Law on Social Services


Published: 0000-00-00

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OFFICIAL TRANSLATION
 
 
 
 
 
REPUBLIC OF LITHUANIA
 
LAW ON SOCIAL SERVICES
 
 
19 January 2006  No X-493 Vilnius
 
SECTION ONE
GENERAL PROVISIONS
 
Article 1. Purpose of the Law
This Law shall define the concept, objectives and types of social services, regulate the management, granting and provision of social services, licensing and financing of social care establishments, payment for social services and consideration of the disputes related to social services.
 
Article 2. Definitions
1. “Person with a severe disability” shall mean:
1) a child with a severe disability – a person who has been established a level of complete dependency under this Law and has been established a level of severe disability under the Law on Social Integration of the Disabled;
2) a adult with a severe disability – a person who has been established a level of complete dependency under this Law and has been rated as incapable of work under the Law on Social Integration of the Disabled;
4) a person with a severe disability who has attained the pensionable age – a person who has attained the pensionable age and who has been established a level of complete dependency under this Law.
2. “Child deprived of parental care” shall mean a child under 18 years of age who have been established temporary or permanent guardianship (custody) in accordance with the procedure laid down by laws.
3. “Elder person” shall mean a person who has attained the pensionable age and who, by reason of his age, has partially or completely lost the abilities to independently care for his private (family) life and to participate in society.  
4. “Social care establishment” shall mean an undertaking authorised to provide social care in accordance with the procedure laid down by this Law (public limited liability company, private limited liability company, individual enterprise), an establishment (public establishment, budgetary institution) or a social family.
5. “Social care norm” shall mean the principles and characteristics of the provision of social care to the children deprived of parental care, children with a disability, children at social risk, adults with a disability, elder persons and adults at social risk as approved by the Government or an institution authorised by it.
6. “Adult at social risk” shall mean a person of working age who is socially excluded owing to his involvement in begging, vagrancy, alcohol abuse, abuse of narcotic, psychotropic or toxic substances, gambling dependence, involvement or tendency to be involved in criminal activities, experience or being in the threat of experiencing psychological, physical or sexual abuse, violence in the family and partial or complete loss of the abilities to independently care for his private (family) life and to participate in society.
7. “Family at social risk” shall mean a family in which there are children under 18 years of age and at least one of the parents abuses alcohol, narcotic, psychotropic or toxic substances, is gambling dependent, due to the lack of social skills, does not know how to or is incapable of properly caring for children, abuses them psychologically, physically or sexually, does not use the state support he receives in the interests of the family, which results in a threat posed to the physical, intellectual, spiritual and moral development and security of the children. A family whose child has been established temporary guardianship (custody) in accordance with the procedure laid down by laws shall be regarded as a family at social risk too.
8. “Child at social risk” shall mean a child under 18 years of age who is involved in vagrancy, begging, does not attend school or experiences behavioural problems at school, abuses alcohol, narcotic, psychotropic or toxic substances, is gambling dependent, is involved or tends to be involved in criminal activities, has experienced or is in the threat of experiencing psychological, physical or sexual abuse, violence in the family, which limits his possibilities of education and participation in society.
9. “Social services establishment” shall mean an undertaking providing social services (public limited liability company, private limited liability company, individual enterprise), an establishment (public establishment, budgetary institution), organisation (association, charity and sponsorship fund, religious community or society (centre)) or a social family.
10. “Adult with a disability” shall mean a person of working age who, by reason of his disability, has partially or completely lost the abilities to independently care for his private (family) life and to participate in society.
11. “Child with a disability” shall mean a child under 18 years of age who, by reason of his disability, has partially or completely failed to acquire the independence corresponding to his age and whose possibilities of education and participation in society are limited.  
12. “Foster family” shall mean the spouses (or a single person over 21 years of age) who provide with supervision or guardianship (custody), in accordance with the procedure laid down by laws and other legal acts, the children deprived of parental care, children at social risk and children with a disability not related to them by blood.
 
Article 3. Concept and Objectives of Social Services
1. Social services shall be the services aimed at providing assistance to a person (family) who, by reason of his age, disability, social problems, partially or completely lacks, has not acquired or has lost the abilities or possibilities to independently care for his private (family) life and to participate in society.
2. The objective of social services shall be to create conditions for a person (family) to develop or to enhance the abilities and possibilities to independently solve his social problems, maintain social relations with society as well as to assist in the overcoming of social exclusion.
3. Social services shall be provided with a view to preventing the social problems of a person, family and community as well as to ensuring the social security of society.
 
Article 4. Principles of Management, Granting and Provision of Social Services
Social services shall be managed, granted and provided on the basis of the following principles:
1) co-operation.  The management, granting and provision of social services shall be based on co-operation and mutual assistance between a person, family, community, the organisations defending the interests and rights of social groups of people, social services establishments, municipal and state institutions;
2) participation. Issues of the management, granting and provision of social services shall be settled in co-operation with recipients of social services and/or representatives thereof and the organisations defending the interests and rights of social groups of people;
3) complexity. The provision of social services to a person shall be combined with the provision of social services to his family;
4) accessibility. Social services shall be managed, granted and provided so as to ensure that a person (family) can access social services as close to his place of residence as possible;
5) social justice. Financial possibilities of a person (family) to pay for social services shall not have any impact on the possibilities of the person (family) to receive the social services;
6) relevance. A person (family) shall be granted and provided the social services which correspond to the interests and established needs of the person (family);
7) efficiency. Social services shall be managed, granted and provided with a view to achieving good results and rationally utilising available resources;
8) comprehensiveness. Social services shall be managed, granted and provided by combining them with cash social assistance, protection of child rights, employment, health care, education, granting of social housing and special assistance measures.
 
Article 5. Entitlement to Social Services
The following persons shall be entitled to social services:
1) citizens of the Republic of Lithuania;
2) aliens, including stateless persons, holding a permanent or temporary residence permit in the Republic of Lithuania;
3) other persons in the cases provided for in international treaties of the Republic of Lithuania.
 
SECTION TWO
TYPES OF SOCIAL SERVICES
 
Article 6. Types of Social Services
1. Social services shall be of the following types:
1) social services of general interest;
2) special social services.
2. Social services, content thereof according to specific types of social services as well as types of social services establishments shall be defined by a catalogue of social services approved by the Government or an institution authorised by it.
 
Article 7. Social Services of General Interest
1. Social services of general interest shall be provided to a person (family) whose abilities to independently care for his private (family) life and to participate in society may be developed or compensated for by the specific services provided without permanent assistance by specialists.
2. Information, counselling, mediation and representation, social and cultural services, organisation of transportation, organisation of catering, provision of necessary clothes and footwear as well as other services shall be regarded as social services of general interest.
 
Article 8. Special Social Services
1. Special social services shall be provided to a person (family) in respect whereof social services of general interest are insufficient to develop or to compensate for the abilities to independently care for his private (family) life and to participate in society.
2. The following services shall be regarded as special services:
1) social attendance;
2) social care.
3. Social attendance shall mean the totality of the services aimed at providing to a person (family) complex assistance not requiring permanent attendance by specialists.
4. Assistance at home, development and maintenance of social skills, temporary lodging as well as other services shall be regarded as social attendance.  
5. Social care shall mean the totality of the services aimed at providing to a person (family) complex assistance requiring permanent attendance by specialists.
6. Social care shall, according to its duration, be divided into day, short-term and long-term care.
 
Article 9. Assistance in Cash           
1. In the specific cases established by a municipality, where it is expedient to organise social services of general interest and social attendance in respect of a person (family) in cash, these services may be changed into a cash benefit – assistance in cash.
2. The payment of assistance in cash shall be regulated by a description of the procedure for paying for social services as approved by the Government or an institution authorised by it.
 
SECTION THREE
MANAGEMENT OF SOCIAL SERVICES
 
Article 10. Management of Social Services and Management Entities
1. The management of social services shall cover the planning and organisation of social services, division of competence, assessment, monitoring and control of the quality of social services at state and municipal levels.
2. The main social services management institutions shall be:
1) the Ministry of Social Security and Labour;
2) county governors;
3) municipalities;
4) the Social Services Monitoring Department under the Ministry of Social Security and Labour (hereinafter referred to as the “Social Services Monitoring Department”).
 
Article 11. Competence of the Ministry of Social Security and Labour
The Ministry of Social Security and Labour shall implement the state social services policy:
1) within the sphere of its competence, submit to the Government proposals on the state social services system and directions for the development of social work as well as draft legal acts on the establishment of a person’s (family’s) need for social services, granting, provision, financing of and payment for social services, social care norms, licensing of social care establishments, improvement of professional qualifications and regulation of activities of social workers and assistant social workers, etc.;
2) submit conclusions to county governors on the establishment, reorganisation or liquidation of social services establishments and the scope of provision and types of regional social services in these establishments;
3) analyse and assess the condition of social services in the country and submit proposals to municipalities on the planning and organisation of social services;
4) analyse the needs of social workers and assistant social workers for the improvement of professional qualifications and organise the performance appraisal of social workers;
5) draw up and implement state social services programmes and projects.
 
Article 12. Competence of a County Governor
1. A county governor shall implement the state social services policy in a county:
1) establish, reorganise and liquidate regional social services establishments as well as ensure their functioning;
2) draw up and implement county social services programmes and projects.
2. The social services establishments whose founder or member is a county governor (hereinafter referred to as a “county governor’s social services establishment”) shall provide the social services which are not required by residents of every municipal territory of the county.
3. A county governor shall co-ordinate the establishment, reorganisation and liquidation of county governor’s social services establishments, the scope and types of the social services provided by them with the county’s municipalities as well as the Ministry of Social Security and Labour in compliance with the methods of planning of social services as approved by the Government or an institution authorised by it.
4. A county governor shall provide the information regarding the social services provided by county governor’s social services establishments to the county’s municipalities and the Ministry of Social Security and Labour.  
5. A county governor shall structure and analyse the information received from the county’s municipalities regarding the social services provided in their territory.
6. Every county governor’s administration must have a division administering social services.
 
Article 13. Competence of a Municipality  
1. A municipality shall be in charge of the ensuring of provision of social services to residents of its territory by planning and organising social services and controlling the quality of social services of general interest and social attendance.
2. A municipality shall plan social services:
1) assess and analyse residents’ needs for social services;
2) in line with residents’ needs, forecast and determine the scope of the provision and types of social services;
3) assess and establish the need for financing of social services.
3. In order to determine the scope of provision and types of social services in line with residents’ needs, a municipality shall annually draw up and approve a plan of social services. The plan of social services shall be drawn up in compliance with the methods of planning of social services as approved by the Government or an institution authorised by it.
4. A municipality shall organise social services for persons (families):
1) organise the establishment of a person’s (family’s) need for social services;
2) according to a person’s (family’s) established need for social services, grant the social services to the person (family);
3) assess the financial possibilities of a person (family) to pay for social services and determine the amount to be paid by the person (family) for the social services;
4) in accordance with the procedure laid down by the legal acts regulating public procurement, purchase social services for residents of its territory;
5) where necessary, in accordance with the procedure laid down by the legal acts regulating the management, use and disposal of state-owned and municipal property, transfer the premises owned by the municipality to social services establishments on the basis of loan for use to temporarily manage and use free of charge;
6) establish, reorganise and liquidate social services establishments as well as ensure their functioning;
7) select the families which can be foster families and supervise them;
8) draw up and implement municipal social services programmes and projects.
5. A municipality shall establish its social services establishments only in the cases when operating social services establishments do not provide or insufficiently provide or it is not worthwhile providing the social services for which the need of the municipal territory’s residents has been established.
6. A municipality shall control the quality of the social services of general interest and social attendance provided in its territory.
7. A municipality shall inform the Ministry of Social Security and Labour and a county governor about the social services provided in its territory.
8. The administration of every municipality must have a division which plans social services and administers the organisation of social services and control of the quality of social services of general interest and social attendance.
 
Article 14. Competence of the Social Services Monitoring Department
The Social Services Monitoring Department shall assess, monitor and control the quality of social services:
1) provide methodological assistance on the application of social care norms;
2) provide methodological assistance regarding control of the quality of social services of general interest and social attendance;
3) form a general practice of application of social care norms and the requirements set forth for social services of general interest and social attendance;
4) in compliance with social care norms, assess the quality of social care;
5) issue licences to provide social care, suspend and cancel them;
6) monitor and control compliance with the conditions of licensing activities;
7) control the establishment of a person’s (family’s) need for the social services financed from special targeted subsidies of the state budget to municipal budgets, granting and provision thereof as well as assessment of the person’s (family’s) financial possibilities to pay for these services;
8) perform the functions assigned by laws and other legal acts.
 
SECTION FOUR
GRANTING OF SOCIAL SERVICES
 
Article 15. Application for the Granting of Social Services to a Person (Family)
1. A person (one of adult members of a family) or guardian (custodian) thereof shall apply for the granting of the social services whose provision is financed by a municipality from its own budget or from special targeted subsidies of the state budget to municipal budgets by filing a written application to the municipality of the person’s (family’s) place of residence.
2. In exceptional cases, when a person (family) suffers physical or psychological abuse or a threat is posed to his physical or emotional security, the person (one of adult members of the family) or his guardian (custodian) may apply for the granting of social services of general interest and social attendance to a municipality other than that of his place of residence.
3. If acting in the interests of a person (family) or public social security interests, members of the community or other persons concerned may file an application for the granting of social services to the person (family) upon specifying a reason for which the person (one of adult members of the family) or his guardian (custodian) cannot do this themselves.
4. The employees of educational, health care and social services establishments, the police and other institutions possessing data on a person’s (family’s) need for social services must immediately notify thereof the municipality of the person’s (family’s) place of residence. In this case, the issue of the granting of social services shall be considered without the person’s (one of adult members of the family) or his guardian’s (custodian’s) application.
 
Article 16. Establishment of a Person’s (Family’s) Need for Social Services
1. A person’s need for social services shall be established on an individual basis according to the person’s dependency and possibilities to develop or compensate for independence by means of the social services corresponding to the person’s interests and needs.  
2. A complex assessment of a person’s dependency shall be carried out according to the person’s age, organism’s functional disorders, social risk and the abilities related to theses factors as well as motivation to solve one’s social problems and the family’s possibilities to care for the person, other peculiarities influencing the person’s ability to care for his private (family) life or to participate in society.   
3. In establishing a person’s need for social care, a level of the person’s dependency shall be assessed.
4. A person’s dependency may be of two levels:
1) partial;
2) complete.
5. A family’s need for social services shall be established by comprehensively assessing abilities, possibilities and motivation of members of the family in dealing with their family’s social problems, maintaining relations with the public as well as possibilities to develop or compensate therefor by means of the social services of general interest or social attendance corresponding to the interests and needs of the family.
6. The need for social services in respect of a person (family) willing to receive the social services financed by a municipality from its budget funds or from special targeted subsidies of the state budget to municipal budgets shall be established by the social workers appointed in accordance with the procedure laid down by a municipal institution.
7. A person’s (family’s) need for social services during the period of provision of social services shall be reviewed on a periodical basis by social workers of social services establishments.  
8. Employees of health care, educational and training establishments, the police and other institutions as well as other persons must submit to a social worker the conclusions necessary for the establishment of a person’s (family’s) need for social services.
9. The establishment of a person’s (family’s) need for social services, granting, suspension and discontinuation of social services shall be regulated by the following documents approved by the Government or an institution authorised by it: a description of the procedure for establishing a person’s (family’s) need for and granting of social services as well as methods of establishment of the need for social care in respect of a child deprived of parental care, child with a disability, child at social risk, adult with a disability, elder person and adult at social risk.
 
Article 17. Decision on the Granting of Social Services to a Person (Family)
A decision on the granting, suspension and discontinuation of the social services whose provision to a person (family) is financed by a municipality from its budget funds or from special targeted subsidies of the state budget to municipal budgets shall be taken on the recommendation of a social worker who has established the person’s (family’s) need for social services in accordance with the procedure laid down by a municipal institution.
 
SECTION FIVE
PROVISION OF SOCIAL SERVICES
 
Article 18. General Provisions Regarding the Provision of Social Services to a Person (Family)
1. Social services shall be provided to a person (family) taking into consideration the individual interests and needs of the person (family) established according to provisions of Article 16 of this Law and continuously assessing the efficiency of the social services provided in respect of development or compensation for the person’s (family’s) possibilities and abilities to care for his private (family) life or to participate in society.
2. Social services shall be provided to a child at social risk deprived of parental care by creating a safe and healthy environment for the education and development of the child, forming independent living skills, re-creating, maintaining and strengthening social relationships with the family, relatives, society and organising the assistance co-ordinated with education as well as making use of every opportunity for the child to live in the family.
3. Social services shall be provided to a child with a disability by creating conditions for him to live in his family, grow up in a healthy and safe environment and organising the assistance co-ordinated with education, personal health care and special assistance measures. This should help the child with a disability to form independent living skills, maintain and strengthen social relationships with the family, relatives and society.  
4. Social services shall be provided to a adult with a disability by creating conditions for him to live at home, in his family and organising the assistance co-ordinated with education, employment, personal health care and special assistance measures, helping to develop or compensate for his abilities to care for his personal (family) life and to participate in the labour market.
5. Social services shall be provided to an elderly person by creating conditions for him to live at home, in his family and independently manage his household as long as possible and organising the assistance co-ordinated with employment, personal health care and special assistance measures, helping to maintain social relationships with the family, relatives and society.
6. Social services shall be provided to a person with a severe disability by ensuring a safe and healthy environment, assistance corresponding to human dignity, co-ordinated with personal health care, permanent care (assistance), other special assistance measures, education helping to compensate for the lost independency as well as ability to maintain social relationships with the family and society.
7. Social services shall be provided to a adult at social risk by helping to develop social skills and to strengthen motivation in overcoming rising social problems and organising the assistance co-ordinated with education, employment, health care measures and ensuring the caring for personal (family) life and participation in the labour market.
8. Social services shall be provided to a family at social risk by helping to develop the social skills and motivation of family members to create a safe, healthy and harmonious environment at home, in the family, to maintain social relationships with society and to ensure the comprehensive development and education of the children growing in the family. When providing social services to a family at social risk, the provision of the social services to children must be ensured too.
 
Article 19. Providers of Social Services
1. Social services of general interest and social attendance shall be provided by the social services establishments which are engaged in the provision of social services and whose social services meet the requirements set forth by legal acts for the social services of general interest and social attendance.
2. Social care shall be provided by the social services establishments which are engaged in the provision of social services, whose social care complies with social care norms and which hold a licence to provide social care (hereinafter referred to as a “licence”).
3. Social care shall be provided by the foster families which meet the requirements set forth to them by legal acts, where the social care provided by them complies with social care norms.
4. The authorisations, licences and the documents attesting to qualification requirements as issued in the EU Member States shall be recognised, in accordance with the procedure laid down by legal acts, as appropriate for engagement in the provision of social services in the Republic of Lithuania.
 
Article 20. Social Workers, Assistant Social Workers
1. Social work shall be carried out by the social workers and assistant social workers working at social services establishments.
2. Social work shall mean the activities helping a person, a family to solve their social problems according to their possibilities and with their participation, without violating human dignity and by increasing their responsibility based on the co-operation of a person, family and society.
3. Assistant social workers shall carry out social work according to the instructions of a social worker.
4. A person who has received a higher education in social work or equivalent education shall have the right to work as a social worker.
5. The requirement set forth in paragraph 4 of this Article shall not apply to an assistant social worker.
6. The professional qualification of social workers shall be assessed on a periodical basis during a performance appraisal of social workers.
7. The qualification requirements of social workers and assistant social workers, procedure for improving professional qualifications, list of education equivalent to education in social work as well as procedure for performing a performance appraisal of social workers shall be laid down by the qualification requirements for social workers and assistant social workers and descriptions of the procedure for improving the professional qualifications of social workers and assistant social workers as well as procedure for performing a performance appraisal of social workers as approved by the Government or an institution authorised by it.
8. The higher education diplomas, diplomas, certificates and other documents attesting qualifications issued by the European Union, states of the European Economic Area or the Swiss Confederation shall, in accordance with the procedure laid down by legal acts, be recognised as appropriate for the persons holding them to work as social workers in the Republic of Lithuania.
 
SECTION SIX
LICENCING OF SOCIAL CARE ESTABLISHMENTS
 
Article 21. Types of Licences
1. An undertaking, establishment or social family may be issued licences to provide social care at a social care establishment (hereinafter referred to as “institutional social care”) or at a person’s home.
2. An undertaking, establishment or social family may be issued licences of the following types:
1) institutional (day) social care for children with a disability;
2) institutional (long-term, short-term) social care for children with a disability;
3) institutional (long-term, short-term) social care for the children deprived of parental care and children at social risk;
4) institutional (day) social care for adults with a disability;
5) institutional (long-term, short-term) social care for adults with a disability;
6) institutional (day) social care for elderly people;
7) institutional (long-term, short-term) social care for elderly people;
8) institutional (short-term) social care for adults at social risk;
9) social care for children with a disability at home;
10) social care for adults with a disability or elderly people at home.
3. An undertaking, establishment or social family may be issued licences of several types.
 
Article 22. Institution Issuing Licences and the Institution Monitoring and Controlling Compliance with the Conditions of Licensing Activities
Licenses shall be issued, a licence shall be suspended, suspension of the licence shall be cancelled and the licence shall be cancelled, compliance with conditions of licensing activities shall be monitored and controlled by the Social Services Monitoring Department on the basis of this Law and other legal acts.
 
 
Article 23. Conditions of Obtaining a Licence
1. The following documents shall be required to obtain a licence:
1) an application. Form thereof shall be approved by the Social Services Monitoring Department;
2) copies of the founding documents of an undertaking, establishment or social family;
3) copies of the documents on the basis whereof an undertaking, establishment or social family is going to use the premises intended for social care (where institutional social care is to be provided);
4) written information and copies of the documents proving that the social care to be provided by an undertaking, establishment or social family is going to comply with social care norms;
5) a description of the management, organisational and personnel structure of an undertaking, establishment or social family (with the structure of the divisions to provide social custody, where the undertaking and establishment are engaged in other activities not related to the provision of social services, described separately);
6) the strategic plan of activities of an undertaking or establishment.
2. In the cases when an undertaking or establishment is engaged in other activities not related to the provision of social services in addition to the provision of social services, a separate management, organisational and personnel structure must be created for social care.
3. An undertaking or establishment willing to obtain the licences of several types to provide social care to children, adults or elderly people and adults at social risk must ensure that institutional social care is provided to them in separate premises.
4. Prior to issuing a licence, the Social Services Monitoring Department shall have the right to check on spot whether an undertaking, establishment or social family is prepared to provide social care.
5. A licence or a substantiated written refusal to issue the licence must be submitted to an undertaking, establishment or social family within 30 calendar days of the receipt of all the documents required for the issuance of the licence.
6. Upon the taking of a decision on the issuance of a licence, state fees and charges shall be paid for the issuance thereof.
7. The Social Services Monitoring Department must, in accordance with the procedure laid down by legal acts, give notice to the Legal Entities Register of the issuance of a licence, suspension thereof, cancellation of suspension of the licence and cancellation of the licence.
8. The Social Services Monitoring Department shall give notice of the issuance of a licence, suspension thereof, cancellation of suspension of the licence and cancellation of the licence to a municipality in the territory whereof an undertaking, establishment or social family operates and publish the notice in the supplement Informaciniai praneðimai to the official gazette Valstybės žinios
 
Article 24. Refusal to Issue a Licence, Suspension and Cancellation of a Licence
1. The Social Services Monitoring Department may refuse to issue a licence where:
1) not all documents and written information have been submitted to obtain the licence;
2) the documents and written information submitted do not meet the set requirements or have been inappropriately executed;
3) incomplete information has been submitted with regards to compliance of the social care to be provided by an undertaking,  establishment or social family with social care norms or other conditions specified in paragraphs 2 and 3 of Article 23 of this Law;
4) incorrect data and written information or falsified documents have been submitted by an undertaking, establishment or social family to obtain the licence.
2. The Social Services Monitoring Department shall suspend a licence where:
1) an undertaking, establishment or social family no longer meets the requirements set forth for the issuance of the licence;
2) an undertaking, establishment or social family provided social care not complying with social care norms, and failed to eliminate violations within a set time limit after a warning to eliminate the violations.
3. A time limit during which a licence shall be suspended shall be laid down by the Social Services Monitoring Department taking into consideration the nature of an established violation.
4. Upon suspending a licence, an undertaking, establishment or social family shall be allowed to continue the provision of social care for the entire period of suspension of the licence only in the cases when established violations do not pose a threat to the interests and security of recipients of social services.  
5. The Social Services Monitoring Department may cancel a licence at its own initiative or at the initiative of an undertaking, establishment or social family.
6. The Social Services Monitoring Department shall cancel a licence where:
1) upon suspending the licence, an undertaking, establishment or social family did not eliminate violations within a set time limit;
2) an undertaking, establishment or social family has not commenced the provision of social care within 12 months of the issuance of the licence.
7. The Social Services Monitoring Department must, at least 30 days in advance, give notice of the planned cancellation of a licence to a municipality in the territory whereof an undertaking, establishment or social family provides social services as well as the municipalities whose residents receive these services.
8. An undertaking, establishment or social family must take all possible measures to protect the interests of recipients of social services and to ensure the continuity of the social services required by them in the event of cancellation or suspension of a licence.
 
Article 25. Rules for the Licensing of Social Care Establishments
Rules for the licensing of social care establishments shall be approved by the Government or an institution authorised by it.
 
SECTION SEVEN
PAYMENT FOR SOCIAL SERVICES
 
Article 26. General Provisions Regarding Payment for Social Services
1. The amount to be paid for social services shall be established taking into consideration the type of the social services provided to a person (family) and the financial possibilities of the person (family) to pay for the social services.
2. The amount to be paid for social services may not exceed the amount of expenses on the social services provided to a person (family).
3. The amount to be paid by a person (family) for social services shall be established by a municipality on the basis of a description of the procedure for paying for social services as approved by the Government or an institution authorised by it.
4. A person (family) who receives a social benefit in accordance with the procedure laid down by legal acts or a person (family) whose income (a family’s average income per one family member) is less than three times the amount of state-supported income shall be provided social services and social attendance free of charge.   
5. A municipality shall have the right to exempt a person (family) from payment for social services also in other cases not specified in paragraph 4 of this Article.
6. Sources of payment shall be a person’s (family’s) income, property in money, funds of the person’s adult children and other persons concerned intended to cover expenses on the social services provided to the person (family).
7. A person’s (family) and municipality’s mutual rights and duties regarding payment for social services shall be regulated by a written agreement.
8. Provisions of this Section shall apply to payment for the social services which are planned and organised for a municipal territory’s residents by a municipality and whose provision is financed by the municipality from the funds of its budget or from special targeted subsidies of the state budget to municipal budgets.
 
Article 27. Evaluation of the Financial Possibilities of a Person (Family) to Pay for Social Services
1. A person (one of adult family members) willing to receive social services or his guardian (custodian) must submit information about the person’s (family’s) income listed in Article 30 of this Law.
2. A person willing to receive long-term social care or his guardian (custodian) must submit information about the person’s income indicated in Article 30 of this Law and the property indicated in Article 31 of this Law.
3. Information about a person’s (family’s) income and property shall be submitted in writing by completing an application indicating the person’s data, nature of his (family members’) activities and other information necessary to evaluate financial possibilities to pay for social services.
4. A person’s (family’s) financial possibilities to pay for social services shall be evaluated in accordance with the procedure laid down by an institution of a municipality of the person’s (family’s) place of residence in which the person’s (family’s) need for social services has been established.
5. A person (one of adult family members) receiving social services or his guardian (custodian) must give notice to a municipality of changes in the person’s (family’s) income and property which occurred during the period of receiving these services.
 
Article 28. Amount to Be Paid for Social Services of General Interest
1. The amount to be paid for social services of general interest shall be calculated in accordance with the procedure laid down by a municipal institution.
2. For the purposes of information, consultation, mediation and representation, services shall be provided free of charge.
 
Article 29. Amount to Be Paid for Special Social Services
1. The amount to be paid for social attendance shall be established taking into consideration a person’s (family’s) income.
2. The amount to be paid by a person for social attendance may not exceed 20 per cent of the person’s income.
3. Where social attendance is provided to a family, the amount to be paid may not exceed 20 per cent of the family’s income.
4. The amount to be paid for day or short-term social care shall be established taking into consideration a person’s income.
5. Where a person lives alone or in a family whose income does not exceed three times the amount of state-supported income per one family member, the amount to be paid for the day social care provided to him may not exceed 20 per cent of the person’s income.
6. Where a person lives in a family, and the income of this family exceeds three times the amount of state-supported income per one member of the family, the amount to be paid for the day social care provided to him may not exceed 50 per cent of the person’s income.
7. The amount to be paid by a person for short-term social care may not exceed 80 per cent of the person’s income.
8. The amount to be paid for long-term social care shall be established taking into consideration a person’s income and property.
9. The amount to be paid by an adult for long-term social care may not exceed 80 per cent of the person’s income, where the value of the person’s property is lower than the ratio of property value as established by a municipality of his place of residence.
10. Where the value of an adult’s property exceeds the ratio of property value as established by a municipality of his place of residence, the amount to be paid per month by the adult for long-term social care shall increase by one per cent calculated in respect of the property value exceeding the ratio.  
11. The amount to be paid for long-term social care in respect of a child with a disability may not exceed 80 per cent of his income.
12. Social care for a child deprived of parental care and child at social risk shall be provided free of charge.
 
Article 30. Person’s (Family’s) Income and Calculation Thereof 
1. When establishing a person’s financial possibilities to pay for social services, the person’s income shall include:
1) the income relating to employment or service relations;
2) the income of the owner of an individual enterprise received from the enterprise’s taxed profits;
3) the income from individual activities received under a business certificate;
4) income from agricultural activities;
5) payments for agricultural activities;
6) pensions, pension benefits and compensations and annuities paid instead of the pensions;
7) state social assistance benefits (with the exception of targeted compensations for nursing or attendance (assistance) expenses, in the case of provision of social services of general interest and social attendance) shall be paid according to the Law on State Social Assistance Benefits;
8) maternity and maternity (paternity) benefit;
9) unemployment social insurance benefits paid under the Law on Unemployment Social Insurance;
10) interest;
11) dividends;
12) periodical benefits for the maintenance of a child paid under the Civil Code;
13) income from property rent;
14) work incapacity periodical compensations paid under the Law on Social Insurance of Occupational Accidents and Occupational Diseases or the Provisional Law on Damage Compensation in Accident at Work or Occupational Disease Cases;
15) periodical payments of compensation for damage paid under the Civil Code.
2. When establishing a family’s financial possibilities to pay for social services, where the social services are provided to the family, the family’s income shall include the income of family members as indicated in subparagraphs 1-6 of paragraph 1 of this Article.
3. The income indicated in paragraph 1 of this Article shall be calculated after levying income tax on individuals and deducting state social insurance contributions.
4. The income indicated in subparagraph 4 of paragraph 1 of this Article shall be calculated only subject to agricultural activities accounting documents.
5. A person’s (family’s) income shall be established by calculating the average income of three last months prior to applying for the granting of social services.
6. When establishing a family’s income per one family member, where social services are provided to a person living in the family, the aggregate amount of this person’s income indicated in paragraph 1 of this Article and the entire income of family members indicated in subparagraphs 1-6 of paragraph 1 of this Article shall be divided by the number of all family members.   
7. A person’s (family’s) income shall be calculated on the basis of a description of the procedure for paying for social services as approved by the Government or an institution authorised by it.
 
Article 31. Person’s Property and Calculation Thereof
1. When establishing a person’s financial possibilities to pay for long-term social care, the following property owned by the person by the right of ownership or held during the past year until applying for the granting of social services:
1) structures, including unfinished structures;
2) the motor vehicles subject to compulsory registration;
3) the agricultural equipment subject to compulsory registration;
4) land (including land under forests and water bodies);
5) shares, bonds, bills and other securities;
6) funds.
2. In the cases when the property listed in paragraph 1 of this Article belongs to a person by the right of joint ownership, the person’s property shall include a part of this property belonging to him.
3. In the cases when a person resides with a family and the living quarters of this family are his property held by the right of ownership, these quarters shall not be included in the person’s property.
4. A person’s property shall be calculated on the basis of a description of the procedure for paying for social services as approved by the Government or an institution authorised by it.
 
 
Article 32. Establishment of the Value of a Person’s Property and Ratio of Property Value
1. Ratio of property per person shall be 12 square metres of useful floor space of a dwelling.
2. The ratio of property value shall be established by multiplying the ratio of property by the average market value of immovable property of a person’s place of residence.
3. The ratio of property value shall be established on the basis of the average market prices of immovable property approved by the Commission for Valuation of Property Subject to Obligatory Registration annually on 1 February, 1 May, 1 August and 1 November in Lithuanian cities and municipal centres as well as districts (with the exception of municipal centres) for low-income families to receive cash social assistance.
 
 
SECTION EIGHT
FINANCING OF SOCIAL SERVICES
 
Article 33. General Provisions of the Financing of Social Services
1. Social services shall be financed from funds of the state and municipal budgets, funds of social services establishments, EU structural funds, foreign foundations, sponsorship (donations), person’s (family’s) payments for social services and other funds.
2. State and municipal budgets must allocate the funds required for the provision of social services, implementation of social services programmes and projects, and financing of investments in the development of social services (construction, renovation, development of human resources, introduction of progressive and innovative social services, etc.).
3. The methods of financing of social services and calculation of funds shall be approved by the Government or an institution authorised by it.
 
Article 34. Sources of Financing of the Social Services Planned and Organised by a Municipality for Residents of a Municipal Territory
1. Social services of general interest and social attendance in respect of elderly people, adults with a disability, children with a disability, children at social risk, adults at social risk and their families shall be financed from funds of a municipal budget.
2. Social attendance in respect of families at social risk shall be financed from funds of a municipal budget and from special targeted subsidies of the state budget to municipal budgets.
3. Social care in respect of elderly people, adults with a disability, children with a disability (with the exception of persons with a severe disability), children at social risk, and adults at social risk shall be financed from funds of a municipal budget.
4. Social care in respect of persons with a severe disability shall be financed from special targeted subsidies of the state budget to municipal budgets.
5. Social care in respect of the children deprived of parental care shall be financed from funds of a municipal budget and from special targeted subsidies of the state budget to municipal budgets allocated for the payment of children guardianship (custody) benefits.
6. The use of special targeted subsidies of the state budget to municipal budgets for the financing of social services shall be regulated by the methods of financing of social services and calculation of funds as approved by the Government or an institution authorised by it.
 
SECTION NINE
CONSIDERATION OF THE DISPUTES RELATED TO SOCIAL SERVICES
 
Article 35. Appeals Against the Decisions Related to Social Services
1. A person (one of adult family members) or his guardian (custodian) and other persons concerned may appeal against conclusions of the social workers appointed in accordance with the procedure laid down by a municipal institution regarding the establishment of the person’s (family’s) need for social services to a municipal administration’s director. 
2. In the event of appealing against the conclusions regarding the establishment of a person’s (family’s) need for social services, a commission must be formed by a decision of a municipal administration’s director to once again establish the person’s (family’s) need for social services.  
3. A person (one of adult family members) or his guardian (custodian) and other persons concerned may appeal against conclusions on the establishment of the person’s (family’s) need for the social services financed from special targeted subsidies of the state budget to municipal budgets or on evaluation of the person’s (family’s) financial possibilities to pay for them as well as decisions regarding the granting of these social services to the Social Services Monitoring Department.
4. Upon establishing violations in respect of the establishment of a person’s (family’s) need for the social services financed from special targeted subsidies of the state budget to municipal budgets, granting and provision thereof as well as assessment of the person’s (family’s) financial possibilities to pay for these services, the Social Services Monitoring Department must refer to a municipal administration’s director and require elimination of shortcomings.
5. A person (one of adult family members) or his guardian (custodian) and other persons concerned may appeal against a social services establishment regarding inappropriate provision of social services of general interest and social attendance to a municipal administration’s director. 
6. Upon establishing violations of the provision of social services of general interest and social attendance, a municipal administration’s director must require elimination of shortcomings within a set time limit. Where the violator fails to eliminate the shortcomings, the municipal administration’s director shall have the right to initiate the suspension or discontinuation of the provision of the social services of general interest and social attendance by the social services establishment.
7. A person (one of adult family members) or his guardian (custodian) and other persons concerned may appeal against a social services establishment providing inappropriate social care to the Social Services Monitoring Department.   
8. Upon establishing violations of the provision of social care, the Social Services Monitoring Department shall, in accordance with the procedure laid down by Articles 21-25 of this Law, have the right to suspend or cancel a licence issued to a social services establishment.
9. Disputes over the decisions taken (failure to act) by a municipal institution or the Social Services Monitoring Department shall be considered in accordance with the procedure laid down in the Law on Administrative Proceedings.
 
SECTION TEN
FINAL PROVISIONS
 
Article 36. Implementation of the Law
1. By 1 April 2006, the Government or an institution authorised by the Government shall approve:
1) a description of the procedure for paying for social services;
2) a description of the procedure for establishing a person’s (family’s) need for and granting of social services as well as methods of establishment of the need for social care in respect of a child deprived of parental care, child with a disability, child at social risk, adult with a disability, elderly person and adult at social risk;
3) qualification requirements of social workers and assistant social workers;
4) descriptions of the procedures for improving the professional qualification of social workers and assistant social workers as well as procedure of the performance appraisal of social workers;
5) catalogue of social services.
2. By 1 July 2006, the Government or an institution authorised by the Government shall approve:
1) social care norms;
2) regulations of the Social Services Monitoring Department;
3) methods of planning of social services;
4) methods of financing of social services and calculation of funds.
3. By 1 January 2009, the Government or an institution authorised by the Government shall approve the rules for licensing of social care establishments.
 
Article 37. Requirements for Social Workers
1. Within 5 years of the entry into force of this Law, the social workers not holding a required education must acquire the professional education specified in paragraph 4 of Article 20 of this Law.
2. Where within the time limit laid down in paragraph 1 of this Article a person does not acquire the required education, he shall be deprived of the right to work as a social worker, with the exception of the social workers for whom less than a half of the time limit laid down in paragraph 1 of this Article is left until the acquisition of the required education.
3. Provisions of paragraphs 1 and 2 of this Article shall not apply to the social workers for whom not more than 7 years are left from the entry into force of this Law until the pensionable age.
 
Article 38. Transitional Provisions
1. Provisions of Article 16 of this Law regarding the establishment of a person’s (family’s) need for social services shall not apply to the persons who became entitled to these services prior to the entry into force of this Law, with the exception of the cases provided for in paragraph 2 of this Article.
2. The need for social services in respect of the persons who have been rated as severely disabled in accordance with the procedure laid down by legal acts, Group I invalids or whose capacity for work has been rated at 0-25%, for whom a level of considerable special needs or a special need for permanent nursing or a special need for permanent attendance (assistance) has been established and who commenced to receive social services at the social services establishments financed from funds of municipal budgets prior to the entry into force of this Law must be established anew by 1 July 2006 according to provisions of Article 16 of this Law.
3. The provisions of Section Seven of this Law related to payment for social services in respect of the persons who commenced to receive these services prior to the entry into force of this Law shall not apply, with the exception of the cases when, according to the legal acts valid until 1 July 2006, the amount to be paid by a person for the social services exceeded the amount established by this Law.  
4. Long-term social care in respect of the elderly people, adults with a disability, children with a disability, the children deprived of parental care who commenced to receive it prior to the entry into force of this Law at county governors’ social services establishments shall be financed without applying the provisions of Section Eight of this Law.
 
Article 39. Entry into Force
1. With the exception of the provisions of this Law indicated in paragraphs 2 and 3 of this Article and Article 36, this Law shall enter into force on 1 July 2006.
2. The provisions of Section Tree of this Law related to the application of methods of planning of social services and the provisions of Section Eight related to the financing of social services as well as the provisions of this Law related to the application of social care norms and activities of the Social Services Monitoring Department shall enter into force on 1 January 2007.
3. The provisions of Section Six of this Law related to the licensing of social care establishments shall enter into force on 1 January 2010.
 
Article 40. Repealed Legislation
Upon the entry into force of this Law, the following laws shall be repealed:
1) Republic of Lithuania Law on Social Services (Valstybės žinios (Official Gazette), No 104-2367, 1996);
2) Republic of Lithuania Law Implementing the Law on Social Services (Valstybės žinios (Official Gazette), No 104-2368, 1996);
3) Republic of Lithuania Law Amending Articles 6 and 11 of the Law on Social Services (Valstybės žinios (Official Gazette), No 66-1604, 1997);
4) Republic of Lithuania Law Amending Articles 5 and 6 of the Law on Social Services (Valstybės žinios (Official Gazette), No 43-1603, 2002).
 
 
I promulgate this Law passed by the Seimas of the Republic of Lithuania.
 
 
 
 
PRESIDENT OF THE REPUBLIC                                                 VALDAS ADAMKUS