children's welfare institutions should meet the hygiene requirements, which is conducive to the nutritional balance of children.
Twenty-second child welfare institutions should ensure that children participate in basic medical insurance, arrange regular physical examination and immunization for children, and do a good job in daily medical care and disease prevention and control.
Children's welfare institutions can provide basic medical services for children by setting up medical institutions or cooperating with designated medical institutions.
When a child is found to be a suspected infectious disease patient or a mental disorder patient, the child welfare institution shall handle it in accordance with the provisions of relevant laws and regulations such as infectious disease prevention and mental health.
Twenty-third child welfare institutions should provide targeted rehabilitation services according to the disability status of children. Temporarily do not have the conditions, can cooperate with qualified rehabilitation service institutions to carry out rehabilitation services.
Twenty-fourth children who meet the admission requirements, child welfare institutions shall ensure that they receive general education according to law; Children who meet the admission requirements of special education schools are guaranteed to receive special education according to law.
Encourage qualified child welfare institutions to carry out special education services.
Twenty-fifth children really need to receive surgical treatment, rehabilitation training and special education across provincial administrative regions, children's welfare institutions should choose institutions with corresponding qualifications and obtain the approval of their subordinate civil affairs departments.
Children's welfare institutions should dynamically grasp the situation of children and visit them regularly.
Article 26 Children's welfare institutions shall arrange adoption for children who meet the requirements and are suitable for adoption according to law. Before placing a child out for adoption, a child welfare institution shall truthfully inform the adoption applicant of the intelligence, mental health, illness and disability of the child.
For children who meet the conditions of family foster care, child welfare institutions shall handle them in accordance with the provisions of the Measures for the Administration of Family Foster Care.
Twenty-seventh child welfare institutions shall handle the discharge procedures for children in the following circumstances:
The child's parents or other guardians appear;
(2) Other persons whose parents have recovered their guardianship ability or have guardianship qualifications according to law;
(3) The parents or other guardians of the children have resumed guardianship;
(4) The child is legally adopted;
(5) The entrustment agreement signed between the child welfare institution and the minor rescue and protection institution expires or is terminated;
(six) other circumstances that should be discharged.
Article 28 In the case of Item (1) of Article 27 of these Measures, the child welfare institution shall, according to the situation, register and save the notice of the public security organ to rescue the abducted child, the closing certificate that the child was really lost, robbed and abducted, the judgment of the people's court to cancel the declaration of disappearance and death, and the materials that can reflect the original guardianship relationship.
In the case of Item (2) of Article 27 of these Measures, the child welfare institution shall register and save the report submitted by the township people's government (street office) where the child's original household registration is located on the parents' restoration of guardianship or other persons with guardianship qualifications according to law.
In the case of Item (3) of Article 27 of these Measures, the child welfare institution shall register and save the judgment of the people's court to restore the qualification of guardian.
Belongs to the way Article 27 (1) to (3) of the case, the child welfare institution shall also register and save the household registration book, copy of resident identity card and other identification materials submitted by parents, other guardians or other legally qualified persons, as well as the discharge opinions of the civil affairs department.
In the case of Item (4) of Article 27 of these Measures, the child welfare institution shall register and keep a copy of the adoption registration certificate, the discharge opinions of the civil affairs department and other materials.
In the case of Item (5) of Article 27 of these Measures, the child welfare institution shall register and save the entrustment agreement signed between the child welfare institution and the minor rescue and protection institution or the relevant materials for terminating the entrustment agreement.
Article 29 When a child is discharged from hospital, the child welfare institution shall issue a confirmation letter of discharge.
Article 30 After a child who is the guardian of the civil affairs department reaches the age of 18, the child welfare institution shall report to the civil affairs department at a lower level and request the people's government at the same level to solve the resettlement problems such as household registration, schooling, employment, housing and social security, and go through the discharge formalities in time.
Article 31 If a child taken in and raised by a child welfare institution dies normally or dies abnormally after being treated by a medical and health institution, the child welfare institution shall obtain the Medical Certificate of Death of Residents (Inference) issued by the medical and health institution responsible for treating or investigating the normal death; If a child dies abnormally without medical treatment, the child welfare institution shall obtain the death certificate issued by the public security and judicial departments in accordance with the regulations and procedures.
Children's welfare institutions shall promptly report the death of children to their civil affairs departments, and do a good job in the disposal of remains and cancellation of households according to law.
Chapter IV Internal Management
Thirty-second child welfare institutions shall establish and improve the safety, food, emergency, finance, file management, information and other systems in accordance with the relevant provisions of the state.
Thirty-third child welfare institutions should implement the responsibility of post safety, and install video monitoring systems with storage function in various entrances and exits, reception halls, corridors, canteens, observation rooms and children's rehabilitation education areas. The storage period of surveillance video materials shall not be less than 3 months, and the storage media containing special and important materials shall be archived.
Thirty-fourth child welfare institutions should implement a 24-hour patrol system. The personnel on duty should be familiar with the situation of raising children in the institution, make inspection records, and focus on handing over children in special circumstances such as illness when handing over the shift.
Article 35 Children's welfare institutions shall establish and implement the responsibility system for fire control safety step by step according to law, improve the fire control safety management system, allocate fire control facilities and equipment according to national standards and industry standards, maintain and test fire control facilities and equipment, ensure smooth evacuation passages, safety exits and fire truck passages, conduct daily fire control inspections and inspections, and organize regular fire control safety education and training, fire fighting and emergency evacuation drills.
Thirty-sixth child welfare institutions should strengthen food safety management to ensure the safety, hygiene, nutrition and health of children's diet.
If a child welfare institution has a canteen, it shall obtain a food business license from the market supervision department; Where a child welfare institution orders food from a food supplier or buys food from prepackaged foods, it shall order from an enterprise that has obtained a food production and operation license, and inspect the ordered food as required.
Child welfare institutions shall keep food samples for future reference in accordance with relevant regulations.
Thirty-seventh child welfare institutions shall formulate emergency plans for emergencies such as epidemic situation, fire and food poisoning.
After an emergency occurs, the child welfare institution shall immediately start the emergency handling procedures and report to the relevant departments according to the division of emergency management responsibilities.
Thirty-eighth child welfare institutions shall implement the unified accounting system of the state, use funds according to law, and use them for special purposes, and shall not misappropriate or intercept special funds such as the basic living expenses of orphans.
Thirty-ninth child welfare institutions should establish children's personal files, so that one person has one file.
Fortieth child welfare institutions should rely on the national child welfare information management system to collect and input children's basic situation and important medical, rehabilitation, education and other information in a timely manner, and update the data regularly.
Forty-first child welfare institutions should set up posts according to the needs of work. Professional and technical personnel engaged in medical and health access occupations shall hold relevant national vocational qualification certificates. Encourage other professionals to receive vocational skills training.
Article 42 Children's welfare institutions shall encourage and support their staff to participate in the vocational qualification examination or professional title evaluation, and properly solve the professional titles, salaries and welfare benefits of medical, rehabilitation, education, social work and other professional and technical personnel in accordance with relevant state policies.
The staff of a child welfare institution shall dress neatly and uniformly.
Forty-third children's welfare institutions and overseas organizations to carry out activities and cooperation projects, should go through the relevant procedures in accordance with the relevant provisions of the state.
Chapter V Assurance and Supervision
Article 44 The civil affairs departments of 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 safeguard measures.
Article 45 Civil affairs departments of local people's governments at or above the county level are encouraged to improve the professional service level of children's welfare institutions by introducing professional social work institutions and charitable projects.
Forty-sixth civil affairs departments of local people's governments at or above the county level shall strengthen the construction of personnel of children's welfare institutions and regularly train relevant personnel of children's welfare institutions.
Forty-seventh civil affairs departments of local people's governments at or above the county level shall establish and improve the daily supervision system, and perform the following supervision and management duties for children's welfare institutions and their staff:
(a) responsible for the supervision and inspection of children's welfare institutions to establish and improve the internal management system, standardize service processes, and strengthen risk prevention and control;
(two) responsible for the supervision and inspection of the laws and regulations on the management of children's welfare institutions and the implementation of these measures;
(three) responsible for violations of the relevant laws and regulations on the administration of children's welfare institutions and these measures, and shall be punished according to law;
(four) other matters responsible for the supervision and management of children's welfare institutions.
The civil affairs departments at higher levels shall strengthen the guidance, supervision and inspection of the civil affairs departments at lower levels, and deal with the illegal acts in the management of children's welfare institutions in a timely manner.
Article 48 The civil affairs department of the local people's government at or above the county level shall, jointly with the relevant departments of public security and religious affairs, order social service institutions and places for religious activities that privately take in and raise children whose parents or other guardians cannot be identified to stop taking in and raising them, and send the children taken in and raised to child welfare institutions.
The civil affairs department shall strengthen the supervision and management of the existing organizations that have signed the entrustment agreement with the civil affairs department.
Forty-ninth children's welfare institutions and their staff do not perform their duties of taking care of children according to law, or discriminate, insult or abuse children, the civil affairs department shall order them to make corrections and impose sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 50 If the civil affairs department and its staff abuse their powers, neglect their duties or engage in malpractices for selfish ends in the management of children's welfare institutions, the competent department shall order them to make corrections and punish them according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VI Supplementary Provisions
Article 51 The institutions for the rescue and protection of minors mentioned in these Measures refer to the centers for the protection of minors (rescue centers) and the rescue management stations with departments (rooms) for the rescue and protection of minors.
Article 52 These Measures shall come into force as of 20091October 2065438+ 1 day.