Family Foster Care Management Approaches

Original Language Title: 家庭寄养管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201503/20150300398676.shtml

Family foster care management approaches

    (September 24, 2014 the Ministry of Civil Affairs, the 54th published come into force December 1, 2014) Chapter I General provisions

    First in order to regulate the foster families, foster children's physical and mental health, in accordance with the People's Republic of China protection of Minors Act and the relevant regulations of the State, these measures are formulated.

    Second foster home in these measures refers to after the procedure provided, commissioned by the Home Department custody of the children in foster care in families eligible models.

    Third family foster care should help foster children's upbringing, development, safeguard the legitimate rights and interests of foster children are not violated.

Article fourth civil affairs departments of the State Council is responsible for supervision and administration of national foster care.

    Local people's Governments at or above the county level civil affairs departments are responsible for the supervision and administration of family fosterage within the administrative area.

    Article fifth home departments of the local people's Governments at or above the county level organization working with child welfare agencies for family foster care.

    Sixth civil affairs departments above the county level people's Governments shall, jointly with relevant departments to take measures to encourage, support eligible families participate in family foster care.

    Chapter II conditions of foster care

Article seventh under the age of 18 years, guardianship in the home departments of the local people's Governments at or above the county level orphans, not find birth parents of abandoned babies and children can be fostered.

    Need persistently rely on medical rehabilitation, special education, and other professional and technical care of seriously disabled children, should not be arranged foster families.

Article eighth foster home shall also satisfy the following conditions: (A) permanent residence and domicile, where the child welfare agency.

Foster children after moving in, per capita living space is not lower than the local average living standards;

(B) have a stable income, per capita income of family members on the ground in the Middle above;

(C) family members are not suffering from any communicable disease or mental illness, as well as other detrimental to children in foster care, the growth of diseases;

(Iv) family members have no criminal record, no bad habits, relationship and rapport with neighbors;

(E) primary care person under 30 years of age above 65 years old, good health and has the ability to care for children, experience, junior high school or higher education.

    Medical rehabilitation, social work, mental health, cultural expertise, such as family and voluntary unpaid caring families, under the same conditions is preferred.

    Nineth each foster home foster care children number not more than two persons, and the family has no children under the age of six.

    Article tenth foster care of children with disabilities, should be given priority in health care, special education, rehabilitation and training conditions to select foster families in the community.

    11th foster children above 10 years of age, shall obtain the consent of a foster child's consent.

    Chapter III foster the establishment of the relationship

Article 12th family foster care relationship shall be subject to the following procedures: (A) application.

Foster homes to be carried out shall apply in writing to the child welfare agency, and provides a booklet, copies of identity cards, family income and housing conditions, family health, and agreed to apply for evidence; (B) assessment.

Child welfare authorities shall organize professional or authorized third party professional agencies such as social service agencies to apply for it to conduct field investigations, verifying family foster care and raising capacity, about their neighborhoods, social communication, has no criminal record, a community environment, and according to the assessment findings; (C) audit.

Child welfare authorities should be based on the assessment of the application for review, determined the competent departments of Civil Affairs for the record; (Iv) training.

Child welfare authorities should be training for foster families to care for people; (E) signing. Child welfare agencies should foster the agreement with foster families caring for, clear term for foster care, foster both rights and obligations, foster family of the main caregivers, foster integration period, breach of contract and deal with such matters.

    Foster home agreement signed by both parties (seal) from the date of entry into force.

13th a foster home shall fulfil the following obligations:

(A) protect the safety of foster children, respect for the foster child's human dignity;

(B) providing care for foster children, meet their daily nutritional needs, helping them improve self-care skills;

(C) the training of foster care children's health psychological quality, set a good moral values; (D) in accordance with State regulations place foster children in preschool education and compulsory education.

Responsible for communicating with the school, with school and make school education of the children in foster care; (E) for sick children in foster care arrangements in a timely manner to heal.

Foster children become acute, severe cases, treatment should be carried out promptly, and to report to the child welfare agency;

(F) collaboration with child welfare agencies for the provision of assistance for children with disabilities in foster care therapy, functional rehabilitation, language training for deaf services;

(G) facilitating child welfare foster care children sent to work;

(VIII) reflect the development of foster children to child welfare organizations on a regular basis, and receive visits, training, supervision and guidance;

(IX) shall promptly report to child welfare authorities address change of the family;

    (10) to protect the interests of the other foster children should be guaranteed.

14th child welfare institutions mainly undertakes the following responsibilities:

(A) development of family foster care and organize the implementation of the work plan;

(B) responsible for the foster home recruitment, research, review and sign;

(C) the training of primary care in foster families, organizations foster the exchange of experience activities;

(D) regular visits to children in foster care and deal with existing problems;

(E) monitoring, evaluating the foster family upbringing;

(F) establishment of family foster care records and safekeeping;

(G) according to the provisions of the agreement needed to foster children;

    (H) to the competent departments of civil affairs reflect the family foster care work and recommendations in a timely manner. 15th main caregivers of foster care agreement may not be altered.

    Alteration shall be agreed by the child welfare agency, after training at the foster home agreement mainly take care of one column changes.

    16th foster integration time period shall not be less than 60 days. 17th foster family has stipulated in the agreement in the near future are unable to care for foster children, child welfare agencies should provide short-term nursing services for foster children.

    Short-term nursing services generally not later than 30th.

    18th foster children in foster care during the migration formalities, does not change the guardianship with the Civil Affairs Department.

    The fourth chapter foster dissolution of relationships Foster family proposes to terminate the foster care relationship of 19th article, to child welfare authorities in writing one month before lifting applications for foster care, child welfare authorities should be lifted.

    But proposes to terminate the foster relationship except during the fusion period.

20th foster family has any of the following circumstances, child welfare agency shall cancel the foster care relationship:

(A) the foster family members and discrimination, abuse of foster children;

(B) members of the foster family health, conduct not in conformity with article eighth of this approach (c) and (d) provisions;

(C) significant changes in the foster family, resulting in inability to perform obligations of foster care;

(D) foster home change home does not comply with the provisions of article eighth;

(E) external fund-raising for foster families took the opportunity to accumulate wealth;

    (Vi) other circumstances as foster family not to implement the agreement.

21st foster child has any of the following circumstances, child welfare agency shall cancel the foster care relationship:

(A) the deteriorating relationship between foster children and foster families, cannot live together;

(B) foster children adopted according to law, is claimed by birth parents or other guardians;

    (C) foster child needs foster care for medical, education and other special reasons. 22nd release of the family foster care, child welfare authorities shall in writing notify the foster families, and reported to the competent Department of Civil Affairs for the record.

    Dissolution of family foster care is subject to child welfare agency approval.

    Article 23rd when child welfare authorities to be raising foster children, should be submitted by placing out the material at the same time notify the foster family.

    Article 24th home foster care after the termination of child welfare agencies should be properly placed foster children, and arrange social work, rehabilitation, mental health, care, education and other professional and technical personnel to make.

    25th willingness to comply with conditions and adoptions of foster families, may, in accordance with priorities adopted were foster children.

    Supervision and administration of the fifth chapter

26th local people's Governments at or above the county level shall supervision and administration of family fosterage in the Ministry of civil affairs sector has the following responsibilities:

(A) the family fosterage policies can be enacted;

(B) Guide and check regional family foster care work;

(C) record responsible for foster care agreement, monitoring the performance of foster care agreement;

(D) resolve disputes between foster families and child welfare agencies;

    (E) in consultation with the relevant departments and deal with family problems in the work.

27th cross county or family foster care district municipal boundaries shall be subject to district level people's Government departments agreed on the common.

    Not across provinces, autonomous regions and municipalities to carry out family foster care.

    28th child welfare agencies should be employed with social work, medical rehabilitation and mental health education, professional full-time staff.

Article 29th home foster care funding, including foster care, child rearing expenses subsidies, such as foster families and foster care services subsidy funds. Foster care child care fee subsidies in accordance with the relevant provisions of the State expenditures.

    Foster domestic service allowance, foster care funding is guaranteed by the local government.

    Article 30th home foster care funds must be earmarked, child welfare authorities shall intercept or misappropriate it.

31st child welfare agency can through cooperation with social organizations, by accepting donations eligible for financial assistance.

    And foreign social organizations and individuals to carry out cooperation with the family foster care-related projects, should be in accordance with the relevant rules of procedure.

    The sixth chapter legal liability
Article 32nd foster family fails to fulfil the obligations as provided herein, or change the primary care person without consent, and child welfare agencies can urge their correction, in serious cases, may terminate a foster care agreement.

Foster family members against the legitimate rights and interests of children in foster care, cause damage to property, he shall bear civil liability constitutes a crime, criminal responsibility shall be investigated according to law.

Article 33rd child welfare agency any of the following circumstances, criticized the Civil Affairs Department of education by the establishment of the institutions and shall be ordered to correct serious to the direct responsible person in charge and other direct liable persons shall be given administrative sanctions:

(A) the provisions of these measures are not in accordance with the responsibilities;

(B) in the handling of family fosterage profit, damaging the interests of foster children;

(C) negligence lead to foster care agreement is not performed properly;

(Iv) across provinces, autonomous regions and municipalities to carry out family foster care, or without the permission of the higher authorities across the county or municipal district administrative area foster families;

    (E) is not in accordance with the relevant rules of procedure, arbitrarily and outside community organizations or individuals carrying out family fostering cooperation projects. 34th civil affairs departments above the county level people's Government does not fulfil family foster care responsibilities, the upper-level people's Government departments of civil affairs ordered to correct.

    The circumstances are serious, the directly responsible person in charge and other direct liable persons shall be given administrative sanctions.

    The seventh chapter by-laws

    Article 35th of vagrants and beggars with no minors assume temporary guardianship of a minor family foster care of the relief agencies, in accordance with the measures implemented.

    Article 36th established child welfare agencies, local people's Governments at or above the county level family foster Home Affairs Department responsible for the administration of organization and implementation, in particular by reference to these regulations. 37th article of the measures shall take effect on December 1, 2014, issued in 2003, of the interim measures for the administration of family fosterage ((2003), 144th) repealed simultaneously.