Advanced Search

Datong City Foundling Abandoned Measures To Protect The Interests

Original Language Title: 大同市弃婴弃儿权益保障办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

(Prelease No. 45 of 9 October 2003 of the Decree No. 45 of 9 October 2003 of the People's Government of the city)

Chapter I General
Article 1 promotes the development of the cause of social welfare in order to guarantee the legitimate rights and interests of the abandoned child and to develop this approach in line with relevant national legislation.
Article 2
Article 3. The Government's Civil Affairs Department is responsible for the management of abandoned children within the city's administration.
The various districts (zone) civil affairs departments are responsible for the management of abandoned children within the territory.
The relevant sectors, such as finance, public safety, health, education, labour and social security, should be effectively guaranteed by their respective responsibilities for the legitimate rights and interests of abandoned children, medical, rehabilitation, education, employment.
The municipal social welfare agencies are responsible for the maintenance of services for abandoned children within the urban area.
Article IV. Governments at all levels should guarantee the necessary funding and corresponding preparation for the management of children abandoned.
Article 5 Socialization of child rights guarantees and promotion of care and funding by all communities of society for abandoned children.
Chapter II Accepted
Article 6. The civil service or social welfare agency assumes the reception of child abandonment. A child who has been abandoned at the civil service, the social welfare agency's door has been confirmed; a baby who has been abandoned in other locations should be investigated or investigated in a timely manner after the public security sector has received a report and transferred to the social welfare institution with the corresponding material. Other units and individuals may not be transferred to abandoned children.
Article 7. The public security sector, after having received a child abandonment case, should actively organize the detection and identification of his or her parents. It is true that children who are not born may be identified as abandoned and transferred to social welfare institutions.
The public security sector should be transferred to abandoned babies and should produce effective documentation and provide a case investigation report. The content of the case investigation reports should include chewings, the basic situation of the tiny, location, investigation, results.
The public security sector does not provide a case investigation report, and the civil service or social welfare agencies have the right to refuse receipt.
Article 8. The public security sector should have relevant evidence of the temporary failure to confirm the abandonment of a child, entrusting social welfare institutions with alternative care. The public security sector should be actively conducting investigations during the generation period. More than 60 days have not been identified for their parents, and social welfare agencies can be seen as abandoned and processed.
The cost of abandoning children during the detection period is guaranteed by the financial sector.
Article 9. The public security sector is responsible for the management of the home of children abandoned.
Chapter III
Article 10 was abandoned by the receiving child and its statutory guardian was a social welfare institution entrusted by the local people's Government's civil affairs or civil affairs.
Article 11. Social welfare institutions are responsible for the abandonment of the parenthood.
Social welfare institutions must continuously improve internal management, raise the level of services, ensure the well-being and healthy growth of infants.
Article 12. The cost of child-rearing by social welfare institutions should be included in the local financial budget, which should not be less than the average standard of living of the local population and increase accordingly in the national economy.
Article 13. Social welfare institutions may, in accordance with local realities, take a variety of forms of institutional support, family care and social support for the abandonment of children.
Article 14.
Article 15. Social welfare institutions and foster families shall, on a voluntary basis, enter into written foster agreements to guarantee the legitimate rights and interests of children fostered.
The following conditions should be met for foster families:
(i) Have a family gallery;
(ii) The family has permanently lived in the physical health of the population, with no mental health and epidemics;
(iii) Family and good-neighbourliness;
(iv) The absence of criminal penalties for family members;
(v) There are relatively stable economic revenues;
(vi) There are fixed housing.
Article 16 Social welfare institutions should effectively perform managerial, service, oversight responsibilities, set up dedicated institutions and personnel to enable the selection of foster families, monitoring of the foster process and post-care assessment. The cost-of-living of children should be paid on time.
An incentive can be given to foster families that have made a significant contribution to raising children.
Article 17 The fostered family shall assist social welfare institutions and work such as education, health care for children. The fostered family, as a holder of the abandoned child, is responsible for guaranteeing the safety of the abandoned child and assumes the corresponding legal responsibility. Children cannot be abused.
Chapter IV Adoption
The adoption of the Act on Adoption of the People's Republic of China should be governed by article 18.
Article 19 encourages and promotes the abandonment of children and orphaned children by domestic and foreign social welfare agencies.
Article 20 provides that social welfare institutions, as a guardian of children and orphans, should select appropriate adoptive families in accordance with the principle of “every child”.
Chapter V
Article 21 has the right to medical rehabilitation for children who have been abandoned, and all parties in society should be actively rescued.
Article 22 Governments at all levels should incorporate the health needs of unaccompanied children, such as medical, preventive, health, rehabilitation and rehabilitation, into their regional health development planning, actively support community health services in carrying out work such as unaccompanied child health care, prevention, health, rehabilitation and health education, and encourage and empower social forces to organize non-profit medical institutions for unaccompanied children.
Article 23 of the health sector should organize rehabilitation operations for unaccompanied and residues for social welfare agencies, and be paid in hospital fees, treatment fees and operating expenses; and social welfare institutions should work actively in conjunction with rehabilitation guarantees.
Article 24 requires all levels of government to be systematically equipped with medical equipment for social welfare institutions, and civil affairs, the health sector should be jointly equipped with the necessary professional technical training of health-care personnel to effectively improve their medical levels.
Chapter VI Education
Article 25 effectively guarantees the right to education for children up to social welfare institutions.
Article 26 Nophans enrolled in primary and secondary schools are exempted from charge, book books, borrowing fees; no tuition fees and accommodation fees are paid for those orphaned by high schools (schools), technicians, secondary and higher schools.
The twenty-seventh education sector should systematically arrange unaccompanied children who depend on social welfare institutions to attend vocational or technical schools and give priority to care.
Employment
The right to work is enjoyed by unaccompanied young people who are dependent by social welfare institutions. Undoubted young people should be self-sufficient to alleviate the burden of the State.
The proper placement of unaccompanied youth employment is a shared responsibility of society.
Governments at all levels should organize the employment of unaccompanied youth, with a proportion of social welfare agencies, through a variety of employment channels, and select appropriate jobs and jobs for them.
Article 33 Plans, mass graduates of the personnel sector for the support of social welfare institutions should be given priority.
The labour and social security sector unaccompanied young people who depend on social welfare institutions should be given free induction training and recommended employment.
Chapter VIII Legal responsibility
Article 31 Families who have abandoned babies are fined by the public security sector in accordance with the relevant provisions; constitute a crime and hold criminal responsibility under the law.
Article 32 provides administrative treatment to social welfare institutions and their staff who violate the legitimate rights and interests of abandoned children, which constitute a crime and hold criminal responsibility under the law.
Article 33 provides criminal liability for units and individuals that violate the rights of the child and other legitimate rights.
Chapter IX
The question of the specific application of this approach is explained by the Government of the city.
Article 55 of this approach was implemented effective 1 November 2003.