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Repealed - Whereby The Comprehensive Care Of Children From Early Childhood Sectors Classified As 1, 2 And 3 Regulates Sisbén

Original Language Title: DEROGADO - Por la cual se reglamenta la atención integral de los niños y las niñas de la primera infancia de los sectores clasificados como 1, 2 y 3 del Sisbén

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LAW 1295 OF 2009

(April 6)

Official Journal No. 47,314 of 6 April 2009

28 of Act 1804 of 2016 >

18 this law takes effect from the six (6) months of its enactment once the National Government, in accordance with the provisions of the article 3o, do project planning and set goals to achieve total and comprehensive coverage of children from the first childhood of the Sibben levels 1, 2 and 3 during pregnancy and from the birth up to six years >

CONGRESS OF THE REPUBLIC

For which comprehensive care is regulated for children in early childhood in sectors classified as 1, 2 and 3 of the Sisben.

Vigency Notes Summary

COLOMBIA CONGRESS

DECRETA:

TITLE I.

GENERAL PROVISIONS.

ARTICLE 1o. OBJECT. 28 of Law 1804 of 2016 > Contribute to improving the quality of life of pregnant mothers, and girls and boys under the age of six, classified at levels 1, 2 and 3 of the Sisben, progressively, through an inter-institutional articulation that forces the State to guarantee its rights to food, adequate nutrition, initial education and comprehensive health care.

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ARTICLE 2o. CHILDREN ' S RIGHTS. 28 of Law 1804 of 2016 > The rights of children begin from gestation, precisely in order to ensure their physical and mental integrity at birth. The children of first childhood Colombia, levels 1, 2 and 3 of the Sisben, require the priority attention of the State to live and form in conditions worthy of protection.

The state will guarantee minors, from the zero to six years, as a matter of priority, the rights enshrined in the National Constitution and in the laws that develop their rights. Minors will receive their maternal feeding, if possible, during the first few years and will access an initial education, which may have flexible methodologies.

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ARTICLE 3o. PROPOSAL FOR INTER-INSTITUTIONAL COORDINATION FOR THE COMPREHENSIVE CARE OF THE TARGET POPULATION. 28 of Law 1804 of 2016 > In a maximum term of six (6) months, after the enactment of this law, the Ministries of Hacienda, Educación, Protección Social and the Colombian Family Welfare Institute-ICBF, under the coordination of the National Planning Department, will present a proposal for comprehensive care that will be planned beyond the programs already come by, to guarantee to the woman in pregnancy and to the children of six (6) years, Levels 1, 2 and 3 of the Sisben, progressive and comprehensive access to health, food and education, which also has the financial support, to be effective.

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ARTICLE 4. MODEL ACTORS. 28 of Law 1804 of 2016 > Those responsible for the development of the process and the comprehensive care model will be the Ministry of Social Protection, the Colombian Family Welfare Institute (ICBF), and the Ministry of National Education, as well as departmental, municipal and district governments.

At the national level, the Ministry of Social Protection, the Ministry of National Education and the Colombian Family Welfare Institute will have to act in a coordinated manner, with a view to guaranteeing the integral character of the model of care, agreement with its responsibilities and powers. At the territorial level, the coordinated action of the Secretariats of Health and Education, as well as the sectionals of the Colombian Family Welfare Institute, will be promoted.

The Ministry of Social Protection will ensure that women in pregnancy and all children in the early childhood of the levels 1, 2 and 3 of the Sisben are covered in health and by health promotion and prevention programs. of the disease, in accordance with the provisions of Articles 29 and 46 of Law 1098 of 2006.

TITLE II.

COMPREHENSIVE CARE MODEL.

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ARTICLE 5o. DISTRIBUTION OF ACTORS ACCORDING TO AGE. 28 of Law 1804 of 2016 > The Ministry of Social Protection will ensure that pregnant women at levels 1, 2 and 3 of the Sisben have the necessary health care, nutrition and dietary supplements to ensure adequate training of the child during fetal life and that they, from birth to six years of age, remain linked to the health system.

The Ministry of National Education and the Colombian Family Welfare Institute-ICBF- directly or in a contracted way, according to their competencies, will have the responsibility of integral nutrition, initial education according to models Flexible pedagogy designed for each age, and psychological support where necessary, for children of early childhood classified at levels 1, 2 and 3 of the Sisben.

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ARTICLE 6o. GENERAL RESPONSIBILITY OF THE TERRITORIAL AUTHORITIES. 28 of Law 1804 of 2016 > The departmental, municipal and district governments will ensure the development of comprehensive care plans for early childhood, based on in local diagnoses, about the challenges and opportunities facing this population, for the effective enjoyment of their rights. The coordination between the agencies responsible for their development, as well as between the actors of the territorial level and the national level, should be promoted in the framework of the proposal for comprehensive care of women in pregnancy and children of the early childhood, which is dealt with by article 2or.

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ARTICLE 7o. SUPPORT FROM OTHER INSTITUTIONS. 28 of Law 1804 of 2016 > The Ministry of National Education, with the support of the Colombian Family Welfare Institute, will promote the design and discussion of guidelines The curriculum, which may be incorporated by the higher standard, with a view to promoting the training of professionals trained to care for children of early childhood, levels 1, 2 and 3 of the Sisben, in care work in the nutrition, achievement of specific skills through flexible and special methodologies and values training.

Hospitals should create outpatient nutritional recovery programs that involve assessment, treatment, and follow-up processes for the child; and training in better food practices for parents and/or parents. Caregivers.

PARAGRAFO. Similarly, the Ministry of National Education will make a diagnosis on the existing offer in the Higher Normal, the Universities and Institutions of Higher Education of training programs. integral for early childhood, for children with or without some kind of disability or geniuses and with special skills.

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ARTICLE 8o. INFRASTRUCTURE. 28 of Law 1804 of 2016 > The infrastructure for the provision of these services (comprehensive care facilities, welfare centers, youth homes, gardens, ludoteca and children's schools) will be initially, the one that exists in each place of the country, both in urban and rural areas, incorporating public spaces such as parks and recreation areas, but a plan of gradual development of the constructions, adaptations, and endowment must be developed on the equipment and instruments which are necessary, in order to provide them with suitable spaces, materials and environments according to age, with dining rooms, play sites and fun and suitable spaces for training. This should contribute to the departmental, municipal and county level state entities, in accordance with the plan that has previously been established.

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ARTICLE 9o. PARTICIPATION OF MODEL ACTORS. 28 of Law 1804 of 2016 > The Ministry of National Education, the Ministry of Social Protection and the Colombian Family Welfare Institute, will cover with their capacities and resources in the least developed areas of the country, leaving aside the responsibility enshrined in Law 1098 of 2006, in departments, municipalities and districts that demonstrate insolvency to provide the service, certified by the National Department of Planning, according to the regulations that for such The National Government will issue an issue. The departments, with the sectionals of the ICBF and the Secretariats of Education and Health, will cover in their region the peasant areas, and the municipalities, with the localities of the ICBF and the Secretariats of Education and Health, their respective municipality or district. Each region must assume the commitments that correspond to it, in accordance with the goals set forth in the proposal for comprehensive care, as provided for in this law.

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ARTICLE 10. OF THE PHYSICALLY OR MENTALLY DISABLED. 28 of Law 1804 of 2016 > Children of the first childhood with physical or mental disabilities, levels 1, 2 and 3 of the Sisben from birth to six years, who for their Physical or mental conditions cannot be in the traditional training centres, they must receive special attention and specialized in places adapted for such purposes. The faculties of Education of the Public Universities, the Higher Education Institutions and the Higher Normal, at the national level and in the regions, according to the policies outlined by the Ministry of National Education, will have to design and implement flexible programmes with special pedagogical methodologies, in order to provide the State with the necessary professionals to provide these services. Children with disabilities who cannot be cared for in isolated areas of the country and where the necessary conditions for care do not exist, will be able to be transferred to the nearest care centers, and the costs will be covered by the location for which the child belongs.

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ARTICLE 11. OF CHILDREN WITH SPECIAL CHARACTERISTICS. 28 of Law 1804 of 2016 > Children of early childhood with specific particularities, by their genius or by their special ability in the field of sciences and The arts, levels 1, 2 and 3 of the Sisben, from birth to six years, should receive special attention in accordance with their developments. They will be able to be attended in the same centers, but with special programs and with teachers trained for such purposes, in the universities and institutions with education and training programs in the sciences, music and arts. Likewise, in case of transfers to other centers, it will proceed as in the previous article.

TITLE III.

OF THE VEDURIA AND CONTROL.

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ARTICLE 12. VEEDURIA. 28 of Law 1804 of 2016 > Society organized in Joint Action Boards, Citizens ' Veedurias, Local Administrative Boards, Associations of Parents or Associations of teachers and students, associations of protection entities and associations or student organizations, duly certified and accredited by the National Government, Departmental, Municipal, District, will be able to create oversight and ensure compliance with this law, and shall have the right to participate in the body monitoring of the issue of Article 14 of this Law.

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ARTICLE 13. MONITORING BODY. 28 of Law 1804 of 2016 > The National Government will create a special monitoring commission coordinated by the National Planning Department and an integrated representative of the Ministry of Education. National Education, a Representative of the Ministry of Finance, a representative of the ICBF, a representative of the Senate of the Republic, a representative of the House of Representatives, a delegate of the governors, a delegate of the mayors, a representative of the Representative of the Public Universities or the Institutions of Higher Education, a representative of the Superior Normal and two (2) representatives of the associations, foundations or organizations duly established and regulated to work for the child. The agency will have to present to the National Government and the Senate and the House of Representatives, six-monthly reports on the development of the law and make suggestions for the improvement and fulfillment of the goals. The representatives of the Senate and the House of Representatives shall be elected by the members of the Permanent Constitutional Committees of each corporation.

TITLE IV.

OF THE FINANCIAL.

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ARTICLE 14. RESPONSIBILITY. 28 of Law 1804 of 2016 > The National Government, through the Ministry of Finance and through the Ministries of Education and Social Protection, with the support and participation of the Institute Colombian Family Welfare, Universities and Institutions of Higher Education of a public nature and the Superior Normal, will be responsible for seeking the mechanisms to implement this law and to ensure the resources that are essential, prior study and planning to be delivered six (6) months after approval the law to be executed in a term of ten (10) years.

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ARTICLE 15. SOURCES OF RESOURCES. 28 of Law 1804 of 2016 > Programs, procedures and activities, in favor of early childhood, established in this law, shall be financed with the resources referred to in the paragraph transitional 2o, of article 4or of Legislative Act 04 of 2007 and with the resources that for these same purposes the territorial entities are destined.

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ARTICLE 16. 28 of Law 1804 of 2016 > All boys and girls of the levels 1, 2 and 3 of the Sisben will have the right to be registered at no cost.

Effective Case-law

TITLE V.

FINAL PROVISIONS.

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ARTICLE 17. REGULATION. 28 of Law 1804 of 2016 > The National Government with the contribution of the Ministries of Finance, Education, Social Protection and the participation of the ICBF, will issue the regulatory decrees for the compliance with this law.

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ARTICLE 18. VALIDITY. 28 of Law 1804 of 2016 > This law enters into force at six (6) months of its enactment once the National Government, in accordance with the provisions of Article 3or, project planning and set goals to achieve full and comprehensive coverage of children from the 1st, 2nd and 3rd levels of the Sisben, during gestation and from birth to six years.

The President of the honorable Senate of the Republic,

HERNAN ANDRADE SERRANO.

The Secretary General of the honorable Senate of the Republic,

EMILIO RAMON OTERO DAJUD.

The President of the honorable House of Representatives,

GERMAN MALE COTRINO.

The Secretary General of the honorable House of Representatives,

JESUS ALFONSO RODRIGUEZ CAMARGO.

COLOMBIA-NATIONAL GOVERNMENT

Publish and comply.

Dada en Bogotá, D. C., at 6 April 2009.

ALVARO URIBE VELEZ

The Minister of Social Protection,

DIEGO PALACIO BETANCOURT.

The Minister of National Education,

CECILIA MARIA VELEZ WHITE.

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