LAW NO. 21.140 AMENDS LAW NO. 20,032, WHICH ESTABLISHES A SYSTEM OF CARE FOR CHILDREN AND ADOLESCENTS THROUGH THE NETWORK OF COLLABORATORS OF THE SENAME, AND ITS SUBSIDY REGIME AND DECREE LAW NO. 2,465, OF THE YEAR 1979, OF THE MINISTRY OF JUSTICE, WHICH CREATES A SYSTEM OF CARE FOR CHILDREN AND ADOLESCENTS. THE NATIONAL SERVICE OF MINORS AND FIXED THE TEXT OF ITS ORGANIC LAW Having present that the H. National Congress has given its approval to the following, Bill: " Article 1.-Introduces the following amendments in Law No 20,032, which establishes System of Care for Children and Adolescents through the network of SENAME collaborators, and their regime Grant: 1. In Article 2: (a) Redeploy the numeral 1) by the following: " 1) Respect, promotion, reparation and protection of the human rights of persons under eighteen years of age contained in the Political Constitution of the Republic, the Convention on the Rights of the Child, the other international treaties in the matter ratified by Chile and which are in force, and the laws issued according to them, assuring the conditions that grant the necessary biopsychosocial welfare, as well as the effectiveness of their rights and the environmental conditions and opportunities that children and children "(b) Replaces in numeral 2) the final expression", and "by a point and apart," according to its stage of development. (c) Add the following numerals (4), (5), (6), (7), (8) and (9): " 4) The transparency, efficiency, effectiveness and proper administration of the resources that make up the grant, in their destination for the attention of children and adolescents. To this end, the SENAME shall monitor, monitor and periodically evaluate the execution and outcome of the various lines of action developed by accredited collaborators, in the technical and financial fields, and in others that result relevant to their proper performance. 5) The probity in the exercise of the functions they perform. Any manager, professional and person who performs in collaborating agencies must observe an unblemished conduct and an honest and loyal performance of his duties with preeminence of the general interest on the particular. The public resources to be received by grant shall be deposited and administered in the manner determined by the regulation. 6) Responsibility in the exercise of the public role they develop. Legal persons acting as State aid agencies shall be responsible for the damage, judicially determined, which have been caused by serious violations of the fundamental rights of children, Girls and adolescents caused by both their own and their dependents, unless they prove to have employed careful diligence to avoid them. The above, without prejudice to the civil liability which for the same facts can correspond to the natural person who executed the facts. The provisions of the preceding paragraph shall also apply to natural persons who are established as accredited collaborators. Without prejudice to this, the State shall ensure timely and preferential access to health care and health rehabilitation services available in the State, for children revictimized within the national protection system. 7) The dignified treatment avoiding discrimination and stigmatization of the subjects of attention and of their family. They must receive at all times and in any way the dignified treatment that corresponds to every human person. Particular care must be taken in the measures, reports or resolutions that have an effect on family separation decisions. 8) Objectivity, quality, suitability and specialization of the work, which will be performed according to the corresponding disciplines. The technical guidelines referred to in the regulation of this law shall establish, at least, the requirements, minimum benefits and time limits to be met by the Service and the accredited collaborators to ensure compliance with this law. this principle. 9) Participation and information at each stage of the intervention. The opinion of the child, child and adolescent in respect of the intervention processes, depending on their age and maturity, shall be reported and taken into account. "2. In Article 3, the following final indent:" The action line of (a) a diagnosis shall be made exclusively for the purposes of implementing it, and the accredited collaborating bodies which develop it shall not be able to implement any other, in order to safeguard the independence and impartiality of the other lines of action. " 3. In Article 4: (a) Substitute in the first paragraph of the numeral 1) the word "develop" by the phrase "to fulfill the public role of attention and care of the children developing". (b) in numeral 2): i. Incorporate in the first paragraph, following the initial word "Register", the "public" voice. ii. Replace in your second paragraph the end point and comma by a point and apart. iii. Add the following final paragraph: "Registration shall include specifically sanctioned and disabled collaborators, in accordance with the provisions of the Regulation, without prejudice to the provisions of Article 21 of Law No 19,628;". 4. In Article 7: (a) In the first subparagraph: i. Replace numeral 1) by the following: " 1) Persons who appear on the register of persons with a prohibition to work with minors; those who appear on the register of convicted persons for acts of domestic violence established in law N ° 20.066; or those who have been convicted of a crime or a crime which, by its nature, makes it clear that it is not appropriate to entrust them with the direct attention of children or adolescents, or to entrust them with the administration of economic resources. ". ii. Replace in numerals 2) and 3) the end point and comma and the final expression ', and', respectively, by a point and apart. iii. Add the following numerals (5) and (6): " 5) Persons who have served as national or regional manager of the SENAME, during the year prior to the application for recognition of the quality of accredited contributor. 6) Natural persons who have been part of a directory, legal representatives, managers or administrators of a contributing body, who have been convicted of anti-union practices, infringement of the fundamental rights of the worker or (b) The second and third points are replaced by the following: " The incompatibilities and incompatibilities set out in the preceding paragraph are apply also to natural persons who apply for accreditation as collaborators . The inskill set out in the numeral 1) of this article shall apply to any natural person who performs direct treatment with the children and adolescents cared for. " 5. Incorporate the following Article 9a: " Article 9a.-In addition to the causes mentioned in the previous article, the recognition of accredited collaborator may be revoked by a resolution founded by the National Director of the Service, when SENAME on more than one occasion has put an early term to an agreement with respect to the same accredited contributor. " 6. The following final points shall be incorporated in Article 11: " The accredited contributing body must consult the register provided for in Article 6a of Decree Law No 645 of the Ministry of Justice of 1925 on the Register. General of Convictions, in respect of persons who, in any form, provide services to them in the care of children and adolescents. They shall also be unable to carry out direct treatment in accredited collaborating bodies, which have a severe dependence on illegal narcotic or psychotropic substances, unless they justify their consumption by a treatment "7." 7. "Medical or Problematic Alcohol." 7. Incorporate the following Article 13a: " Article 13a.-Accredited contributors who are receiving grants under this law shall forward annually to the SENAME and publish and keep updated on their respective web pages at least the following information: 1) Identification of the entity. 2) General and context information considering the following: corporate governance structure and its payroll, including updated information regarding its board members, legal representatives, managers or administrators; operational structure, values and principles, main activities and projects, identification and involvement with interest groups, practices related to the assessment or measurement of user satisfaction and results, participation in networks and processes of coordination with other actors, and complaints or incidents. 3) Performance information, taking into account the following: objectives and management indicators; financial indicators, including operational income and its origin and other relevant indicators; reception of tax benefits; administrative and remuneration of its principal executives. 4) Tax balance or table of income and expenditure. 5) General and context information concerning the technical and professional skills of its staff, especially considering those who perform their duties in residential centres. 6) Responsible for the veracity of the information. The detail of the contents of each of the preceding numerals will be set out in the respective regulations. In addition to the above, the information referred to must be systematized by each contributing body in such a way as to enable people to understand it. " 8. The following final points are added to Article 25: " Dent (a) The suitability, timeliness and quality of the technical proposal for intervention aimed at the repair and restitution of the rights of children and adolescents. b) The proposal for the management of networks for timely access to the education and health benefits of children and adolescents. c) In the case of centers of residences, actions will be included to the family reconnection or the search for a measure of definitive care with a family base. The above, in addition, of the principles laid down in Article 2. ' 9. Replace in Article 30 (3) the words "8.5 to 15 USS monthly." For "15 to 30 USS monthly." 10. Replace Article 36 by the following: " Article 36.-The evaluation of the conventions shall be directed to verify: 1) Respect, promotion and protection of the rights of children and adolescents and their families. 2) Compliance with the objectives of the Convention. 3) The achievement of the expected results specified in the respective convention. 4) The quality of the care provided by minors and their families, the state of health and education of the children and adolescents residing in it, and the physical conditions of the residence centre, if any. 5) The criteria used by the accredited partner to decide the income and discharge of children or adolescents. 6) The transparent, efficient, effective and appropriate administration of the resources that make up the grant, in accordance with the purposes for which it has been granted, according to the applicable eligible line of action. They shall be regarded as objective criteria, at least the following: (a) To grant a dignified and respectful treatment to children and adolescents. b) Family-based Revinculation or the search for a family-based definitive care measure. c) Timely assistance in access to the education and health benefits of children and adolescents. d) The suitability and relevance of the intervention carried out by the collaborating agencies aimed at the restitution of the rights of children and adolescents. The regulation will develop these criteria, considering and weighting mechanisms that incorporate the reports of visits made by the judges according to the provisions of Law No. 19,968, which creates the Family Courts, as well as other reports emanated from organizations and institutions that aim to promote, protect or defend the rights of children, and the opinion of children, girls and adolescents, and should be maintained due to the personal data of those who participate in them. In the same sense, the regulation will determine the periodicity and timing of the evaluation of the respective conventions and the mechanisms, methodologies and procedures for such evaluation, and may consider audits, account statements, impact assessments, emissions of reports on the use of the grant, among others. It will also point out the mechanisms by which accredited collaborators will be able to know the methodology used for these effects. The accredited contributor may not receive new funds as long as he has not complied with the obligation to account for the investment of the transferred amounts, and must repay the respective funds when the investment does not meet the objectives of the projects. " 11. Add the following Article 36a: " Article 36a.-As a consequence of the assessment referred to in the preceding article, the SENAME may issue special instructions to the accredited collaborators, indicating the deficiencies to correct, in order to ensure that the body adopts the appropriate measures within the time limit to be determined by the Service, which may not exceed 90 days, and may be extended for once and for the same period, in the case of justified reasons. Exceptionally, and only in cases where the nature of the instructions ordered to comply requires it, a higher deadline may be established for its compliance. The unjustified delay in the performance of the instructions shall be sanctioned in accordance with the provisions of Article 37. The above is without prejudice to the adoption by the SENAME of the other actions that the current legislation provides. " 12. Replace Article 37 by the following: " Article 37.-In addition to the faculty enshrined in the previous article, the SENAME may terminate early or modify the conventions in any of the following situations: (a) When the objectives are not met, or the results are not achieved in the degree agreed to as minimally satisfactory, or when the rights of the children or adolescents are not being properly respected. (b) Where the instructions given in accordance with the provisions of the previous Article have not been executed within the time limit specified by the Service. (c) When any of the budgets laid down in Articles 16 and 17 of Decree Law No 2,465 of the Ministry of Justice, 1979, which creates the National Service of Minors and sets the text of its organic law. (d) Where the staff of the accredited collaborators who contract for the implementation of the respective convention are on the register of persons with a prohibition to work with minors or on the register of convicted persons for acts of violence within the family established by law No 20,066; or has been convicted of a crime or a simple offence which, by its nature, shows the inconvenience of giving them the direct attention of children or adolescents. In these and all cases in which it is appropriate, the collaborators will be able to claim the resolutions of the SENAME, in accordance with the provisions of Law No. 19,880. The early termination of the agreements shall be binding if, during their execution, serious violations of the fundamental rights of any of the children or adolescents attributable to the responsibility of the contributing body in the Article 2 of this Law, as determined by a court judgment. '. Article 2.-The following amendments are made to Decree Law No 2,465 of 1979 of the Ministry of Justice, which creates the National Child Service and sets the text of its organic law: 1. In the first paragraph of Article 1, replace the (a) Replace the numeral 8 by the following: " 8.-General and regular instructions for the adequacy and constant improvement of the services provided. in accordance with the criteria laid down in Article 36 of Law No 20,032. Similarly, it shall instruct them in a specific and specific manner for the same purpose at any time necessary and, in particular, on the occasion of the evaluation processes referred to in Article 36. '; b) Intercalase the following numeral 9, new, passing the current 9 to be numeral 10, and so on: " 9.-Imparting instructions to the agencies interveners in the terms indicated in the numeral above, those that will be required to deliver the information requested within the time limit and form that is required. An entity shall mean any natural or legal person who administers residential centres which are under the care of children or adolescents of which this law is concerned and which is not covered by Law No 20,032. The supervision that has the purpose of verifying the respect of the fundamental rights and guarantees of children and adolescents in reception will be carried out at any time, without prior notice. In order to establish a register of interveners, it may request a variety of legal and financial or other antecedents of a relevant nature. " 3. In Article 15: (a) In the first subparagraph: (i) Add, following the word 'general', the words 'and particulars'. (ii) Replace the phrase 'and permit' by the phrase 'by adjusting and collaborating with'. (iii) Reposition the expression 'technical supervision' for 'technical and financial supervision and control'. (b) Substitute the second and third points of the following: " If the institutions referred to in the foregoing paragraph do not give full and timely compliance to the general instructions provided by the law to the Service, it shall be immediately subject to the provisions of Articles 9a and 37 of Law No 20,032, which establishes the System of Care for Children and Adolescents through the network of SENAME collaborators, and their grant scheme. " Article 3.-The amendments to be made to the Supreme Decree No. 841 of 2005 of the Ministry of Justice, which approves the regulation of Law No. 20,032, which establishes the System of Attention to Children and Adolescents through the network of In addition, the Minister of Finance will also have to subscribe to the SENAME staff, and its grant scheme, as well as the new regulatory bodies that replace it. Article 4.-The highest fiscal expenditure representing the implementation of this law during the first financial year of its term will be financed from the budget of the Ministry of Justice and Human Rights. However, the Ministry of Finance may supplement the budget in what is missing from the budget item Treasury. In the following years, the resources will be consulted in the respective Public Sector Budget Law, according to the Supreme Decree No. 841, 2005, of the Ministry of Justice. Transitional provisions Article 1.-Within six months of the publication of this law, the SENAME shall draw up the registration of the interveners, referred to in Article 3 (9) of Decree Law No 2,465, of the Ministry of Justice, of 1979, which creates the National Service of Minors and establishes the text of its organic law. Article 2.-The entry into force of the incompatibility established in the final paragraph of Article 3 of Law No 20,032 shall be carried out in a gradual manner, in so far as the conventions of the diagnostic action line are in compliance with their (a) the time limit for the automatic renewal, in order to implement the separation of the lines of action without affecting the rights of the persons concerned. '; And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, January 24, 2019.-SEBASTIAN PINERA ECHENIQUE, President of the Republic.-Juan José Ossa Santa Cruz, Minister of Justice and Human Rights (S).-Francisco Moreno Guzmán, Minister of Finance (S). What I transcribe to you for your knowledge.-Salutes intently to Ud., Sebastian Valenzuela Aguero, Assistant Secretary of Justice (S).