108/2006 Sb.
LAW
of 14 June. March 2006
on social services
Modified: 29/2007 Sb.
Change: 213/2007 Sb.
Change: 261/2007 Coll. (part)
Change: 261/2007 Coll.
Change: 124/2008 Sb.
Change: 129/2008 Coll., 274/2008 Sb.
Change: 261/2007 Coll. (part), 479/2008 Coll., 108/2009 Coll., 206/2009 Sb.
(part)
Change: 206/2009 Sb.
Change: 223/2009 Sb.
Change: 362/2009 Sb.
Change: 227/2009 Sb.
Change: 206/2009 Coll. (part), 347/2010 Coll., 427/2010 Sb.
Change: 73/2011 Sb.
Change: 206/2009 Coll. (part), 347/2010 Coll. (part), 364/2011 Coll., 366/2011
Coll., 420/2011 Sb.
Change: 375/2011 Sb.
Change: 384/2012 (part)
Change: 331/2012 Sb.
Change: 384/2012 Coll. 401/Sb.
Change: 45/13 Sb.
Change: 313/2013 (part)
Change: 306/2013 Sb.
Change: 366/2011 Coll. (part), 261/2007 Coll. (part), 303/2013 Coll. 313/2013
SB.
Change: 101/2014 Sb.
Change: 254/2014 Sb.
Parliament has passed the following Act of the Czech Republic:
PART THE FIRST
INTRODUCTORY PROVISIONS
§ 1
The subject of the edit
(1) this Act regulates the conditions for the provision of assistance and support to natural
persons in adverse social situation (hereinafter referred to as "the person") through
social services and care, the conditions for issuing the permission to
the provision of social services, the performance of public administration in the area of
social services, provision of social services inspection and prerequisites
for the performance of activities in the social services.
(2) This Act regulates the conditions for the profession of social
the worker, if the activity in social services or by the
special legislation for assistance in material need, in
the socio-legal protection of children, in schools and educational establishments,
the providers of health services in prisons, in the
the Czech Republic and in asylum establishments.
(3) this law shall apply to legal relationships that are not covered by
directly applicable EU regulation ^ 54).
§ 2
The basic principles of
(1) Every person is entitled to free provision of basic social
counselling (§ 37 (2)) about how the adverse social
the situation or its prevention.
(2) the scope and form of the aid and the aid granted through the
social services must respect the human dignity of persons. Assistance must
based on the individual needs of the persons designated, must act on the person
actively promote the development of their autonomy, encourage them to such
activities that do not lead to the long-term adherence or deepening
adverse social situation, and strengthen their social inclusion.
Social services must be provided in the interest of the people and in the appropriate quality
ways to consistently ensure respect for human
rights and fundamental freedoms of persons.
§ 3
The definition of certain concepts
For the purposes of this Act, means the
and social activity or service) file of the activities under this Act,
providing assistance and support to persons for the purpose of social inclusion
or the prevention of social exclusion,
(b) unfavourable social situations) the weakening or loss of the ability of the
grounds of age, adverse health, social and crisis
situation, lifestyle habits and way of life leading to conflict with the
companies, socially disadvantageous environment, threats to the rights and interests of
criminal activities of other natural persons or on other serious grounds
to deal with the situation, so that this solution should promote the social
inclusion and protection against social exclusion,
(c) the adverse health in the long term) health status, which in
knowledge of medical science takes or does last longer than 1 year, and that
limits the functionality necessary for the management of basic life
needs,
(d)), the natural social environment of family and social ties to persons
close ^ 1), household of the person and social ties to others,
which shares the household, and the places where people work, educate and
implement a common social activity,
e) social inclusion process, which ensures that a person socially
excluded or at risk of social exclusion and reach opportunities
options that help them to fully participate in the economic,
social and cultural life of society and live in a way that is in the
the company is considered normal,
f) social exclusion exclusion persons outside the normal life of the company and
the inability to engage in it as a result of the unfavourable social situation,
g) disabled persons physical, mental, psychiatric, sensory or
the combined disability, whose impact is or may be a person
dependent on the help of another person,
(h) the medium-term development plan) social services strategy document
municipalities or regions approved for a period of 3 years, which is the result of the active
detection of needs of persons in the territory of the municipality or region, and to seek ways to
their satisfaction with the use of the available resources; its content is
Summary and results of the data underlying the analysis and description of the method of processing
plan, including the establishment of cooperation with municipalities, with the providers of social
services and persons, which are social services provided, description and
the analysis of the available resources and the needs of people who are social services
conceived, including the economic assessment, strategy and assurance
the development of social services containing a description of the desired future State and the
the measures, which should be achieved this State,
obligations of stakeholders, monitoring and evaluation procedure
implementation of the plan, including how you can make the changes in the provision of
social services and to ensure the network of social services in the territory of
the County; the medium-term plan for the development of social services may be supplemented
action plans processed for a period of one year, which are based on the
the medium-term plan for the development of social services,
I) networks of social services social services summary in sufficient
capacity, proper quality and with the corresponding local availability
help to deal with the unfavourable social situation of persons in the territory of the region and
that are in accordance with the identified needs of the persons on the territory of the region and the
the available financial and other resources; a network of social services is
part of the medium-term plan for the development of social services.
§ 4
The circle of beneficiaries
(1) the entitlement to care allowance is in compliance with the conditions laid down in
This Act
and) a person who is in the territory of the Czech Republic reported to the permanent residence
under special legislation ^ 2) in the case of a State citizen of the Czech
of the Republic,
(b)), which has an alien on the territory of the Czech Republic permanent residence under the
special legal regulation ^ 3),
c) an alien who holds a residence permit with the avowed
legal status of long-term resident status in the European Union
territory of another Member State of the European Union, when he was released
long-term residence permit in the territory of the Czech Republic according to the
special legal regulation ^ 4),
(d)) the family member a person referred to in subparagraph (a)), if he was released
a temporary residence permit in the territory of the Czech Republic under the Special
the legal regulation of the ^ 3),
e) family member a person referred to in subparagraph (b)), if he was released
long-term residence permit in the territory of the Czech Republic according to the
special legal regulation ^ 3),
f) alien, which has been granted long-term residence permit in the territory of
The Czech Republic for the purpose of scientific research according to a special legal
^ 5 regulation),
(g)) a person which has been granted international protection in the form of additional
protection under a special legal regulation ^ 6)
h) alien, which has been granted long-term residence permit in the territory of
The Czech Republic, for the purpose of employment requiring high
qualifications under special legislation ^ 7),
I) a foreigner without permanent residence in the territory of the Czech Republic, which the
the claim warrants the international treaty, which is part of the rule of law
The Czech Republic,
j) person that claim stems from the directly applicable provisions of the European
Union ^ 54), or a person employed, self-employed, person
leaving such a position and her family members having a
the right to equal treatment under the European Union ^ 63),
to a stranger, which was) released under the special employment card
^ law 59),
l) an alien who is employed, or has already been employed in the territory of the Czech
of the Republic for at least 6 months and is in the registration of applicants for
job ^ 60), if he was granted long-term residence permit to
the territory of the Czech Republic according to special legal regulation ^ 61),
m) family member ^ 62) the persons referred to in (f)), (h)), k) and (l)),
If he has been granted long-term residence permit in the territory of the Czech
Republic according to special legal regulation ^ 61),
and, if he is resident in the territory of the Czech Republic, with the exception of persons
referred to in subparagraph (j)); What means the resident, lays down the law on assistance
material need ^ 49).
(2) the social services are in compliance with the conditions laid down in this Act
provide
and) the persons referred to in paragraph 1; the condition of residence on the territory of the Czech
the Republic does not apply here,
(b) a citizen of a Member State) of the European Union, if it is reported on the territory of the
Czech Republic to stay under a special legal regulation, ^ 3) for
longer than 3 months,
(c)) family member citizen of a Member State of the European Union, if the
is reported on the territory of the Czech Republic to stay under a special rule
code ^ 3) for a period longer than 3 months.
(3) the social services referred to in section 57, 59 to 63 and 69 are in compliance with the
the conditions laid down in this Act also provide that a person is not
referred to in paragraph 2, if lawfully on the territory of the Czech Republic
under special legislation ^ 3). The social services referred to in section 37,
57, 60 and 69, they also provide the person who is the victim of a crime
trafficking in human beings or of an offence the introduction of ^ 48).
§ 5
Competence in the area of social services
(1) the State administration under this Act shall be exercised by
and) the Ministry of labour and Social Affairs (hereinafter referred to as "the Ministry"),
(b)), the regional offices,
(c)), the municipal authorities of municipalities with extended powers,
(d)) of the District Social Security Administration,
(e) the Office of the Czech Republic)-the regional branches and the branch to the main
City of Prague (hereinafter referred to as "the regional branch office of the work").
(2) the performance of the municipal authorities of municipalities with extended competence and the
regional offices under this Act is the performance of delegated powers.
(3) in the area of social services shall carry out responsibilities under this
the law also municipalities and regions.
§ 6
Providers of social services
The providers of social services are in compliance with the conditions laid down
This law of territorial self-governing units and established a legal
persons, other legal persons, natural persons and the Ministry and the
set up the organizational components of the State or a State contributory organization
which are legal persons.
PART THE SECOND
CARE ALLOWANCE
TITLE I OF THE
The conditions of entitlement to care allowance
section 7 of the
(1) care allowance (hereinafter "post") shall be granted to persons
dependent on the assistance of another individual. This contribution to become involved in
to ensure social services or other forms of assistance under this
the law in dealing with the basic living needs of the people. The cost of the
the contribution shall be paid from the State budget.
(2) the entitlement to the allowance has a person referred to in section 4, paragraph 4. 1 which by reason of the
long term adverse health status needs the help of other physical
of the person in managing the basic life needs in the range specified by
the degree of dependence according to section 8, if the assistance is provided to the person
nearby, or assistant social care referred to in section 83 or provider
social services, which is registered in the register of providers of social
services under section 85, paragraph. 1 or children's home ^ 52), or special
inpatient medical facility hospice type ^ 7a); entitlement to the allowance
has this person even after a period of time, after which it is under a special rule
^ Regulation 7b) provided health care during hospitalization.
(3) entitlement to the allowance does not have a person under the age of one year.
(4) the contribution shall be decided by the regional branch of the Office work.
§ 8
A person is considered to be dependent on the assistance of other individuals in the
(1) a person under 18 years of age is considered to be dependent on the assistance of other physical
the person in the
and tier I) (light addiction), if due to long-term
adverse health status is not able to manage three basic
necessities,
(b) stage II) (moderate dependency), if due to long-term
adverse health status is not able to handle four or five
the basic life needs,
(c) stage III) (heavy dependency), if due to long-term
adverse health status is not able to handle six or seven
the basic life needs,
d) stage IV (full dependency), if due to long-term
adverse health status is not able to handle eight or nine
the basic life needs,
and requires daily special care other natural persons.
(2) a person over 18 years of age is considered to be dependent on the assistance of other
natural persons in
and tier I) (light addiction), if due to long-term
adverse health status is not able to manage three or four
basic necessities,
(b) stage II) (moderate dependency), if due to long-term
adverse health status is not able to handle five or six
the basic life needs,
(c) stage III) (heavy dependency), if due to long-term
adverse health status is not able to manage seven or eight
the basic life needs,
d) stage IV (full dependency), if due to long-term
adverse health status is not able to cope with nine or ten
the basic life needs,
and requires daily assistance, supervision or care of another individual.
§ 9
(1) when assessing the degree of dependence is assessed by the ability to manage these
basic necessities:
and mobility),
(b)),
c) communication,
d) catering,
(e)), dress and shoes,
f) physical hygiene,
(g)) the performance of the physiological needs,
(h)), health care
I) personal activities,
j) care for the household.
(2) ability to handle basic life need referred to in paragraph 1
(a). (h)) shall be assessed in relation to the specific disability and
the arrangements established by the attending physician.
(3) ability to handle basic life need referred to in paragraph 1
(a). j) altogether for persons under 18 years of age.
(4) in assessing the ability to handle the basic life needs
evaluates the functional impact of long-term adverse health status on
ability to handle basic necessities; in doing so, shall not be considered to
assistance, supervision or care, which do not result from a functional impact
long term adverse health condition.
(5) for the recognition of dependence in the relevant basic life necessity must
there be a causal link between impaired functionality of the
because of the adverse health and ability to handle the basic
the basic life needs in an acceptable standard. Functional skills
evaluated with the use of conserved potentials and competences of individuals
and the use of commonly available tools, resources, articles of day
needs or equipment in households, public space or using
the medical device.
(6) a closer definition of the ability to handle basic necessities and
the way their assessment lays down detailed legal prescription.
§ 10
In the case of a person under 18 years of age, when assessing the ability to handle basic
needs under section 9 (2). 1, and in the evaluation of the needs of emergency
care compares the scope, intensity and complexity of the care that needs to be
given to the person with a disability under consideration, with care, which is
should be given to a healthy person of the same physical age. When determining the degree of
Depending on the person under 18 years of age is not taken into account the need for care, which
results from the age of the person and the corresponding degree of biopsychosociálního
the development. Emergency care means care that its scope, intensity
or intensity significantly exceeds the care provided by a person of the same age.
TITLE II
The amount of the contribution
§ 11
(1) the amount of the allowance for persons under 18 years of age shall be for the calendar month
and) 3 000 CZK in the case of grade I (light addiction)
(b)) 6 000 CZK in the case of grade II (moderate dependency)
c) 9 000 CZK in the case of grade III (heavy dependency)
d) 12 000 CZK in the case of grade IV (full dependency).
(2) the amount of the allowance for persons over 18 years of age shall be for the calendar month
800 Czk), with respect to the degree I (light addiction)
(b)) 4 000 CZK in the case of grade II (moderate dependency)
(c)) 8 000 CZK in the case of grade III (heavy dependency)
d) 12 000 CZK in the case of grade IV (full dependency).
(3) the amount of the contribution referred to in paragraphs 1 and 2 shall, pursuant to section 12 shall be increased by
2 000 Czk per calendar month.
TITLE III
The increase in the contribution of the
§ 12
(1) increase the contribution referred to in section 11 (1). 3 belongs to
and nezaopatřenému child ^ ^) 22) under 18 years of age, which belongs to the post,
with the exception of the
1. a child who belongs to a post to cover the child's needs from the system
foster care benefits under the law on social and legal protection of children,
2. the child, which does not belong to the child's needs, to cover the contribution of the system
benefits of foster care because it enjoys a pension from the pension insurance,
that is the same or higher than this post,
3. a child who is in full direct provision of facilities for the care of children
or youth, and
(b)), which belongs to the parents of the post, and caring for a dependent child
under 18 years of age,
If the decisive income beneficiaries and persons, together with her
assessed is less than twice the amount of the minimum authorized
of the person and persons evaluated jointly with her according to the law of life and
an existential minimum ^) 27.
(2) the increase of the contribution under section 11 (2). 3 also belongs to nezaopatřenému
child from 4 to 7 years of age, which belong to the post in the level III
(heavy dependency), or stage IV (full dependency). The exemption provided for in
paragraph 1 (b). and) points 1 to 3 shall apply, mutatis mutandis, for the increase of the contribution
According to the first sentence.
(3) if it satisfies the conditions for entitlement to a dependent child allowance increase
referred to in paragraph 1 (b). and at the same time), and in accordance with paragraph 2, shall increase
post only once, and that referred to in paragraph 2.
(4) the increase of the allowance belong in the calendar month in which it is paid
post.
(5) the direct provision in Full equipment for the care of children or youth
shall be assessed in accordance with section 7 (2). 4 of the Act on State social support. For the purposes of
the right to increase the contribution referred to in paragraph 1, the income of beneficiaries
or jointly evaluated persons means the income under section 5 of the Act on State
social support. The applicable period for which is determined by income, is
the period of the calendar quarter, the previous calendar quarter,
to which the entitlement to payment of the allowance, or increase demonstrates
be entitled to an increase of the allowance applies. The circle of the persons evaluated jointly
shall be assessed in accordance with section 7 (2). 2 and 6 to 12 of the law on State social
the promotion.
(6) if the person entitled does not prove the decisive income pursuant to § 21. 2
(a). (e)), stops payment increase of installments due for
the calendar month in which it is necessary to prove the amount of income for the
the payment of the contribution to the increase of the following calendar quarter.
Unless it is the decisive income or to the end of the calendar quarter for
that should be referred to the increase in the contribution to be paid, shall be entitled to an increase
the allowance shall cease.
TITLE IV
Entitled to the allowance and the payment of
section 13
(1) the entitlement to the allowance shall commence on the date of fulfilment of the conditions laid down in section 7 and the
8.
(2) a claim for payment of the allowance arises return request
the contribution, on which the entitlement referred to in paragraph 1, if the management of the
his confession initiated ex officio. Contribution may be granted and the
be paid as soon as possible from the beginning of the calendar month in which it was
proceedings for the granting of the allowance. Entitlement to payment of the increase
contribution referred to in section 12, paragraph. 1 as soon as possible from the beginning of the calendar arises
quarter, in which the application for increase in contribution is made; This is not a
without prejudice to the provisions of section 12(2). 4.
(3) if the person meets the conditions of eligibility for the post just after the part of the
calendar month, belongs to the contribution of what belongs in
calendar month.
§ 14
To change the entitlement to the allowance and the payment of
(1) if the post was granted or is paid at a lower amount than the
in what belongs to, or has been wrongly denied or granted from
a later date than what belongs to, the post will increase or confesses
and as from the date on which the contribution or increase it belongs to, but not more than
3 years ago from the date of the determination or claim on the post or
its increase.
(2) if the post was granted or is paid at a higher amount,
than in what belongs to, or has been granted or is paid unduly, the contribution
shall be withdrawn or its payment stops or reduces, and from the first day
of the calendar month following the calendar month in which it was
post paid.
(3) changes to the operative events for the amount of the contribution, so that the
the contribution is to be increased, the increase in the contribution from the first day
the calendar month in which the change occurred.
(4) changes to the operative events for the amount of the contribution, so that the
the contribution has to be reduced, the reduction of the contribution from the first day
of the calendar month following the calendar month in which the
the decision was issued on the reduction of the contribution.
(5) where the grounds for entitlement to the allowance, so that
the post does not belong, the contribution shall be withdrawn from the first day of the calendar
of the month following the calendar month in which the contribution was
paid.
§ 14a
(1) the allowance shall not be paid if the beneficiary throughout the
calendar month provided health care during hospitalization,
If not for the provision of social services in accordance with section 52; This does not apply in
When is the authorised person to the hospital adopted in accordance with
other legislation 7 c) as a guide ^ ^ natural person who was
listed in the application for the allowance, where appropriate, notified pursuant to § 21. 1
(a). (d)) or § 21. 2 (a). (c)) as the person providing the assistance.
The condition of the whole calendar month is not fulfilled, if hospitalization
There was the first day of the calendar month or for release from this
the device was the last day of the calendar month. Payment of the allowance is
stops by the first day of the calendar month following the calendar
the month in which the person was taken to the hospital, if not
under section 21a, paragraph. 1 reported release of medical equipment.
Payment of the contribution shall recommence from the first day of the calendar month in
which the hospitalization did not last for the entire calendar month.
(2) if the beneficiary reaches 18 years of age, the contribution shall be paid from the
the following calendar month in the amount under section 11 (2). 2
corresponding to the degree of dependency established before 18. a year of age.
At the same time the regional branch office of work ex officio proceedings for
the purpose of the new determination of the degree of dependence under section 8 and the corresponding
the amount of the contribution.
§ 15
The demise of the entitlement to the allowance and the payment of
(1) the entitlement to the allowance shall not cease on the expiry of the time.
(2) entitlement to the payment of the contribution or its part shall lapse on the expiry of 1 year
the date from which the contribution or its part belong, unless the cases
According to § 14 paragraph. 1. This period does not imply for the management of the contribution.
section 16 of the
Go right to the contribution and the payment of
(1) if the applicant for the post before the final decision on the
contribution, enters the further proceedings and shall be entitled to the amount due
until the day of his death, a person close to the Assistant social care referred to in section 83,
establishment of social services providing residential social services pursuant to section
48, 49 or 50, medical facilities providing social services by
§ 52, children's home or a special-bed medical facility
the Hospice of the type, if any of the following natural or legal
the persons named in the request for a contribution, where appropriate, in the course of proceedings
reported pursuant to § 21. 1 (a). (d)), as a person who provides
an applicant for a post to help. The parties become all natural
or legal persons referred to in the first sentence, that is, from the initiation of the proceeding
involved in the assistance to an applicant for a post to the day of his death. These persons
shall be entitled to the amount of the contribution payable to the date of the death of the applicant of the
the contribution per calendar month, in which provide assistance. If you are in the
calendar month participated in the aid to the applicant for the post more of these
persons entitled to the amount of the contribution shall equally, if you do not submit
the competent regional branch office of the labor agreement on a settlement of the amounts
contribution. Entitlement to payment of the allowance does not belong per calendar month in
where the applicant for the post, if he died on the first day of the
calendar month up to the date of death was provided by the health care
during the hospitalization.
(2) If a contribution awarded prior to the death of an authorized person, shall pay the
the amount of the contribution payable that have not been paid up to the date of death
authorised persons, natural or legal person referred to in paragraph 1, the sentence of
First, if in a calendar month for which the allowance was not paid,
the beneficiary of the assistance provided, and was mentioned in the request for a contribution,
where appropriate, reported pursuant to § 21. 1 (a). (d)) or § 21. 2 (a).
(c)). If in a calendar month for which the allowance was not paid,
participated in the aid beneficiary more of the natural or legal
persons, those persons shall be entitled to contribution equally, if
do not submit the appropriate regional Office of the labour branch agreement on another
distribution of the amount of the contribution. Entitlement to payment of the allowance does not belong in
the calendar month in which the person died, if her from
on the first day of the calendar month of the date of death was provided by the
health care during hospitalization.
(3) entitlement to the allowance is not subject to inheritance.
§ 17
Referral and deductions
(1) the entitlement to the allowance cannot assign or pledge.
(2) the contribution is not subject to enforcement and cannot be the subject of the agreement
about precipitation.
THE HEAD OF THE
Payment of the allowance
section 18
Way of payment of the contribution
(1) the allowance shall be paid monthly, in the calendar month for which the
It belongs.
(2) the allowance shall be paid by the regional branch office, work that is relevant to the
decision on the contribution.
(3) the allowance shall be paid in the Czech currency transfer to the payment account specified
the recipient of the contribution referred to in section 19, where appropriate, the specific beneficiary
contribution, or mail by pointing out, in accordance with the decision of the recipient
contribution referred to in section 19, where appropriate, the specific beneficiary.
If so requested by the recipient of the contribution, where appropriate, the specific beneficiary,
change the method of payment of the contribution, is the regional branch of the Office of the work required to
to change the method of payment from the calendar month following the
the calendar month in which the application was received.
(4) in accordance with paragraph 3 shall refrain, in the case of payment of the contribution from the
because of the shift of entitlement to his payment under section 16, and if the post
paid abroad on the basis of the application directly applicable regulations
Of the European Union; in these cases, the way of payment determines the contribution payer,
either the post instruction or payment account.
(5) If, at the time, in which the contribution is paid, to change places
permanent residence, the persons concerned or the reporting, regional branch
Office work, which was before this change to the payment of the contribution
appropriate, payment of the allowance, and no later than the end of the calendar
of the month following the calendar month in which the change of permanent
or the reporting of the stay of the authorised person. The Regional Branch Office
the work referred to in the first sentence shall transmit to the competent regional Branch Office work
According to the place of permanent residence, the persons concerned or the reporting documents on
the basis of which he was granted. The appropriate regional Branch Office
the work shall be paid by the post by monthly installments following the calendar
month in which the payment of the allowance was stopped.
§ 18a
cancelled
§ 19
The recipient of the contribution
(1) the recipient of the contribution is the person entitled, if not specified
otherwise.
(2) instead of the authorized person is the recipient of the contribution
and the legal representative or opatrvoník), or
(b)) other natural person, that the person was a minor entrusted to the
care on the basis of the decision of the competent authority.
section 20
Payment of the allowance for special recipients
(1) the Regional Branch Office will appoint a special work, recipients of the allowance
If the person entitled has, where appropriate, the other recipient of the contribution referred to in section
19 paragraph. 2,
and cannot receive, post) or
(b)) does not use the post or not post used to ensure
help needed.
(2) the provisions of a specific person, the recipient must, where appropriate,
another recipient of the contribution referred to in section 19, paragraph. 2, agree; the consent of this
a person shall not be required, if, due to his State of health according to the
representation of the provider of health services cannot submit this consent,
and in the case where a specific recipient is established from the grounds set out in the
paragraph 1 (b). (b)). The specific beneficiary cannot be established, the
whose interests are in conflict with the interests of the persons concerned.
(3) Regional Branch Bureau of labor may appoint a special recipient only
natural person who agrees with this provision.
(4) the specific beneficiary is obliged to use the contribution in favour of the
authorized person. The specific beneficiary designated in accordance with paragraph 1 (b). and)
uses a post according to the instructions of the authorised person, with the exception of the person who
due to its state of health according to the expression of the provider
health services, these guidelines cannot grant them. At the request of the legitimate
of the person or at the request of the regional branches of the Office work is a special recipient
to submit a written statement of the post that he was paid, and that
within 1 month of the date of receipt of the request.
(5) the regional branch office, work on the provisions of the decision
a special recipient, if the reasons for which the advertising was a special
the payee is appointed, or if the recipient of the special obligations
referred to in paragraph 4.
TITLE VI OF THE
Obligations of the applicants for the post, the authorized person and the another recipient
the contribution of the
section 21
(1) an applicant for a post and the person whose state of health
to be assessed for the determination of the degree of dependence, are required to
and to submit to social investigation),
(b)) to submit to an examination by a doctor with health challenges
the District Social Security Administration, or the physician designated by the Czech
Social Security Administration, to submit to the health status of
provider of health services specified by the district administration of social
security or other vocational examinations, submit to the designated
the providers of health services the medical findings of doctors,
which they have been issued, to communicate and demonstrate for more information
relevant for the drafting of the report, or to provide any other assistance,
that is required to draw up an opinion, if the district administration
social security asked, within the time limit, which the district administration
social security determines
c) certify the grounds of his entitlement to the allowance, or
the payment,
(d) report in writing to the competent County) Branch Office, work in progress
the management of the contribution changes in the facts, which were listed in the request
about the post, and the changes applicable to the conduct of the proceedings, within 8 days
from the date when such a change occurred; This obligation must be fulfilled in
the time of the interruption of the proceedings.
(2) the beneficiary shall be required to
and report in writing to the competent County) Branch Office work within 8 days of change
in the facts decisive for his entitlement to the allowance, or
the payment,
(b)) on the challenge of the County Branch of the Office of labor certify facts
applicable to the entitlement to the allowance, the amount of the payment, or within
within 8 days from the date of receipt of the request, did not specify if the Regional Branch Office
the work of a longer period,
(c) report in writing to the competent County) Branch Office work-related changes
to provide assistance, within 8 days of the date of this change
occurred; This obligation on the recipient of the contribution form
prescribed by the Ministry, part of which is the written consent of the person
or in any other physical person or legal entity with the provision
assistance to the beneficiary,
(d) use it to ensure the contribution) needed to help a person close to or
Assistant social care referred to in section 83 or provider of social
the service, which is registered in the register of providers of social services
pursuant to section 85, paragraph. 1, or a children's home or in a special compartment,
the medical establishment hospice type,
(e) report in writing to the competent County) Branch Office work to the end
calendar month following the end of the calendar quarter
level of income for contribution increases will decide, pursuant to section 12 paragraph. 1; This
the obligation is also considered satisfied if the recipient of the contribution
shall inform the competent regional branch office of the Office of work, within the
the time limit, or within the time limit referred to in section 12, paragraph. 6, proved the decisive
revenue for the purposes of housing allowance under the Act on State social
support, and that the range of persons for the purpose of jointly assessed the increase
the contribution is the same as for the purposes of housing allowance.
(3) the payment of the contribution may be after prior written notice
is stopped, the post may be withdrawn or nepřiznán, if the applicant for
post, the authorized person or other beneficiary fails to comply with
any obligation referred to in paragraph 1 and 2.
(4) the payment of the allowance shall be suspended if the beneficiary fails to comply with
the notification obligation referred to in paragraph 2 (a). and (c))), and even on the
a written challenge regional offices work within 8 days from the date of
delivery call, in which he was the recipient of the contribution to the result in the violation of the
the notification requirement is notified. Payment of the allowance will be stopped from
the first day of the calendar month in which the time limit expired. Payment of the
contribution shall recommence from the first day of the calendar month in which the
the obligation of notification under the first sentence subsequently met.
§ 21a
(1) a person nearby, or assistant social care referred to in section 83, which
provides assistance to the beneficiary, are obliged to report in writing to the competent
the regional branch office of the Office of labour authorizing the person to the hospital and
release from hospitalization, within 8 days of the date of this
event occurred, if you cannot meet this obligation of the recipient
contribution according to § 21. 2 (a). and); This obligation also has a device
the social services referred to in sections 48 to 50, if it provides a legitimate
the person of the residential social services, and children's home.
(2) a person nearby, Assistant social care referred to in section 83, a provider of
social services, which provides residential social services under section 48
up to 50, medical equipment, which provides social services pursuant to section
52, and specialty inpatient health care facility, and a children's Hospice type
home, if the beneficiary of the assistance provided, are required to report
the death of the persons concerned, the competent regional Branch Office work within
8 days from the date of death of the persons concerned.
section 22
Overpayments
(1) the recipient of the contribution, which has adopted or part of the contribution, as
from the circumstances had to assume that he was wrongly paid out or higher
amount than belonged to, or otherwise caused, that contribution was paid
wrongly or in the wrong amount, is required to return the overpayment;
the obligation to return the contribution or its part also has the person who, after the death of
authorized person adopted or part of the contribution, which it does not belong.
(2) entitlement to the refund of the overpayment shall lapse on the expiry of three years from the date when the
paid. This period does not imply for the appeal procedure or
about the application.
(3) the overpayment on the amounts paid to increase the contribution referred to in section 12 of the
paragraph. 2 does not arise for the calendar month during which the entitlement to this increase
the contribution has lapsed, if the beneficiary proves that for the
calendar months was the same child shall be entitled to increase the contribution referred to in
section 12, paragraph. 1 (a). and Similarly it applies.) for the overpayment on the increase
contribution referred to in section 12, paragraph. 1 (a). and if), it is demonstrated that the entitlement
to increase the contribution referred to in section 12, paragraph. 2.
(4) the obligation to return the overpayment referred to in paragraphs 1 and 2 shall be decided by
the regional branch office of work, that allowance is paid or the last
paid. The regional branch office of the overpayments collected work, which
the obligation to return the overpayment decision.
(5) the obligation to return the overpayment does not arise if the overpayment
the amount does not exceed $ 100.
(6) the regional branch of the Labour Office may decide on the remission of duties
return the overpayment with respect to the amount of up to 20 000 Czk in each individual
the case, or on the basis of prior consent of the Ministry, if the
the amount above 20 000 Czk in each individual case.
(7) returned by the means referred to in paragraph 1 are the income of the State budget
in the event of their return in another year, than in the grant; These
the means is obliged to the authority which is chosen to take, without delay, to the
the State budget. The returned funds to return occurred in
their provision from the State budget, will be used for the same purpose in the
the same year, or become the subject of a financial settlement
relations with the State budget.
TITLE VII
The management of the contribution
section 23
(1) the procedure for the granting of the allowance shall be initiated upon a written application
submitted on a form prescribed by the Ministry; If the person is not able to
act independently and does not have a representative, the management of the contribution from the
official power.
(2) if the minor has been entrusted to the basis of the decision of the competent
authority in the care of another individual, shall represent it in proceedings for contribution
This natural person.
(3) where a minor residential services (§ 48, 50, 52),
the regional branch office, the work of the person referred to in paragraph 2 or the legal
representative to ask for a contribution not later than 2 months from the date of
delivery call. If they fail to do so within this period or if you stay
legal representative or guardian of the person or persons referred to in
paragraph 2 is not known, shall represent that person in proceedings for contribution
establishment of social services.
(4) the procedure for change of the amount already awarded to the contribution or its
payment or withdrawal shall commence on a proposal from the recipient of the contribution, or
ex officio, unless the procedure under section 26a of the paragraph. 1, in which the management of the
does not. Proposal to amend the amount of the allowance granted by the consignee
contribution on the form prescribed by the Ministry.
(5) the Regional Branch Office will appoint for the management of work on the contribution of
guardian also to a person who is not able to due to your health
the State acting individually and does not have a representative; the provisions of the guardian
shall be decided by the regional branch office, work on the basis of medical opinion
issued by the provider of health services.
section 24
Application for the post must be in addition to the requirements laid down in the administrative regulations of the
also include the
and) the natural or legal person who provides, or
will provide assistance, the scope of assistance and the written consent of physical or
a legal person with its provision,
(b)) to determine how the allowance is paid,
(c) proof of income) of an authorized person and persons evaluated jointly in
applicable in cases where the period has to be in accordance with section 12 of the paragraph. 1 post
increased.
§ 25
(1) the regional branch office, work carried out for the purposes of assessing the degree of
depending of the social investigation in accordance with paragraph 3, which detects
the ability to separate the life of persons in the natural social environment.
Social investigation performed by a social worker. Of social
the investigation is made by the social worker a written record that on demand
submit to the person assessed.
(2) the Regional Branch Office will send the relevant district management work
social security ^ 8) request for assessment of the degree of dependency of the person;
part of this application is the written record of the investigation and a copy of the
the application of the person for the post.
(3) in the assessment of the degree of dependency of the person based on district administration
the social security scheme of the State of health of the person after finding
issued by the provider of health services, from the result of the social
the investigation and the findings of the needs of the person, where applicable, the results of the functional
examination and assessment of the outcome of its own examination of the doctor.
(4) the District Social Security Administration will send the appropriate County
Branch Office a copy of the report issued under the work of the Special
^ Law 51) with its basic living needs
the person is not able to handle, and with an indication of whether the person with the full
or practical deafness or hluchoslepou, if this person
can't do basic life needs in the area of orientation. This assessment
It is part of the decision on the granting or refusal of the contribution which it receives
the applicant.
(5) the regional branch office of the work done by the social investigation also, if
It's the District Social Security Administration shall, in cases where the
checks the original assessment of the State of health of the person.
section 26
(1) the regional branch of the Labour Office shall suspend the contribution at the time
which
and) District Social Security Administration assesses the degree of dependence
the person, or
(b) the person is granted) is a health care during hospitalization, if
It was not until the day of the acceptance of the person to the hospital carried out a social investigation.
(2) the regional branch office, work stops the proceedings for contribution, if
an applicant for a post he died before the social investigation under section
25 paragraph. 1.
(3) Against the resolution referred to in paragraphs 1 and 2 shall be no appeal.
Section 26a
(1) the proceedings shall, if the regional branch office, work stops
payment of the allowance under section 14a paragraph. 1, § 18 paragraph. 5 or § 21. 4
or under section 14a paragraph. 2 the first sentence will change the amount of contribution paid.
In these cases, the regional branch office of the work required to deliver
the beneficiaries of the contribution of the written notification of cessation of payment of the contribution, or
a change to the amount. The written notification shall be delivered into your own hands.
(2) the procedure referred to in paragraph 1 may be applied the objections
not later than 15 days from the last day of the calendar month in which the
payment of the allowance was stopped, or in which there was a change of its
above.
(3) the Objection shall be lodged in writing at the Office of the competent regional branch
the work. The Regional Branch Office will, within 30 days of the date when eats
objections were received, the decision to stop the payment of the contribution, or about the change
his above.
section 27 of the
If a person submits an application for the post and at the same time a request for an increase in the contribution of the
under section 12, the regional branch office of the job leads on these applications
joint management. The regional branch office, work Associates about the contribution of management and
to increase the contribution referred to in section 12, also in the case where an application for increase
contribution referred to in section 12 was made in the course of the proceedings on the contribution and was not
has not yet issued a decision.
section 28
(1) on an appeal against the decision of the regional branches of the Office of the work decides
the Ministry.
(2) the degree of dependence for the purposes of the appeal proceedings shall be assessed
the Ministry ^ 9); the provisions of section 26 shall apply mutatis mutandis.
(3) the appeal does not have suspensory effect.
TITLE VIII
Check the use of the contribution
section 29
(1) the regional branch of the Labour Office checks whether
and the post was used) to provide assistance,
(b) assistance is provided to the person) close or assistant social care
referred to in section 83, or provider of social services, which is written
in the register of providers of social services under section 85, paragraph. 1, or
a children's home or in a special in-patient medical facility
the hospice type ^ 7a),
c) assistance is provided to the person, who was mentioned in the application for
the post reported, as appropriate, in accordance with § 21. 1 (a). (d)) or section 21
paragraph. 2 (a). (c)),
(d)) the way of assistance granted, and its extent corresponds to the specified stage
dependence and whether it is focused on basic necessities, which according to the
the result of the assessment of the degree of dependence of the district administration of social
the security of the person is not able to handle,
(e)) where assistance is provided by a person close to or Assistant
social care referred to in section 83, is the person people eligible; for
the disabled eligible person to provide assistance, the person shall not be
which is itself entitled to, unless medical opinion issued by the
provider of health services is able to demonstrate that this assistance
provide,
(f)) was a provider of social services contract for
the provision of social services.
(2) employees of the State classification for the performance of work in the Regional Branch Office
the work and staff of the State classification to work in Ministry are
on the basis of the consent of the person authorised to enter into the dwelling in which the person
lives, in order to implement the social investigation and control of the use of
contribution. Permission for this activity are obliged to demonstrate the staff
card together with a special permission issued by the regional
Branch Office or the Ministry of labour as the clause of the staff
of the card. This special permission contains indications of the purpose of the release, the number of
the staff of the card, the name or names, and surname of the employee and
identification of the issuing Office or regional offices work
of the Ministry.
(3) The procedure for the inspection referred to in paragraph 1 shall not apply control
order ^ 34).
(4) on the outcome of the checks referred to in paragraph 1, the Regional Branch Office
the work record in the file, which contains in particular a description of the identified
the facts indicating the shortcomings and indicate the provisions of the law
the rules that have been violated. The record of the result of checks shall be signed by
the persons who carried out the inspection. The record must be controlled
familiar.
(5) where a regional Branch Office work during the inspection referred to in paragraph 1
serious shortcomings in social services provided, or if it finds
that social services are provided without permission to provide
under section 78, paragraph. 1, shall forthwith in writing inform the regional
the competent authority in accordance with section 78, paragraph. 2.
(6) if the person concerned Provides assistance to the person close to the ^ 1) or Assistant
social care, the Regional Branch Office will issue these persons work on their
request free of charge with written confirmation, proving time for the purposes of this care
material shortage, health insurance, pension insurance and
employment; in this confirmation shall indicate the degree of dependence of the person always,
that care is provided. For the purposes of pension insurance in the
the confirmation shall indicate whether or not the indication of the amount of the contribution, which the beneficiary at the time of
providing assistance to belonged to.
(7) the beneficiary is obliged, on request of the administrative authority, which
control of the use of a contribution prove that contribution was used
to provide assistance, in a manner demonstrating the use of the contribution,
or proof of payment of the contribution of the natural or legal persons,
providing assistance in the management of basic life needs,
referred to in the application for the allowance, where appropriate, in accordance with § 21, announced. 1
(a). (d)) or § 21. 2 (a). (c)), and not more than 1 year.
TITLE IX OF THE
The information system on the contribution
section 30
(1) the data on applicants for the post, on the beneficiaries of the contribution, the amount of
contribution and on the natural and legal persons who provide assistance,
are kept in the information system of care that is
part of the single information system of labour and Social Affairs
by the Ministry. The regional branches of the Office work are entitled to
process data necessary for the decision on the contribution, including personal
the data in the information system on the contribution, and in electronic form
in a manner enabling remote access, and at the same time providing protection
personal data ^ 10).
(2) the Ministry for the implementation of the law on its own cost
a computer program (software), needed for making the contribution,
his payment and control, including updates, and provides free of charge
This program of the regional branches of the Office work.
(3) the Ministry of the Interior or the police of the Czech Republic for the purposes of
the contribution of the Ministry and provides regional branches of the Office work
and data from Basic) reference population register,
(b)) the data from the agendového information system of the population register,
(c)) the data from the agendového information system for foreigners,
(d) the data from the registry) of the social security numbers of natural persons, which was
assigned a social security number, but they are not kept in information systems
referred to in subparagraphs (a) (b)) and (c)).
(4) the information Provided under paragraph 3 (b). and) are
and last name)
(b) the name or names),
(c) the address of the place of stay)
(d)) of the date, place and County of birth; for the data subject, who was born in
abroad, the date, the place and the State where he was born,
(e)) of the date, place and County of death; in the case of the death of the data subject outside the territory
The Czech Republic, the date of death, place and the State on whose territory the death
has occurred; If the decision of the Court on the declarations for the dead, the day
that is the decision given as the day of death or the day that the body
data declared dead survived, and the date of the entry into force of this
the decision,
(f) citizenship, where applicable) more state citizenship.
(5) the information Provided under paragraph 3 (b). (b))
and, where applicable, names) the name, surname, or their amendment, native
the last name,
(b) the date of birth),
(c)) the place and district of birth; for a citizen who was born abroad, the place and the
State in whose territory he was born,
(d)) and his social security number changes
e) citizenship,
(f) the address of the place of residence), including previous address space
permanent residence,
(g)) the beginning of permanent residence or cancellation date data on the place of
permanent residence or the date of their permanent residence on the territory of the Czech
of the Republic,
h) restriction, mom,
I) birth number of father, mother, or another legal representative or
guardian; in the event that one of the parents or other legal representative of the
or guardian does not have a social security number, his name, or name, surname
and date of birth,
j) social security number of the husband; If the husband is a foreigner who does not have an assigned
social security number, his name, where applicable, the name, the surname of the husband, and the date of its
birth,
the social security number of the child); If the child is an alien who does not have an assigned
social security number, his name, where applicable, the name and surname and the date of its
birth,
l) date, place and County of death; in the case of the death of a citizen outside the territory of the Czech
Republic, the date, place and the State on whose territory the death occurred,
m) day, who was in the Court decision on the Declaration for the dead mentioned
as the day of death or the date on which the citizen declared dead.
(6) the information Provided under paragraph 3 (b). (c))
and, where applicable, names) the name, surname, maiden name, change
(b) the date of birth),
(c) the location and State of birth),
(d)) and his social security number changes
e) citizenship,
(f)) and the address of the place of stay, type,
(g)) number and permission to stay,
(h) the beginning of the stay, if applicable), date of cancellation of the stay, the data
I) restrictions, mom,
(j)), the administrative or judicial expulsion and the period for which it is not admitted
on the territory of the Czech Republic,
the name or names), surname of the child, if the child is an alien, and
his social security number; in the case that the social security number was not assigned, date
birth,
l) name, or name, surname of the father, mother, or another
legal representative or guardian, if they are aliens, and their native
number; in the event that one of the parents or other legal representative or
the guardian does not have a social security number, his name, where applicable, the name, surname and
date of birth,
m) date, place and County of death; in the case of deaths outside the territory of the Czech
of the Republic, the State on whose territory the death occurred, or the date of death,
n) day, who was in the Court decision on the Declaration for the dead mentioned
as the day of death or the date on which the stranger declared dead survivors,
about) name, or name, surname of the minor foreigners, which was
foreigners with a residence permit in the territory of the Czech Republic or his husband
by decision of the competent authority entrusted to substitute family care, or
that was a stranger with a residence permit in the territory of the Czech Republic, or
his husband, osvojen or whose guardian or husband to his
guardian is an alien with a residence permit in the territory of the Czech Republic,
p) name, where applicable, the name, the surname of a lonely foreigner aged 65 years
regardless of the age of the alien, which cannot of himself from health
reasons to take care of himself, in the case of family reunification with a parent or child with a
residence permit in the territory of the Czech Republic,
q) name, or name, surname of the foreigners, which is dependent
direct relatives in the ascending or descending line or in a
relatives of the husband of a citizen of the European Union,
r) name, where applicable, the name, surname, the parents of the minor foreigners, which
He was granted asylum under special legislation, and his social security number;
in the case of foreigners who do not have assigned a social security number, name, or
name, last name and date of birth.
(7) Provided the information referred to in paragraph 3 (b). (d))
and, where applicable, names) the name, surname, maiden name,
(b)) the day, month and year of birth,
c) place of birth; for physical persons born abroad instead, and the State
birth,
(d)) and his social security number changes.
(8) data that are kept as reference in the principal registry
the population recovered from the agendového information system registration
of the population or agendového information system for foreigners only if they are
in the shape of the previous status quo.
(9) of the provided data that can be used in a particular case only
such information, which are necessary to fulfil that task.
(10) the regional branches of the Office work are required to ensure that the imposition of any
data from the information system, which has been obtained on the basis of processing
the data referred to in paragraph 1, and all the documents and files relating to
been terminated the administrative proceedings for contribution over a period of 15
calendar years following the calendar year in which the
final termination of such administrative procedure or the last
store the data in the information system. For the purposes of this Act,
documents and document means the document file and according to a special legal
^ Regulation 13).
TITLE X
cancelled
section 31
cancelled
PART THE THIRD
SOCIAL SERVICES
TITLE I OF THE
Types of social services and the reimbursement of costs for the provision of social
services
Part 1
Basic types and forms of social services
§ 32
Social services include
and social counselling),
(b) social welfare services)
(c) the social prevention services).
section 33
Forms of provision of social services
(1) the social services are provided as a service to residential, outpatient or
off road.
(2) Pobytovými services means services related to accommodation in the
social service establishments.
(3) the Ambulatory services means the services, for which the person occurs
or is accompanied by, or transported to the establishment of social services and
the service is not part of the accommodation.
(4) the Field of services means the services which are provided to the person in
its natural social environment.
§ 34
Social service facilities
(1) For the provision of social services is setting up this device
social services:
and the daily services center)
(b)) of the day,
(c)) of the week,
d) homes for persons with disabilities,
e) homes for the elderly,
f) homes with special regime,
g) sheltered housing,
h) asylum houses,
I) houses on half way,
j) equipment for emergency assistance,
for the daily centre backs),
l) threshold facilities for children and youth,
m) dormitory
n) therapeutic community,
about) social counselling,
p) socio-therapeutic workshops
q) Centre of social rehabilitation services,
r) workplace early intervention,
with) the intervention centres,
t) equipment aftercare.
(2) a combination of equipment can be set up between the social services and
integrated Centre.
section 35
The basic activities in the provision of social services
(1) Basic activities in the provision of social services are:
and assistance in the management of common) acts of self-care,
(b)) assistance in personal hygiene or the provision of conditions for personal
hygiene,
(c) the provision of food or assistance) to ensure food,
(d) the provision of accommodation, as appropriate) overnight,
(e) ensure the functioning) help in the household,
f) educational, training and activation activities,
(g)) the basic social counselling,
h) mediation of the contact with the social environment,
I) socio-therapeutic activities,
j) assistance in the application of rights, legitimate interests and in obtaining
personal matters,
telephonic assistance to),
l) skills training for self-care, self-sufficiency, and
other activities leading to social inclusion,
m) support for the creation and improvement of the basic working habits and
skills.
(2) the scope of the acts provided for under the basic activities
the various types of social services lays down detailed legal prescription.
(3) Basic activities listed for each species of social services in
section 37, 39 to 52 and 54 to 70 are the providers of social services
must always provide.
(4) Electives can be in the provision of social services
provided by other activities.
section 36
The scope and the conditions of security and cover the health care of persons to whom the
to provide residential services in establishments of the social services referred to in
§ 34 paragraph. 1 (a). c) to (f)), by special legislation ^ 19).
Nursing and rehabilitative care is provided to these persons,
primarily by employees of the establishments referred to in the previous
sentence who have competence for the exercise of the medical profession
under special legislation ^ 20).
Part 2
Social counselling
§ 37
(1) social counselling includes
and social counselling, Basic)
(b) professional social counselling).
(2) Basic social counselling provides individuals the necessary information
contributing to the solution of their unfavourable social situation. Basic
social counselling is essential operations in the provision of all kinds of
social services; providers of social services are always required to
This activity.
(3) the professional social counselling is provided, with a focus on the needs of
individual circuits of the social groups of persons in civil counselling,
the marital and family counselling, counselling for seniors, counselling for
persons with disabilities, counselling for victims of crime and
domestic violence and in a special in-patient medical facilities
the hospice type; It also includes social work with persons whose way
life can lead to conflicts with the company.
(4) the Services referred to in paragraph 3 shall contain the following core activities:
and contact with mediation), social environment,
(b) the socio-therapeutic activity),
(c)), assistance in the application of rights and legitimate interests in obtaining
personal issues.
Part 3
Social care services
section 38
Social care services assist persons to ensure their physical and
emotional self-sufficiency, in order to promote life in their natural
social environment and allow them to the extent possible, participation in
the normal life of society, and in the cases where this excludes their
the State, to ensure them a dignified environment and treatment. Everyone has the right to
provision of services to social care in the least restrictive environment.
section 39
Personal assistance
(1) personal assistance is a service provided to persons who have
reduced self-sufficiency due to age, chronic illness or
disability, whose situation requires the assistance of another natural
of the person. The service is provided without a time limit, in the natural social
environment of persons and activities that a person needs.
(2) the Services referred to in paragraph 1 shall include in particular the following core activities:
and assistance in the management of common) acts of self-care,
(b)) assistance in personal hygiene,
(c)), help in securing food,
(d) ensure the functioning) help in the household,
e) educational, training and activation activities,
f) intermediation of contact with the social environment,
g) assistance in the application of rights, legitimate interests and in obtaining
personal issues.
section 40
Care service
(1) the service is off or out-patient service provided by
persons who have reduced self-sufficiency due to age, chronic
the illness or disability, and families with children, whose
the situation requires the assistance of another individual. The service provides in
during the time in the homes of persons and social services establishments
the listed operations.
(2) the Services referred to in paragraph 1 shall contain the following core activities:
and assistance in the management of common) acts of self-care,
(b)) assistance in personal hygiene or the provision of conditions for personal
hygiene,
(c) the provision of food or assistance) to ensure food,
(d) ensure the functioning) help in the household,
e) mediation of the contact with the social environment.
§ 41
Emergency care
(1) emergency care is a service that provides continuous
distant voice and electronic communication with the persons exposed
standing high risk of danger to health or life in the event of sudden
the deterioration of their State of health or abilities.
(2) the Services referred to in paragraph 1 shall contain the following core activities:
and the provision or mediation) for urgent help in a crisis
the situation,
(b) the socio-therapeutic activity),
(c)) mediation contact with the social environment,
(d)), assistance in the application of rights and legitimate interests in obtaining
personal issues.
section 42
Guide and předčitatelské services
(1) the Guide and předčitatelské services are off or outpatient
services provided by a person whose abilities are reduced due to
age, or disability in the area of orientation or communication, and
helps them to settle their own affairs personally. Services may be
also provided as part of other services.
(2) the Services referred to in paragraph 1 shall contain the following core activities:
and contact with mediation), social environment,
(b)), assistance in the application of rights and legitimate interests in obtaining
personal issues.
§ 43
Support for independent living
(1) the promotion of independent living is a service provided to persons,
that have reduced self-sufficiency due to disability or
chronic diseases, including mental illness, whose situation
requires the assistance of another individual.
(2) the Services referred to in paragraph 1 shall contain the following core activities:
and help ensure the functioning) of the household,
(b)) educational, training and activation activities,
(c)) mediation contact with the social environment,
(d) socio-therapeutic activity),
e) assistance in the application rights, legitimate interests and in obtaining
personal issues.
§ 44
Relief services
(1) Respite services are off, out-patient or residential services
provided by the parties, which have reduced self-sufficiency due to age,
of a chronic disease or disability, which is otherwise
cared for in their natural social environment; the aim of the service is
allow caregiver to a natural person the necessary rest.
(2) the Services referred to in paragraph 1 shall contain the following core activities:
and assistance in the management of common) acts of self-care,
(b)) assistance in personal hygiene or the provision of conditions for personal
hygiene,
(c) the provision of food or assistance) to ensure food,
(d) in the case of accommodation) the provision of residential services,
e) mediation of the contact with the social environment,
f) socio-therapeutic activities,
g) assistance in the application of rights, legitimate interests and in obtaining
personal matters,
h) educational, training and activation activities.
section 45
The day service center
(1) in the day service centres will provide outpatient services to persons
that have reduced self-sufficiency due to age, chronic illness
or disability, and whose situation requires the assistance of another natural
of the person.
(2) the Services referred to in paragraph 1 shall contain the following core activities:
and) help in personal hygiene or the provision of conditions for personal
hygiene,
(b)) the provision of food or help ensure the diet,
(c)) educational, training and activation activities,
d) mediation contact with the social environment,
e) socio-therapeutic activities,
(f)), assistance in the application of the rights and legitimate interests in obtaining
personal issues.
section 46
The day of the
(1) in the daily social welfare institutions to provide outpatient services to persons who
have reduced self-sufficiency due to age or disability, and
persons with chronic mental illness, whose situation requires
the regular assistance of another individual.
(2) the Services referred to in paragraph 1 shall contain the following core activities:
and assistance in the management of common) acts of self-care,
(b)) assistance in personal hygiene or the provision of conditions for personal
hygiene,
(c)) the provision of food,
d) educational, training and activation activities,
e) mediation of the contact with the social environment,
f) socio-therapeutic activities,
g) assistance in the application of rights, legitimate interests and in obtaining
personal issues.
section 47
Weekly social welfare institution
(1) social welfare institutions are provided in the weekly residential services to persons who
have reduced self-sufficiency due to age or disability, and
persons with chronic mental illness, whose situation requires
the regular assistance of another individual.
(2) the Services referred to in paragraph 1 shall contain the following core activities:
and the provision of accommodation)
(b)) the provision of food,
c) assistance in personal hygiene or the provision of conditions for personal
hygiene,
(d) assistance in coping with common) acts self-care,
e) educational, training and activation activities,
f) intermediation of contact with the social environment,
g) socio-therapeutic activities,
h) assistance in the application rights, legitimate interests and in obtaining
personal issues.
section 48
Homes for people with disabilities
(1) in homes for persons with disabilities to provide subsistence
services to persons who have reduced self-sufficiency due to health
disability, and whose situation requires regular assistance of another natural
of the person.
(2) the Services referred to in paragraph 1 shall contain the following core activities:
and the provision of accommodation)
(b)) the provision of food,
(c) assistance in coping with common) acts self-care,
d) assistance in personal hygiene or the provision of conditions for personal
hygiene,
e) educational, training and activation activities,
f) intermediation of contact with the social environment,
g) socio-therapeutic activities,
h) assistance in the application rights, legitimate interests and in obtaining
personal issues.
(3) their dependent children in homes for the disabled
disabilities provides personal equipment, small objects of common personal
needs, and some services, taking into account their needs. Personal
equipment means the linens, clothing and footwear; some of the services
means the hair cutting, shaving, and pedicure. Nezaopatřenost of a child for
the purposes of this Act, shall be assessed in accordance with the Act on State social support ^ 22)
.
(4) in homes for persons with disabilities may be exercised
constitutional education, educational measures or interim measures pursuant to
special legislation ^ 23). For the performance of institutional care or
interim measures in homes for persons with disabilities
apply with regard to the specific needs of persons with disabilities
mutatis mutandis, the provisions of the law on the execution of institutional care or protective
education in educational establishments) ^ 24
and the rights and obligations of the children), located in school facilities for
the performance of institutional care,
(b) the right of the Director such facilities) allow the child to stay out of the device,
disable or interrupt a visit to the persons responsible for the education or other
persons in the facility, to be present at the opening of a letter or parcel
consignment of a child, take the child in the temporary custody of valuable objects,
cash or threatening the education, health or
the child's safety, allow children older 15 years of travel to places
stay unattended and represented the child in ordinary matters,
(c) the responsibilities of the Director) such equipment to familiarize the child with its rights and
obligations, give impetus to the competent court to repeal the constitutional education,
There are no longer grounds for its regulation, the complaint lodged with the Court on the extension of the
constitutional education, if required by the interests of the child, provide information about the
the legal representatives of the child or opatrovníkovi and the socio-legal institution
the protection of children, at their request, to discuss in advance the measures essential
the importance of the legal representative or guardian of the child, there is a
the danger of delay, inform about the upcoming release of the child from the
equipment, the competent municipal office municipality with extended powers, dismiss
a child under 15 years of age only if accompanied by persons responsible for the education,
(d)) the right to and the amount of pocket money.
section 49
Homes for the elderly
(1) in the homes for the elderly provide residential services to persons who
have reduced self-sufficiency due to age, in particular the situation
requires regular assistance of another individual.
(2) the Services referred to in paragraph 1 shall contain the following core activities:
and the provision of accommodation)
(b)) the provision of food,
(c) assistance in coping with common) acts self-care,
d) assistance in personal hygiene or the provision of conditions for personal
hygiene,
e) mediation of the contact with the social environment,
f) socio-therapeutic activities,
g) activate the activities,
h) assistance in the application rights, legitimate interests and in obtaining
personal issues.
section 50
Homes with special regime
(1) in homes with special regime to provide residential services
persons who have reduced self-sufficiency due to chronic mental
illness or dependence on addictive substances, and persons with
senile dementia, Alzheimer's and other types of dementia, which have
reduced self-sufficiency due to these diseases, the situation
requires regular assistance of another individual. The regime in these
facilities in the provision of social services is tailored to the specific
the needs of such persons.
(2) the Services referred to in paragraph 1 shall contain the following core activities:
and the provision of accommodation)
(b)) the provision of food,
c) assistance in personal hygiene or the provision of conditions for personal
hygiene,
(d) assistance in coping with common) acts self-care,
e) mediation of the contact with the social environment,
f) socio-therapeutic activities,
g) activate the activities,
h) assistance in the application rights, legitimate interests and in obtaining
personal issues.
section 51
Sheltered housing
(1) Protected housing is the residential service provided to persons who have
reduced self-sufficiency due to disability or chronic
diseases, including mental illness, whose situation requires assistance
other natural persons. Sheltered housing is a form of group or
individual housing.
(2) the Services referred to in paragraph 1 shall contain the following core activities:
and the provision of food or assistance) to ensure food,
(b)) the provision of accommodation,
(c) ensure the functioning) help in the household,
d) assistance in personal hygiene or the provision of conditions for personal
hygiene,
e) educational, training and activation activities,
f) intermediation of contact with the social environment,
g) socio-therapeutic activities,
h) assistance in the application rights, legitimate interests and in obtaining
personal issues.
section 52
Social services provided in health centres inpatient care
(1) In healthcare facilities beds provide residential péčee
social services to persons who no longer require in-patient care, but
due to his medical condition are not able to get around without the help of
other natural persons and may not be released from the medical
facilities bed care ^ 25) until they secured assistance person
nearby, or another natural person or to ensure the provision of off-road
or outpatient or residential social services social services
in the establishments of social services.
(2) the Services referred to in paragraph 1 shall contain the following core activities:
and the provision of accommodation)
(b)) the provision of food,
c) assistance in personal hygiene or the provision of conditions for personal
hygiene,
(d) assistance in coping with common) acts self-care,
e) mediation of the contact with the social environment,
f) socio-therapeutic activities,
g) activate the activities,
h) assistance in the application rights, legitimate interests and in obtaining
personal issues.
Part 4
Social prevention services
section 53
Social prevention services help to prevent social exclusion of persons
the crisis affected the social situation, lifestyle habits
and a way of life leading to a conflict with the company, the social
nor can unfavourable environment and threats to the rights and legitimate interests of the criminal
the activities of other individuals. The aim of the social services, prevention is
to assist the parties to overcome their adverse social situation and
protect the company against the emergence of and disseminating undesirable social
phenomena.
§ 54
Early care
(1) Early care is off the service, where appropriate, supplemented by out-patient form
the service, the service provided to the child and the parents of a child under the age of 7 years,
that is disabled or whose development is at risk as a result of
adverse health condition. The service is focused on the support of families and
support the development of the child with regard to its specific needs.
(2) the Services referred to in paragraph 1 shall contain the following core activities:
and) educational, training and activation activities,
(b) contact with mediation), social environment,
(c) socio-therapeutic activity),
(d)), assistance in the application of rights and legitimate interests in obtaining
personal issues.
section 55
Telephonic assistance
(1) the service dial-up crisis assistance is a service provided to
transitional period to persons who are in a situation of risk to health
or life or in other difficult life situation, which temporarily
they cannot solve on its own.
(2) the Services referred to in paragraph 1 shall contain the following core activities:
and crisis assistance, telephone)
(b)), assistance in the application of rights and legitimate interests in obtaining
personal issues.
section 56
Interpreting services
(1) the interpretation services are off, or outpatient services
provided by persons with communication disorders caused by the particular
sensory disabilities, which prevents the normal communication with the surroundings without
assistance of other individuals.
(2) the Services referred to in paragraph 1 shall contain the following core activities:
and contact with mediation), social environment,
(b)), assistance in the application of rights and legitimate interests in obtaining
personal issues.
§ 57
Asylum houses
(1) Asylum homes provide residential services to persons in the transitional period
adverse social situation associated with the loss of housing.
(2) the Services referred to in paragraph 1 shall contain the following core activities:
and the provision of food or assistance) to ensure food,
(b)) the provision of accommodation,
(c)), assistance in the application of rights and legitimate interests in obtaining
personal issues.
section 58
Houses on half way
(1) half-way Houses providing residential services usually for persons in the
26 years of age, the age of majority is reached, leaving schools
institutional or protective education for persons from other
facilities for the care of children and young people, and for people who are released from
imprisonment or protective treatment. Way of providing
social services in these establishments is tailored to the specific
the needs of such persons.
(2) the Services referred to in paragraph 1 shall contain the following core activities:
and the provision of accommodation)
(b) contact with mediation), social environment,
(c) socio-therapeutic activity),
(d) assistance in the implementation of rights), the legitimate interests and the provision of personal
matters.
section 59
Contact centers
(1) contact centers are a low-threshold agencies providing outpatient,
where appropriate, field service people threatened with addiction substance abuse
substances. The aim of the service is to reduce social and health risks
associated with the abuse of addictive substances.
(2) the Services referred to in paragraph 1 shall contain the following core activities:
and) socio-therapeutic activities,
(b)), assistance in the application of rights and legitimate interests in obtaining
personal matters,
(c) the conditions for) the provision of personal hygiene.
section 60
Crisis assistance
(1) Emergency assistance is outreach, outpatient or residential service
a transitional period is provided for persons who are in a situation
threat to health or life, when temporarily cannot solve its
the unfavourable social situation on your own.
(2) the Services referred to in paragraph 1 shall contain the following core activities:
and the provision of accommodation)
(b)) the provision of food or help ensure the diet,
(c) socio-therapeutic activity),
(d)), assistance in the application of rights and legitimate interests in obtaining
personal issues.
§ 60a
The intervention Center
(1) On the basis of a report from the common dwelling under a special rule
Code ^ 26) is the person at risk of violent behavior reported persons
offered assistance not later than 48 hours from the receipt of the copy of the official
reporting record intervention Center. Assistance intervention centre
may also be granted on the basis of the application of the person affected violent
the behavior of other persons inhabiting a common dwelling with her or even without such
initiative, and it immediately after the intervention of the threat Center
the person becomes aware of violent behavior. Social service intervention centre
the services are provided as an outpatient or residential landscaping.
(2) the Services referred to in paragraph 1 shall contain the following core activities:
and) socio-therapeutic activities,
(b)), assistance in the application of rights and legitimate interests in obtaining
personal issues.
(3) Service under paragraph 1 is provided in the form of residential services
contains in addition to the basic activities referred to in paragraph 2, the following basic
activities:
and the provision of accommodation)
(b)) the provision of food or help ensure the diet.
(4) the part of the service is to ensure cooperation and mutual information
between the intervention centres, other providers of social services,
authorities of the socio-legal protection of children, the municipalities, departments of the police of the Czech
Republic and municipal police, as well as other public authorities.
section 61
Threshold daily Center
(1) the Threshold of day centres provide outpatient, or off road
services for the homeless.
(2) the Services referred to in paragraph 1 shall contain the following core activities:
and) help in personal hygiene or the provision of conditions for personal
hygiene,
(b)) the provision of food or help ensure the diet,
(c) assistance in the implementation of rights), the legitimate interests and the provision of personal
matters.
section 62
Low-threshold agencies for children and youth
(1) low-threshold agencies for children and youth provide outpatient,
where appropriate, field services to children aged from 6 to 26 years of age affected
socially undesirable phenomena. The aim of the service is to improve the quality of their
of life by preventing or reducing social and health risks
related to the manner of their lives, to enable them better to navigate
in their social environment, and to create conditions for a solution to their
adverse social situation. The service may be provided by persons
anonymously.
(2) the Services referred to in paragraph 1 shall contain the following core activities:
and) educational, training and activation activities,
(b) contact with mediation), social environment,
(c) socio-therapeutic activity),
(d)), assistance in the application of rights and legitimate interests in obtaining
personal issues.
section 63
The dormitory rooms
(1) the dorms provide outpatient services to persons without shelter, which
they are interested in the use of the sanitary facilities, and an overnight stay.
(2) the Services referred to in paragraph 1 shall contain the following core activities:
and) help in personal hygiene or the provision of conditions for personal
hygiene,
(b)) the provision of overnight accommodation.
section 64
Aftercare services
(1) Care Services are an outpatient or residential services
provided by persons with chronic mental illness and persons dependent
on addictive substances, which underwent in-patient care in health care
the device underwent the outpatient treatment or subject, or
persons abstinují.
(2) the Services referred to in paragraph 1 shall contain the following core activities:
and) socio-therapeutic activities,
(b) contact with mediation), social environment,
(c)), assistance in the application of rights and legitimate interests in obtaining
personal issues.
(3) Service under paragraph 1 is provided in the form of residential services
aftercare facilities includes in addition to the basic activities referred to in
paragraph 2 of these basic activities:
and the provision of accommodation)
(b)) the provision of food or help ensure the diet.
section 65
Social activate services for families with children
(1) social activate services for families with children are off,
where appropriate, out-patient services provided by the family of the child, which is
its development is compromised as a result of the impact of the crisis in the long term social
the situation that parents fail to themselves without help to overcome, and which
There are other risks to the threat of its development.
(2) the Services referred to in paragraph 1 shall contain the following core activities:
and) educational, training and activation activities,
(b) contact with mediation), social environment,
(c) socio-therapeutic activity),
(d)), assistance in the application of rights and legitimate interests in obtaining
personal issues.
section 66
Social activate services for seniors and persons with
disabilities
(1) social activate services are outpatient, or off road
the services provided by persons in retirement age or to persons with
disabilities at risk of social exclusion.
(2) the Services referred to in paragraph 1 shall contain the following core activities:
and contact with mediation), social environment,
(b) the socio-therapeutic activity),
(c)), assistance in the application of rights and legitimate interests in obtaining
personal issues.
§ 67
Socio-therapeutic workshops
(1) the socio-therapeutic workshops are outpatient services provided by
people with reduced self-sufficiency due to disability, which
for this reason they are not placeable on the open or protected market
the work. Their purpose is long-term and regular support for the improvement of
working habits and skills through social work
therapy.
(2) the Services referred to in paragraph 1 shall contain the following core activities:
and) help in personal hygiene or the provision of conditions for personal
hygiene,
(b)) the provision of food or help ensure the diet,
c) skills training for self-care, self-sufficiency, and
other activities leading to social inclusion,
(d)) support the creation of and improving the basic working habits and
skills.
section 68
Therapeutic community
(1) the therapeutic community residential services and provide for transitional
time for persons dependent on addictive substances or persons with chronic
mental illness, that are interested in integrating into ordinary life.
(2) the Services referred to in paragraph 1 shall contain the following core activities:
and the provision of food,)
(b)) the provision of accommodation,
(c)) mediation contact with the social environment,
(d) socio-therapeutic activity),
e) assistance in the application rights, legitimate interests and in obtaining
personal issues.
§ 69
Outreach programs
(1) off road programs are off the services provided to persons who
lead risk way of life or are in this way of life at risk.
The service is intended for the troubled group of persons, users of addictive
substances or narcotic drugs psychotropic substances, persons without shelter, the person
living in socially excluded communities and other socially vulnerable
the Group of. The aim of the service is to search for these people and minimize the risks
their way of life. The service may be persons provided anonymously.
(2) the Services referred to in paragraph 1 shall contain the following core activities:
and contact with mediation), social environment,
(b)), assistance in the application of rights and legitimate interests in obtaining
personal issues.
section 70
Social rehabilitation
(1) Social rehabilitation is a set of specific activities aimed at
achieve autonomy, independence and self-sufficiency of people, and it
the development of their specific abilities and skills, strengthening
habits and training routine performance, for a separate life of the necessary
the activities of an alternative way of using the retained abilities,
potentials and competences. Social rehabilitation is provided in the form of
landscaping and outpatient services, or in the form of residential services
provided in the centres of social rehabilitation services.
(2) Service under paragraph 1 is provided in the form of field or
outpatient services include the following core activities:
and) skills training for self-care, self-sufficiency, and
other activities leading to social inclusion,
(b) contact with mediation), social environment,
(c)) educational, training and activation activities,
(d)), assistance in the application of rights and legitimate interests in obtaining
personal issues.
(3) Service under paragraph 1 is provided in the form of residential services
centers of social rehabilitation services provides in addition to the basic
activities, contained in paragraph 2 of these basic activities:
and the provision of accommodation)
(b)) the provision of food,
c) assistance in personal hygiene or the provision of conditions for personal
hygiene.
Part 5
Reimbursement of costs for social services
section 71
(1) the social services are provided to persons without the costs or for
partial or full reimbursement of costs.
(2) the payment of costs for the provision of social services shall be borne by the person in the amount of
agreed in the contract concluded with the provider of services under section 91.
(3) the Social Services Provider may agree to the participation of the
cover the costs with a person close to the person, which is a social service
granted, where appropriate, another natural person or legal
person, if the person, which is a social service is provided, does not have its own
income or income is not sufficient to cover the costs.
(4) the Income of the person for the purposes of remuneration means income pursuant to the Act on
environmental and existential minimum ^ 27), with the exception of the post.
section 72
Social services provided without payment
Without payment of the costs shall be provided
and) social counselling (§ 37)
(b)) early care (article 54),
c) telephonic assistance (section 55),
d) interpreting services (section 56),
(e)) crisis assistance (section 60)
(f)) services aftercare (section 64), with the exception of basic activities
provided according to § 64 paragraph. 3,
g) social activate services for families with children (para. 65),
h) social activate services for seniors and persons with
disabilities (section 66),
I) outreach programs (section 69),
j) social rehabilitation (para. 70), with the exception of basic activities
granted under section 70, paragraph. 3,
to contact social service) centers (section 59) and low-threshold
facilities for children and youth (para. 62),
l) socio-therapeutic workshops (section 67), with the exception of the basic
activities provided under section 67, paragraph. 2 (a). (b)),
m) social services intervention center (§ 60a).
Social services provided for remuneration
section 73
(1) For residential services provided in
and weekly) social welfare institutions (section 47),
b) homes for persons with disabilities (section 48),
(c)) of the homes for the elderly (section 49)
d) homes with special regime (section 50),
e) medical facilities bed care (§ 52),
shall be borne by the person reimbursement for accommodation, food and care provided in
the agreed range.
(2) care for the purposes of determination of remuneration: basic activities referred to
in section 35, paragraph. 1 (a). and), b), (e)), f) and h) to (j)).
(3) the maximum amount of remuneration for the Board and lodging shall lay down the detailed
legal prescription. Payment for accommodation and meals in the provision
residential services in weekly social welfare institutions must remain at least 25 person
% of its income, and in the provision of residential services provided in
paragraph 1 (b). (b) to (e))) the person must remain at least 15% of its income.
(4) the remuneration shall be established in the provision of care
and residential services), with the exception of weekly care centres, in the amount of
granted, the contribution
(b) residential services in the weekly) social welfare institutions for a maximum of 75% of the
granted the allowance.
(5) a person, that are provided by the social services referred to in paragraph 1 and
that would cover the costs for accommodation and meals shall be left out of her
the amount of income referred to in paragraph 3, is required to substantiate a provider
These social services, the amount of your income for purposes of the determination of the remuneration
referred to in paragraph 3 and shall notify him of the receipt, the changes that have
effect on the level of the remuneration referred to in paragraph 3.
§ 74
(1) For residential services provided by child nezaopatřenému ^ 22)
weekly social welfare institutions (§ 47) and homes for people with
disabilities (§ 48) shall be borne by the parents of the child or a parent who has a child
entrusted to the care of a court decision or other natural person required
nutrition of a child, the remuneration for the Board and for the care provided within the agreed
the range. For residential services provided in weekly social welfare institutions (§ 47)
nezaopatřenému the child, which is entrusted to the care of the physical person who has
for this reason, the right to benefits under a special foster care
^ Law 28) shall be borne by the remuneration referred to in the first sentence of this natural
the person.
(2) if the child is placed in a home for persons with disabilities on
the basis of the decision of the Court of constitutional regulation of education, educational
measures or provisional measures shall determine the remuneration for the Board and for the care
by decision of the municipal office municipality with extended competence competent according to
the place of residence of the child permanently or reporting. Parents on the cover
the remuneration involved in equal shares, unless otherwise provided. Reimbursement is
at the request of the person under paragraph 1 shall be obliged to pay the remuneration,
where appropriate, on the initiative of the social services the device referred to in paragraph 1,
If the evidence does not establish that this person or a person with her together
under consideration is the recipient of benefits under the Act on assistance in material
need ^ 28a). Remuneration at the request of the person referred to in paragraph 1
required to pay cover, where appropriate, on the initiative of establishment of social services
referred to in paragraph 1, also provides for or is reduced, if this
a person showing that, after the payment of the remuneration would be its income or the income and
the income of the persons evaluated jointly with it has dropped below the sum of the amount
According to the Act on the subsistence lifestyle and an existential minimum ^ 27) and
the amount of housing costs in accordance with the normative specific legal
code ^ 28b).
(3) the maximum amount of remuneration for the Board under paragraphs 1 and 2 shall provide for
the implementing legislation. If the device the social services, in
where is the dependent child is placed, shall be paid according to a special legal
Regulation of child benefit ^ 29), reduces the remuneration of its amount.
(4) payment for child care nezaopatřenému ^ 22) shall be established in the provision of
and residential services) in homes for persons with disabilities in the
the amount of granted contribution
(b) residential services in the weekly) social welfare institutions for a maximum of 75% of the
granted the allowance.
The provisions of section 73, paragraph. 2 shall apply mutatis mutandis.
(5) For residential services provided in weekly social welfare institutions (§ 47) and
homes for people with disabilities (section 48), a child who is not
dependent child 22 ^ ^), and the child who is beneficiary of the orphans '
pensions after both parents shall be borne by the payment of the child pursuant to section 73.
§ 75
(1) for the provision of
and) personal assistance (section 39),
b) nursing services (section 40)
c) emergency care (section 41),
(d)) and předčitatelských guide services (§ 42),
(e) to support independent living) (section 43),
f) respite services (section 44),
g) services in the day service centres (section 45),
h) services in daily social welfare institutions (§ 46),
and residential services in malls) social rehabilitation services
referred to in section 70, paragraph. 3,
j) services in sheltered housing (section 51),
shall be borne by the person's remuneration for the basic activities within the limits set by the Treaty,
unless otherwise provided for in paragraph 2. The maximum amount of remuneration to be determined
the implementing legislation.
(2) service with the exception of the cost of meals provided in
the basic activities referred to in § 40 paragraph. 2 (a). (c)) provides no
the remuneration
and in which families) were born at the same time of 3 or more children, and that to 4
the age of these children,
(b)) ^ 30 participants of the resistance),
(c)) to persons who are oral rehabilitation under the law No. 119/1990 Coll.
on judicial rehabilitation as amended by law No 47/1991 Coll., or for which
It was condemning the Court decision for the offences referred to in section 2 of the Act
No. 119/1990 Coll., as amended by Act No. 47/1991 Coll. repealed before the date of
its efficiency, or oral rehabilitation under section 22 (b). (c))
Act No. 82/1968 Coll., on the judicial rehabilitation, if unauthorized
custody or imprisonment amounted to a total of at least 12 months,
where appropriate, less if this performance should be 12 months, but ended up from the
for health reasons before the expiry of 12 months,
(d)) persons included in the camp of forced labour or work
the Department, if the decision about this classification has been cancelled under section 17
paragraph. 1 of law No. 87/1991 Coll. on extra-judicial rehabilitation, or in
military camp hard labour, if the order of its inclusion in the
This camp was canceled according to § 18 paragraph. 1 of law No. 87/1991 Coll., on the
amended by law No 267/1992 Coll. and Act No. 78/1998 Coll., or in
centralizačním monastery with the regime of forced labour camps were similar,
If the total period of stay at these facilities was 12 months,
where appropriate, less if this period should be 12 months, but ended up from the
for health reasons before the expiry of 12 months,
e) surviving spouses (wives) to persons referred to in subparagraphs (a) (b))
to d) 70 years earlier.
§ 76
(1) for the provision of social services in
a) shelters (section 57),
b) houses at the half-way (section 58),
c) therapeutic communities (section 68),
d) facilities aftercare (section 64 (3)),
shall be borne by the person's remuneration for the Board and lodging, and for the provision of social
services in socio-therapeutic workshops shall be borne by the person's remuneration for the Board in the
the extent provided for by the Treaty. The maximum amount of remuneration lays down detailed
legal prescription.
(2) for the provision of social services in the dormitory (section 63) shall be borne by the person
payment in the amount specified by the provider.
(3) for the provision of social services in low-threshold centres daily
(§ 61) shall be borne by the person's remuneration for the Board in an amount set by the provider.
§ 77
Payment for optional activities may be fixed in the full amount of the costs
on these services.
TITLE II
The conditions for the provision of social services
Part 1
Registration
Section 1
Conditions of registration
§ 78
(1) the social services can be provided only on the basis of permission to
the provision of social services, if not in section 83 and 84 provided otherwise;
This permission is acquired by a decision on registration.
(2) the registration shall be decided by the competent regional authority permanent
or the reporting of the stay of the natural person or the seat of the legal person,
where appropriate, according to the location of the organizational components of the foreign legal person
on the territory of the Czech Republic; in the event that the founder of the provider
the Ministry of social services, shall decide on the registration of this
the Ministry (hereinafter referred to as "signing authority").
section 79
(1) it is a condition of registration
and the submission of a written application of the) register, which contains the essentials
referred to in paragraph 5,
(b)) the competence of all physical persons, which will be directly
to provide social services,
c) integrity
1. all physical persons, that will directly provide social services,
2. a legal person that will provide social services,
(d)) to ensure hygienic conditions, if they are social services provided
in the establishment of social services,
(e) the ownership or other right) to the object or areas in which they will be
provision of social services,
(f) ensure the physical and technical) of the conditions of the corresponding type of
provided by social services,
(g)), the fact that the assets of natural or legal persons, that is
the applicant for registration was not declared bankrupt or against it was not
opened insolvency proceedings or insolvency was not rejected for
the lack of the debtor's assets.
(2) for the good for the purpose of this Act, a natural person shall be considered and
legal person, that have not been convicted for an intentional criminal offence, or
crime of negligence in connection with carrying out the activities
in the provision of social services or comparable activities,
or a natural person and a legal person whose conviction for these
the offences were zahlazeno or for other reasons, such as
would not have been convicted.
(3) Integrity shall be evidenced by a statement of convictions, and on
documents proving the fulfilment of the conditions of integrity of the issued by the States, in
where a natural person in the last 3 years continuously
For more than 3 months, or any legal person engaged in the activity of the past
3 years for at least 3 months. Extract from the criminal register and
other documents, which shows integrity, must not be older than 3 months.
In recognition of the integrity of the document, issued by the competent authority of another
the Member State of the European Union, proceed according to a special legal
^ Code 31). In order to authenticate the integrity of the registering authority's
requests under special legislation ^ 30a) extract from the register
Criminal records. Request for the release of the statement from the criminal register and
extract from the criminal record shall be transmitted in electronic form, and
This means that allow remote access.
(4) the competence to be assessed in accordance with section 110, paragraph. 4 and 5, § 116
paragraph. 5 and § 117.
(5) the application for registration shall contain the following information and documents attached:
and if the applicant) is a legal person, company or business name, registered office
or the location of its organisational units, the identification number of the person (hereinafter
"identification number") and the statutory authority,
(b) if the applicant) is a natural person, the name, or name, last name,
place of permanent residence and the reporting date or place of birth,
(c) if the applicant) is the organizational component of the State or any local government
a whole, on whose behalf will provide social services organizational folder
territorial self-governing unit, its name, address, identification number
its founder, the name, or names, and surname head
organizational folder
(d)) provided by the social services, which are
1. name and location of the device or place or the place of the provision of social
services, where appropriate, the request for disclosure of the place of the device, if the
social services provided in the asylum House or residential social
services provided at the intervention centre or in a crisis
assistance,
2. types of social services provided,
3. the circle of persons for which it is intended, where appropriate, social service, their
age or type of disability,
4. a description of the implementation of the provision of social services,
5. a description of the staffing provided by social services,
6. time range of the provision of social services,
7. the capacity provided by the social services,
8. the plan for financial security, social services,
9. method of providing health care, with respect to the provision of social
the services according to § 34 paragraph. 1 (a). (c) to (f))),
10. day of the beginning of the provision of social services,
e) proof of integrity of natural persons or legal entities referred
in paragraph 1 (b). (c)), with the exception of extract from the criminal register,
f) documents or their officially certified copies proving professional
the eligibility of the natural persons referred to in paragraph 1 (b). (b)),
(g) the decision on approval of the action) of the order of social services
referred to in § 34 paragraph. 1 (a). (c) to (f))) published by authority of the protection
public health,
h) evidence of proprietary or other right to the object or areas in
which will be provided by the social services, which implies a permission
the applicant, these objects or spaces to enjoy,
even if the applicant) is a legal entity, a certified copy of the
founding documents and registration documents according to the Special
legislation, where appropriate, the extract from the commercial register or other
registration under special legislation,
j) proof that the applicant has tax arrears and has no outstanding balance on
insurance and finance charges on public health insurance, and the insurance and
on the finance charge memo on social security and a contribution to State policy
employment,
k) affidavit of the facts referred to in paragraph 1 (b). (g)),
in the case of the applicant, subject to the insolvency law ^ 56).
(6) the Registering authority may decide that the documents which the applicant
attaches to the authorisation referred to in paragraph 5 and § 80, may be made in
electronic form in the format, which will announce the signing authority if
It is not prescribed in a special legal regulation.
§ 80
Social services provider is obliged before the start of their
to conclude the insurance contract provision for the case of liability for damage
caused in the provision of social services; This insurance must be
agreed all the time, that provides social services in accordance with
of this law. Provider of social services shall, within 15 days from the
the date of conclusion of the insurance contract, send a certified copy of the
registrujícímu authority.
§ 81
(1) Registering authority shall issue the authorisation if the applicant
proves that it meets the conditions set out in § 79 paragraph. 1.
(2) the decision on registration contains
and social services provider) indicating the data according to § 79
paragraph. 5 (a). and (b))), or (c)),
(b) the identification number allocated to the provider) social services; If
the providers of social services has not yet been an identification number
granted, the authority it shall provide basic administrator registrujícímu
the registry of persons ^ 31a)
(c) the name and place of the device) or the place or the place of the provision of social
services,
d) kinds of social services that will be provided, the numeric designation
social services (identifier) and the form of the provision of social services,
(e)) the class of persons to which the social services provided,
(f) an indication of the capacity) provided social services,
(g)) starting the provision of social services.
section 82
(1) a provider of social services shall notify the
registrujícímu authority of the changes concerning the data contained in the request for
registration and in the documents to be submitted with this request pursuant to § 79 paragraph.
5, with the exception of the data requirements of the marketing authorisation
pursuant to section 81, paragraph. 2, and with the exception of the data according to § 79 paragraph. 5 (a). (d))
8. Social Services Provider is obliged to notify these changes to the
the fifteenth day of the calendar month following the calendar month,
in which changes have occurred, and demonstrate these changes, the relevant documents.
(2) the changes, which are requirements of the marketing authorisation
pursuant to section 81, paragraph. 2, the signing authority of the decision to change the
registration, and on the basis of a written request from the provider of social
services. Application for amendment of registration data, which contains the changes
concern, supported by appropriate documents. The provision of social services in
accordance with these changes is possible only after the decision on the change
registration.
(3) Registering authority shall decide on cancellation of registration, if the
and social services provider) no longer meets the conditions referred to in
section 79 and 80,
(b) providers of social services) have been imposed penalties for administrative
tort in the case of particularly serious violations of the obligations laid down
providers of social services,
(c) social services or provider) after the imposition of sanctions for administrative
offence under section 107, paragraph. 2 (a). m) fails to comply with the measures imposed to
the removal of deficiencies in the area of compliance with standards of quality of social
services identified during the inspection of the provision of social services, or
(d)), a provider of social services shall request the cancellation of the registration; This
the request must be made at least 3 months before the date of termination.
(4) if the facts referred to in paragraph 3 (b). and (c)))
some of the social services provided by the same provider
of social services, the registering authority may decide only about changing
registration. The period referred to in paragraph 3 (b). (d)) is true even in the case when the
social service provider requests a variation consisting in the
their only some of the social services referred to in the decision
the registration.
(5) the decision on registration shall expire if the supplier
social services nezapočne providing social services within 6
months of the decision on registration.
(6) the registration is not transferable and shall expire on the date of demise
legal persons or date of death of the natural person.
(7) the Registering authority shall inform without delay the Ministry of Justice
on the change or cancellation of the decision on registration of the provider of social
the service, which is provided for in the notice of the Ministry of Justice registered also
in the register of providers of assistance to victims of offences under the law on
victims of crime ^ 55).
section 82a
(1) Registering authority shall check compliance with the conditions laid down for the
registration for the providers of social services, which issued the decision on
the registration.
(2) the Registers shall be authorized to impose social providers
the service measures to correct the deficiencies identified during this inspection.
Social services provider is obliged to comply with the measures imposed
within the time limit laid down by the authorising authority.
(3) for the purposes of checks of the registration conditions shall apply mutatis mutandis to the provisions of
§ 79 paragraph. 3 the fourth and fifth sentences.
section 83
(1) the Registration under section 79 is not required if the person provides assistance to the person
nearby, or assistant social care, that this activity does not like
Entrepreneur ^ 32).
(2) an assistant social care referred to in paragraph 1 may only be natural
a person who is older than 18 years of age and disabled eligible. Health
eligibility is assessed in accordance with section 29. 1 (a). (e)).
(3) social care Assistant is required to provide assistance in person and with the
a person who provides assistance, to conclude a written contract for the provision of
help. Formalities of the contract is the designation of the Contracting Parties, the scope of the
to help, the place and time of the delivery of assistance and the amount of the remuneration for the assistance. For
the conclusion of the contract for the provision of assistance shall apply mutatis mutandis to the provisions of § 91
paragraph. 6.
§ 84
(1) the Registration under section 79 is also not required for natural or legal
a person who is established in another Member State of the European Union, if the
provides social services in the meaning of this Act on the territory of the Czech
Republic, temporarily and occasionally, if he proves that he is
and) a national of a Member State of the European Union or has its registered office in
another Member State of the European Union,
(b)) a holder of authorization to pursue the activities referred to in paragraph 1 in accordance with
legislation of another Member State of the European Union.
(2) the natural or legal person referred to in paragraph 1 shall be obliged to
notify the Regional Office of the competent according to the place of the provision of social
start-up services on the territory of the Czech Republic and the present document,
that it warrants the provision of social services in another Member
State of the European Union, and within 8 days from the date of this
activity.
(3) a natural or legal person referred to in paragraph 1 May this activity
to carry out the date on which the competent regional authority announced the launch of
activities on the territory of the Czech Republic; When this activity is required to
comply with the obligations laid down by the providers of social services under section
88 and 89.
(4) the regional office shall decide on the suspension of the activities of the legal or
the natural person referred to in paragraph 1 on the territory of the Czech Republic, if the
It finds that has ceased to be an authorization to pursue the activity in the State where it is
established, or if it finds a serious breach of the obligations referred to in section
88 and 89.
(5) the Registration under section 78 and 79 are also not required for the provision of
social services in health care lůýkové according to § 52.
In the provision of social services providers are inpatient care
required to comply with the obligations laid down by social service providers
in section 88 (a). b), c), (h) and (i))).
Section 2
The register of providers of social services
§ 85
(1) Regional Office
the register of providers of social services
(hereinafter referred to as "the register"), in which the provider writes the social
the service, which was issued the decision on registration, and legal and
the natural person referred to in section 84, paragraph. 1. The registry shall be required to
the request to write also the providers of social services in health care
establishments of institutional care under section 52, the special inpatient health care
the device type and the children's Hospice home. The local jurisdiction of the regional
the authority is governed by section 78, paragraph. 2, unless otherwise specified.
(2) the register is maintained in paper and electronic form. The regional authority is
the administrator of the documentary form of registry and electronic form processor
the registry. When processing data in accordance with a special legislative
Code ^ 10).
(3) register in paper form contains
and the information specified in §) 79, paragraph. 5 (a). and (d)),)
(b)) documents listed in section 79, paragraph. 5 (a). (f)) to) and § 80.
(4) the register in electronic form containing the information specified in § 79 paragraph. 5
(a). and (d))), the identification number according to § 81 paragraph. 2 (a). (b)),
the numeric designation of the social services pursuant to section 81, paragraph. 2 (a). (d)), the information
on the outcome of the inspections made to provide social services and information
of the result of checks on compliance with the conditions laid down for the registration of. The contents of the
information about the outcome of the inspections made shall lay down detailed legal
prescription. Regional Office, and if the information about the result
inspection of the Ministry, the information written to the registry in accordance with the first sentence and
their changes without undue delay.
(5) the register in electronic form also contains data about the capacity,
the material, technical and human resources, the provision of security
the basic and optional activities and financing of individual
social services, and the generalized data on applicants, persons, which is
social service is provided, and the persons that could not be
contract for the provision of social services for the reasons referred to in § 91
paragraph. 3, and the data on the number of persons for which the measures were applied
restricting the movement of persons, and on the frequency of their use according to the species of these
measures, and for the purposes of the analytical and conceptual activities of the Ministry.
Provider of social services, which is registered in the registry, it is obliged to
the following information to communicate to the regional office referred to in paragraph 1
through the electronic system on a form prescribed
the Ministry, within the time limit to 30. June for the previous calendar year.
The competent regional authority checks the correctness and completeness of these data.
(6) the register in electronic form also contains data on the amount of the granted
subsidies for the calendar year under Section 101a, paragraph. 2 and section 104 of the
the various social services. The following data to the registry writes in the case of section
101A, paragraph. 2 Regional Office competent according to the place of the provision of social
services and in the case of section 104, the Ministry, and that up to 30. April of the relevant
of the financial year.
(7) the provider is obliged to inform social services registrujícímu
the authority on the basis of his application the generalized information on the number of persons to whom
provides social services, and the nature of their reduced self-sufficiency
and needs care, within 8 days from the date of receipt of the request,
If the registering authority specifies a longer period.
§ 86
(1) the Ministry of the electronic form is the administrator of the registry.
(2) the Ministry provides computer program at their own expense
(software), processing of the data required for the management of the registry, and provides
This program free of charge, including updates, regional authorities.
The regional offices are required to use in the management of the registry program, which
is the Ministry of equip.
§ 87
(1) the register is maintained in the information system according to public administration
^ special legal regulation 33).
(2) the register is a public list, in the section that contains the information referred to
in § 79 paragraph. 5 (a). and (d))) and section 85, paragraph. 5 and 6, and information about the
the result of the inspection, without placing the information about the date and place of birth
provider of social services, who is a natural person and, without
indicate the place of the device, in the case of the provision of social services in
asylum House or the provision of residential social services in
the intervention centre or facility for emergency aid, if this
the request in the application for registration; the following information exposes
the Ministry in an electronic form in a way that allows remote
access.
(3) on request from the public part of the register shall issue an official statement or
a copy of the.
Part 2
The obligations of the providers of social services
section 88
Social service providers are required to
and ensure the availability of information on) the nature, location, categories of persons to whom the
provide social services provided by the social services and capacity
about how the provision of social services, in a manner comprehensible
for all persons,
(b) to inform interested parties of the social) service of any obligations which would
for him, it resulted from the contract on the provision of social services,
how the provision of social services and the payment for these services, and
in a manner comprehensible to him,
(c)) in the provision of social services to create such conditions that
persons, which provide social services, to fulfill their
human and civil rights, and to prevent the conflicts of interest of these persons,
the interests of providers of social services,
(d)) to handle the internal rules to ensure social services provided,
including the establishment of rules for the application of the legitimate interests of persons, and in the
the form of comprehensible for all persons
(e)) to handle the internal rules for the submission and handling of complaints
which provide social services, on the level of service, in the form of
understandable for all people,
(f) provision of social progress) plan service by personal goals,
the needs and abilities of persons who provide social services lead
written records of the individual during the provision of social services and
evaluate the progress of the provision of social services with the participation of these persons,
If it is possible with regard to their health status and the kind of provided
social services, or in the presence of their legal representatives or
the guardians and written evaluation and its outputs to the written
individual records
g) keep a register of applicants for social service, with which he could not conclude
the contract for the provision of social services for the reasons listed in section 91, paragraph. 3
(a). (b)),
h) adhere to the standards of quality of social services,
I) conclude with a person contract for the provision of social services, if
does not prevent the reasons listed in section 91, paragraph. 3,
j) in the case of providing social service under section 48, preferably
to provide social services to the child, which was ordered by the Constitutional Court
education, educational measures or interim measures,
to) inform the municipal office municipality with extended
powers referred to in section 92 (a). and the provision of a residence)
social care services to a person who can no more help and support
find themselves in a situation of threatening her life and health, if this person with
such notification agrees.
§ 89
Measures restricting the movement of persons
(1) in the provision of social services cannot use the restrictive measures
movement of persons, which are social services provided, with the exception of cases
a direct threat to their health and life or the health and life of others
natural persons, and in the conditions laid down for only
strictly necessary, that it is sufficient to remove the direct threat to their
health and life, and the lives of other individuals.
(2) the measures restricting the movement of persons can be used only if the
unsuccessfully used other measures to prevent such acts of the person,
that threatens her health and life or health and the life of other physical
persons. Provider of social services is therefore obliged to according to the specific
the situation as soon as possible to take advantage of the word calming the situation and other
ways of calming the situation, such as diversion,
distraction, active listening. The person must be appropriately
informed that it may be applied to measures restricting her movement.
(3) the Social Services Provider is obliged in the case of the use of
measures restricting the movement of persons to choose always the mildest measure.
Hit can be by physical grip first, then placing the person into a
a room set up for the safe stay, where appropriate, on the basis of
Office přivolaného doctor and his presence may submit the medicinal
preparations.
(4) the Social Service Provider is obliged to provide social
services so that the methods of providing these services, preceded the situations
in which it is necessary to apply the measures restricting the movement of people.
(5) the provider of social services is obliged to use measures
restricting the movement of persons to notify without undue delay the legal
representative or guardian of the person, which are provided by the social
services, or, in the case of a minor, which was given on the basis of
the decision of the competent authority, to the care of another person, that person, or
a natural person, that person, that are provided by social services, with the
its prior consent.
(6) the Social Services Provider is obliged to keep a register of cases
the use of measures restricting the movement of persons in the range
and, where applicable, names) the name, surname and date of birth of the person,
(b)), the date, time and place of the beginning of the application of a measure restricting the movement of persons and
the nature of this measure,
(c) the reason for the use of restrictive measures) the movement of persons,
(d) the name or names), and the last name of the person who measures restricting
movement of persons, used
e) submission of a medicinal product as measures restricting the movement of persons,
(f)), the date and time of their use of measures restricting the movement of persons,
g) description of the immediately preceding the situation before using measures
restricting the movement of persons, a description of the course of the situation when using this
measures and its assessment and a description of the situation, immediately following
h) record of fulfilment of the obligation set out in paragraph 5,
I) description of any injury that occurred when using measures
restricting the movement of persons,
(j) a description of the method of informing persons) in accordance with paragraph 2,
and to allow the inspection of the records of a person, which has applied the measures
restricting the movement of people, of a natural person, that the person with her previous
the agreement specifies legal representatives of a person or opatrovníkovi or the person
her loved ones or a natural person, that the person was a minor entrusted to the
by decision of the competent authority to care, the providers of the equipment, doctors,
the members of the inspection team carrying out an inspection in the provision of social
services and the Ombudsman.
Part 3
The contract for the provision of social services
§ 90
A person may apply for the provision of social services of the provider
social services, or may request the municipality, in which he has a permanent or
reported residence, about mediation options providing social services
or contact the provider of the mediation with the social services.
§ 91
(1) for the provision of social services concluded a contract with the provider of the person
social services; This does not conclude the contract in the case of the provision of
social services to the child based on the Court's decision on the regulation of the constitutional
education, educational measures or provisional measures. The Treaty on the
the provision of social services provided under section 39 to 52, 57, 58, 64, 67
and 68 must be concluded in written form. The contract for the provision of social
the services provided under section 54, 56, 60, 60a, 65 and 70 must be enclosed in
written form, if at least one party in the negotiations on the
This form of conclusion of the contract.
(2) the contract shall contain the following particulars:
and the designation of the Contracting Parties),
(b)) the kind of social services,
(c) the extent of the provision of social services),
(d) the time and place of the provision), social services,
(e) the amount of remuneration for) social services within the agreed level of remuneration
provided for in sections 73 to 77 and the method of payment, including how
the Bill,
(f) compliance with internal arrangements) the rules laid down by the provider
for the provision of social services,
(g)) of the notice the reasons for, and a notice period,
(h) the period of validity of the contract).
(3) Social Service Provider may refuse to enter into a contract of
the provision of social services only, if
and social service) does not provide that a person calls, and even with respect
on the definition of the categories of persons in the register of providers of social services,
(b)) does not have sufficient capacity to provide social services, about which
the person asks,
(c) the State of health of the person) which calls for the provision of residential social
services, excludes the provision of such social services; These health
States shall lay down the implementing legislation, or
(d)), the person asking for the provision of social services, testified at the time
less than 6 months before the contract for the provision of the same
social services due to the violation of obligations arising from
of the Treaty.
(4) a person is required before concluding a contract for the provision of residential
submit to the service providers of social services, the opinion of the registering
provider of health services in the field of general practical medicine
on health status, except for the provision of social services in
medical devices under section 52.
(5) for the conclusion of contracts for the provision of social services and legal relations
arising out of this Agreement shall apply to the provisions of the civil code.
(6) a person who, according to medical opinion issued by the provider
health services is not able to act alone, and does not have a legal representative
or guardian, when concluding a contract with the local authority of the municipality
extended jurisdiction according to the place of permanent residence of the person or the reporting
or in the case of the provision of social services in residential facilities
social services in a healthcare facility or inpatient care under section
52, municipal office municipality with extended competence of this
the device.
(7) if the supplier refuses to conclude a social services with the person
the contract for the provision of social services for the reasons referred to in paragraph 3,
shall, on request, to the person a written notice stating the reason
the rejection of the contract.
Part 4
Scope in the provision of social services
section 92
Municipal Office municipality with extended competence
and ensures that the person) is not provided by social services, and is in
such a situation where the failure to provide immediate assistance would threaten her life
or health, the provision of social services or other forms of assistance, in
extent necessary; the local jurisdiction is determined by the place of permanent or
the reporting person,
(b)) shall coordinate the provision of social services and provides professional
social counselling to persons at risk of social exclusion due to
previous constitutional or protective custody or imprisonment, persons,
whose rights and interests are affected by the criminal activities of another person, and
persons whose way of life can lead to a conflict with the company;
doing so works with devices for institutional or protective
education, with the prison service of the Czech Republic, the probation and mediation
service of the Czech Republic, the administrative offices and local authorities
units,
(c)) on the basis of the notification of the provider of health services ^ 25) checks
whether it is necessary to provide to a person placed in a health care facility
social care services and provides the possibility of their provision; in
If the person cannot provide social care services, communicate
This fact immediately to the providers of health services, in which the
medical devices a person is placed,
(d)) on the territory of its administrative circuit coordinates the provision of social
services and implements activities social work leading to the solution of the adverse
the social situation and social integration of persons; while collaborating with the
the regional branch office of work and the regional authority.
§ 93
Regional Office
and), in cooperation with the other providers of social services
and the municipal authority municipality with extended competence, competent according to the place of
the reporting persons, the provision of social services in the case where
social service provider ended the provision of social services of
because of the cancellation of his registration, the expiration of its validity, or
Another reason, and the person to whom the provider has not yet provided
social services, are in imminent danger of their rights and
interests and are not able to ensure the continued provision of themselves
social services,
(b)) shall coordinate the provision of social services to persons whose rights and
interests are affected by the criminal activities of another person; while collaborating with the
municipal authorities of municipalities with extended powers,
(c)) on the territory of its administrative circuit coordinates the provision of social
services and implements and coordinates the activities of the social work leading to the
adverse social situation and solution to the social inclusion of people.
section 93a
(1) employees of the municipality of inclusion in the local authority of the municipality with extended
scope as the social workers and the staff of the region's inclusion in
the regional office as social workers are on the basis of the consent of the
the person who is in an unfavourable social situation or is threatened
social exclusion or located in this State, are entitled to the
connection with the implementation of the tasks referred to in section 92 (a). (b)), and (d)) and § 93 (a). (c))
to enter the dwelling in which the person lives, and that in order to carry out
social work activities. Permission for this activity are required to
identification issued by the competent authority; the particulars of the licence
lays down detailed legal prescription.
(2) the persons referred to in paragraph 1, in connection with the performance of
social work activities required to keep a Standardized record social
the worker, who is part of the Unified information system of work and
Social Affairs.
§ 94
Village
and if necessary) to determine the provision of social services to persons or groups
persons on its territory,
(b)) ensures the availability information on possibilities and ways of providing
social services in its territory,
c) cooperates with other municipalities, and with providers of social
When the mediation services to help parties, where appropriate, mediation
the contact between the provider and the person
(d)) can handle the medium-term plan for the development of social services in
cooperation with the region, a provider of social services in the territory of the municipality and for the
the participation of the persons to whom they are provided social services,
e) cooperates with the region in the preparation and implementation of the medium-term plan
the development of the social services of the region; for this purpose, says the County information
about the needs of providing social services to persons or groups of persons on the
the territory of the municipality, on the possibilities of meeting these needs through
social services and their available resources,
f) cooperates with the region when determining the network of social services in the territory of
the County; for this purpose, says the County information on the capacity of social
the services that are needed to ensure the needs of persons in the territory of the municipality and
helps create the conditions to ensure the needs of those persons.
section 95
Region
and if necessary) to determine the provision of social services to persons or groups
persons on its territory,
(b)) ensures the availability information on possibilities and ways of providing
social services in its territory,
(c)) works with municipalities, with the other and with providers of social
When the mediation services to help parties, where appropriate, mediation
the contact between the provider and the person
(d) the medium-term development plan) processes of social services in partnership
with the municipalities on the territory of the region, representatives of the providers of social services and
the representatives of the people, which are provided by social services, and shall inform the
municipalities on the territory of the region on the results identified in the planning process; When
the plan takes into account the region processing information of the municipality notified under section 94
(a). (e)) and to the information referred to in the registry under section 85, paragraph. 5,
(e) monitors and evaluates the implementation) plans for the development of social services for
the participation of the representatives of the municipalities, representatives of the providers of social services and
the representatives of the people, which are social services provided,
(f) inform the Ministry about the implementation) plans for the development of social services,
(g)) ensures the availability of provision of social services in their territory in
accordance with the medium-term plan for the development of social services,
(h)) specifies the network of social services in the territory of the region; in so doing, take account of the
the information sent to the municipalities under section 94 (a). (f)).
section 96
The Ministry of
and controls and monitors the performance) of the State administration in the area of social services,
including the activities of social work in the area of social services,
(b) national development strategy processes), social services, and
evaluates its implementation and, in cooperation with the County determines the parameters
the availability of social services.
section 96a
(1) the Ministry of social services may establish as State
contributory organization. The Ministry will issue a deed of incorporation of the
the device. The State allowance organization originates on the date laid down in the
the provisioning list. The Charter of incorporation must contain the following information:
and the founder of the State designation) contributory organization
(b) the name and registered office) the identification number of the person the State contributory
the Organization,
(c)) the definition of the purpose for which the State contributory organization is established,
d) subject the main activities, where appropriate, other activities
(e) the indication of the statutory body and) the definition of the basic organizational
the structure of the State contributory organization
(f) the definition of the property of the Czech Republic), which confers on the State Ministry
contributory organization during its establishment,
(g)) the definition of the period for which it is a State contributory organization established,
where applicable, that is established for an indefinite period.
(2) the Ministry may decide to split the State contributory
organisations established in accordance with paragraph 1, on its merger or acquisition
other State allowance organisation established in accordance with paragraph 1 or the
other changes such State contributory organization. At the same time issue
provisioning the instrument emerging State contributory organization or
the appendix to the provisioning of the Charter. The State contributory organization shall cease on the date of
laid down in the decision on the Division or amalgamation, or the date of
laid down in the decision on its merger, is the legal successor to the other
the State contributory organization.
(3) the Ministry may decide to revoke the State contributory
organisations established in accordance with paragraph 1. At the same time decide on how
settlement of rights and duties carried out by State-sponsored
organizations, including the jurisdiction to manage state assets, and cancels the
the provisioning list. Unless the rights and obligations are broken
the State contributory organisation of the Ministry. The State contribution
the Organization shall cease on the date laid down in the decision on the cancellation.
(4) the establishment, Division, merger, amalgamation or dissolution of the State
organizations, which have been decided in accordance with paragraphs 1 to 3,
announces the Ministry in the official journal of the Czech Republic within 30 days
the date on which the facts occurred. The notification shall contain the designation
the founder of the State contributory organization, its name, its registered office,
the identification number of the person and the day, month and year of creation, distribution,
merge, merging or dissolution.
PART THE FOURTH
INSPECTION OF THE PROVISION OF SOCIAL SERVICES
§ 97
(1) inspection of the provision of social services (hereinafter referred to as "the inspection")
for providers of social services, to which it was issued
the decision on registration, and for the providers of social services referred to
in section 84 the Ministry.
(2) the subject of inspection for providers of social services is
and) fulfilment of the obligations of providers of social services provided for in § 88
and 89,
(b)) the quality of social services provided.
(3) in the performance of the obligations of the providers of social services under section 88
(a). I) is also subject to inspection by an assessment of whether the contract for the provision of
social services contains the terms of the contract under section 91, paragraph. 2, and that
is the amount of the remuneration agreed upon in the context of the level of remuneration provided for in sections 73 to 77.
(4) the Social Service Providers are obliged to inform about serious
deficiencies identified during the inspection referred to in paragraph 3, a person who
has concluded the contract for the provision of social services, or legal representative
or guardian or representative under section 91, paragraph. 6 If the
contract for the provision of social services for a person who is not
able to act alone. For the serious deficiency is considered to be, in particular, the negotiation of a
the amount of the payment in contravention of section 73 to 77, and the omission of the notice and reasons
periods in the contract.
§ 98
(1) the inspection shall be carried out always in the place of the provision of social services.
(2) an inspection carried out in each case, the inspection team, which
consists of at least 3 members, with respect to the inspection of residential social
services, and at least 2 members in other cases. At least 1 member
the inspection team shall be an employee of the State for the performance of the sampled work in
the Ministry.
(3) in the interest of the professional assessment of the things can be to participate in the inspection
invited specialized professionals. An invited expert must not be podjatý
to the provider of social services, which is inspected.
Provider of social services, which is being inspected is
obliged to provide the přizvanému expert, to bear on the implementation of the
the inspection.
(4) the Social Service Provider is obliged to allow the members of the
the inspection team ask persons who provide social services,
on matters related to the provision of social services, which are
the subject of the inspection. The condition is that the person was a member of the
inspection team with the participation of providers of social services instructed about
the possibility to refuse the interview and gave consent to an interview.
(5) the Ministry is authorised to store the providers of social services
measures to eliminate the shortcomings identified during an inspection; the stored
the measure is part of the inspection findings. Provider of social
the service is obliged to comply with the measures imposed in the period laid down
Ministry and submit a written report on their implementation, if it's
the Ministry will require. After the submission of a written report on the implementation of the stored
You can perform a follow-up inspection measures, to which the provisions of the
paragraph 2 does not apply.
§ 99
(1) the quality of social services in the performance of the inspection verifies using the
standards of quality of social services. Quality standards of social
services are a set of criteria, which is defined
the level of the quality of the provision of social services in the area of human resources and
operational security and social services in the area of relations between
the provider and the persons.
(2) the implementation of quality standards are evaluated by the system of points.
(3) the contents of individual quality standards and assessment provides
the implementing legislation.
PART THE FIFTH
CONFIDENTIALITY
§ 100
(1) employees of municipalities and regions, State employees and employees of the
providers of social services are required to maintain the confidentiality of any
the data relating to persons, which are provided by social services
or post, in its activities, learn, unless
unless otherwise provided for. This obligation continues after termination of the relationship.
The obligation to maintain confidentiality may be the person referred to in the first sentence
relieved only by, in whose interest they have this obligation, in writing, with
indication of scope and purpose.
(2) the obligation of professional secrecy laid down in paragraph 1 shall apply mutatis mutandis for the
natural persons who are providers of social services, or as a
invited experts participating in the inspection, or in the provision of social
the services act as volunteers.
(3) the data relating to persons, which are provided by social services
or post that the entities referred to in paragraphs 1 and 2 at its
activities, learn, communicate to other entities, only if this
law or a special law ^ 35); otherwise they can communicate this information to other
operators only with the written consent of the person, which are provided
social services or post.
(4) the Generalized information and aggregated data, which the Ministry, municipalities and
the region will gain in their activities, they may be without mention of specific
the name of the data used by the employees of the Ministry, municipalities and regions in the
Scientific and pedagogical activities, publication, or by the Ministry of
analytical and conceptual work.
section 100a
Communication of information the authority for social and legal protection of children
(1) a provider of social services shall, at the written request to the
free of charge to the authority for social and legal protection of children data necessary for the
providing social and legal protection concerning the person, which was
by decision of the authority for social and legal protection of children obliged to
take advantage of expert advice in accordance with the law on socio-legal
the protection of children ^ 57). Social services provider is obliged to always
to tell whether a person has entered into a contract for the provision of social services,
the period of validity of the contract, the date of the termination of the provision of social services,
where appropriate, the reason for the notice, if the contract is terminated, and the appreciation of the
the course of the provision of social services.
(2) a provider of social services, which provides for families with children
or social service for children, referred to in section 37, paragraph. 3, § 48, 52, 54,
57, 58, 60, 60a, 62, 65 or section 69 shall, if this is not the case
referred to in paragraph 1 or does not provide the social service anonymously, on
a written request to the authority free of socio-legal protection of children
and to the person referred to in) whether the application to the authority for social and legal protection of children
provides or provided social services,
(b) the type and form provided) social services and for the provision and
(c) the assessment of the course of the provision of) social services.
Social services provider has the obligation under the first sentence only in those
cases where the authority for social and legal protection of children in the application at the same time
stating that the situation of the child and his family was evaluated by the Act
the socio-legal protection of children ^ 58) so that the child is covered
the socio-legal protection of children.
PART SIX
THE FINANCING OF SOCIAL SERVICES
§ 101
cancelled
Section 101a
(1) for the fulfilment of the obligations referred to in section 95 (b). g) and (h)), the edges of the
provided from the State budget earmarked subsidies for the financing of the specified
current expenditure related to the provision of basic types and forms of
social services in the range specified by the basic activities for
the various types of social services. The grant provides the Ministry of
under special legislation ^ 37).
(2) the County shall decide by special legislation and regulations ^ 37a)
The European Union on public support for the provision of the financial resources of the
grants to providers of social services, who are included in the registry
pursuant to section 85, paragraph. 1, or of the award of public contracts for the provision of
social services. For the provision of financial resources to individual
social services and their amount is decided by the Council in accordance
with the conditions laid down by the Government of the region.
(3) the County shall submit to the Ministry a request for the grant of a subsidy to the competent
the financial year. The request contains
and the name of the region) the identification number and the account number to which the subsidies
shall be paid,
(b) a description of the method of allocation and) pumping subsidies referred to in paragraph 2,
(c) the amount of the subsidy on) the financial year and the estimated
the requirement for the amount of the subsidy for the following 2 years, which
results from the medium-term plan for the development of social services.
Part of the application is the medium-term development plan of the social services of the region,
that includes the economic analysis in the plan identified needs and
the way their financial security.
(4) the amount of the grant County Department of provides the percentage of
the region's total annual volume of funds allocated in the
the State budget in support of social services for the financial
the year; the above percentage is set out in the annex to this
the law.
(5) the Ministry provides computer program at their own expense
(software) for the submission of applications for grants and provides free of charge this
the program, including its updates, regional authorities and providers
social services registered in the registry under section 85, paragraph. 1. The regional offices
and providers of social services are required to use the program for
submission of applications for subsidies, the Ministry will provide them. County
the authorities are required to use the program for the assessment of applications for grants
providers and the determination of the amount of financial aid. Considering the request of the
social services provider for a subsidy referred to in paragraphs 1 and 2 shall
only the request that is submitted to the County through this
the program.
(6) the County shall submit to the Ministry until 31 December 2006. may the financial
through a computer program referred to in paragraph 5 of the continuous
an overview of the contributions, and to the 31. March of the following financial
year end overview of contributions for the relevant financial year.
(7) the implementing legislation lays down more detailed conditions for drawing
the grant, the deadline for the payment of subsidies, the form and content of the request referred to in paragraph
3 and the deadline for its submission and the form and content of the list referred to in paragraph 6.
§ 102
To ensure the obligations specified in section (b), 93. and to ensure the activities)
social work, which are carried out in connection with the obligations
referred to in section 93 (a). (b)), and (c)), the regions provides post form
the special-purpose grants. The grant provides the Ministry under a special rule
code ^ 37).
section 103
To ensure the obligations referred to in article 92 (a). and to ensure the activities)
social work, which are carried out in connection with the obligations
referred to in section 92 (a). b) to (d)), the municipalities with extended competence
provides a form of special-purpose contribution subsidy. The grant provides
the Ministry under special legislation ^ 37). Subsidies from the State
the budget of the municipalities with extended competence is provided through
the regional budget; This activity is performed in the lands of the activities transferred
the scope of the.
section 104
(1) from the State budget may be a specific legal
^ regulation 38) provided special subsidies to finance current expenditure
related to the provision of social services providers
social services, who are enrolled in the registry.
(2) the grant referred to in paragraph 1 shall provide the Ministry.
(3) a grant may be awarded to
and to support social services) that have a national or supra-regional
the character,
(b)) on the activities to the development of the nature, in particular on education
workers in the social services, to promote the quality of social services
and the processing of medium-term plans of the counties and townships in the area plans
social services,
(c)) in the case of emergency situations; an extraordinary situation shall mean, in particular,
a natural disaster, fire, ecological or industrial accident.
(4) On the financing of the activities referred to in paragraph 3, in the area of provision of
social services also may participate in the programmes financed under the
The structural funds and other programmes of the European communities
Of the European communities.
(5) On the provision of subsidies is not a legal right ^ 36).
(6) the Ministry provides computer program at their own expense
(software) for the submission of applications for grants and provides free of charge this
the program, including its updates, regional authorities and providers
social services registered in the registry under section 85, paragraph. 1. Service providers
social services are required to use a computer program for the submission of
applications for subsidies, the Ministry will provide them. The Regional Office
through a computer program to support for the
social service.
§ 105
A municipality or County may provide special-purpose grants from its budget in accordance with
a special law ^ 39) to finance current expenditure related to the
the provision of social services to providers of social services, who
are entered in the registry.
section 105a
paid
PART SEVEN
ADMINISTRATIVE OFFENCES
Section 106
(1) an employee referred to in section 100, paragraph. 1 is guilty of a misdemeanor, by
breach of an obligation of confidentiality under section 100, paragraph. 1.
(2) Contributing expert referred to in section 100, paragraph. 2 commits an offence,
that the breach of an obligation of confidentiality under section 100, paragraph. 2.
(3) a person nearby, or assistant social care referred to in section 83, who
to provide assistance to the beneficiary, is guilty of a misdemeanor, by
reports of the death of the persons concerned within the time limit laid down in § 21a paragraph. 2.
(4) the Assistant social care commits an offence that does not close
a written contract to provide assistance with the person, which provides assistance,
According to § 83, paragraph. 3.
(5) for the offence referred to in paragraphs 1 and 2, you can impose a fine of up to 50 000 CZK
for the offence referred to in paragraphs 3 and 4 of the fine to $ 1,000.
§ 107
(1) a legal person or a natural person-entrepreneur commits an administrative
tort by providing social services without their permission
the provision under section 78, paragraph. 1.
(2) a legal person or a natural person-entrepreneur as a provider
social services committed misconduct by
and social services) does not provide the extent laid down in the decision
registration according to § 81 paragraph. 2,
(b)) does not (a) records under section 88. (f)),
(c)) does not register applicants for social services under section 88 (a). (g)),
(d)) with the person refuses to enter into a contract for the provision of social services in
contrary to section 91, paragraph. 3,
(e)) will use the measures restricting the movement of persons in violation of § 89 paragraph. 1 to 3,
(f) the absence of information on the use of) the measures restricting the movement of persons pursuant to section
paragraph 89. 5,
(g)) does not register or will not allow the inspection of the records referred to in section 89, paragraph.
6,
(h)) does not report the deaths of beneficiaries, which provide assistance, in accordance with § 21a
paragraph. 2,
(I) fails to comply with a time limit) to submit a request for the cancellation of registration under section 82, paragraph.
3 (b). (d)) or paragraph. 4,
j) fails to comply with the obligation of notification under article 88 (a). k),
to) has not sent within the time limit the information provided in the prescribed form
pursuant to section 85, paragraph. 5,
l) has notified changes in the time limit laid down under section 82, paragraph. 1,
m) fails to comply with the time limit set by the Ministry of measures to eliminate
the deficiencies found during an inspection or fails to file a written report on their
implementation under section 98, paragraph. 5,
n) fail to comply with the period laid down in the authorising authority measures for the
the Elimination of the deficiencies found during the inspection of the registration conditions
under section 82a, paragraph. 2,
about) provides for the provision of social services, higher remuneration than the maximum
the level of remuneration laid down in the implementing regulation,
p) shall conclude a contract, which does not contain the terms of the contract according to § 91
paragraph. 2,
q) do not communicate in the time limit set by the authorising authority, information according to § 85
paragraph. 7.
(3) the Entrepreneurial natural person as a provider of social services
committed misconduct by breach of an obligation of confidentiality under section
paragraph 100. 2.
(4) a medical device that provides social services pursuant to section 52,
children's home and a special bed medical facility hospice type
commits misconduct that does not report the deaths of beneficiaries,
which provide assistance, within the time limit laid down in § 21a paragraph. 2.
(5) for the administrative offence is imposed in the
and) 10 000 CZK in the case of an administrative offence referred to in paragraph 2 (a). (b)), (c)) and
(l)),
(b)) 20 000 CZK in the case of an administrative offence referred to in paragraph 2 (a). and (d))),
(f)), g), (h)), p), and paragraph 4,
c) 50 000 CZK in the case of an administrative offence referred to in paragraph 2 (a). I) to)
m), o) and (q)) and paragraph 3,
d) 250 000 CZK in the case of an administrative offence referred to in paragraph 2 (a). (e)),
e) 500 000 CZK in the case of an administrative offence referred to in paragraph 2 (a). n),
f) 1 0000 0000 CZK in the case of an administrative offence referred to in paragraph 1.
section 108
(1) a legal person under the administrative tort does not match, if he proves that
made every effort, that it was possible to require that the infringement of the
a legal obligation.
(2) in determining the amount of the fine, the legal person shall take into account the seriousness of the
the administrative tort, in particular to the way a criminal offence and its consequences, and
the circumstances under which it was committed.
(3) liability of legal persons for the administrative offence shall cease, if the
the competent authority about him has commenced proceedings within one year from the date when the
learned about it, but not later than three years from the day when it was committed.
(4) administrative offences under this law in the first instance be discussed
and the Regional Branch Office work), if the
1. the offense under section 106, paragraph. 1, which is committed by an employee of the State
included in the regional branches of the Office work,
2. an offence under section 106, paragraph. 3 and 4,
3. the administrative offence under section 107, paragraph. 2 (a). h) and section 107, paragraph. 4,
(b)), the local authority municipalities with extended competence, if it is a misdemeanor under section
paragraph 106. 1, which is committed by an employee of the municipality,
(c) the regional office), if the
1. the offense under section 106, paragraph. 1, which is committed by an employee of the County
or an employee of a provider of social services, to which the Regional Office
issued a decision on registration,
2. the administrative offence under section 107, paragraph. 1,
3. the administrative offence under section 107, paragraph. 2 (a). and), i), k), (l)), n) and (q)) and section
paragraph 107. 3, which commits the provider of social services, which
the regional authority has issued a decision on registration,
d) Ministry, if the
1. the offense under section 106, paragraph. 1, which is committed by an employee of the State
included in the Ministry, or an employee of a provider of social
the service, which the Ministry issued a decision on registration, and
the offense under section 106, paragraph. 2,
2. the administrative offence under section 107, paragraph. 2 (a). and), i), k), (l)), n) and (q)),
which commits the provider of social services, which the Ministry of
published by the decision on registration,
3. the administrative offence under section 107, paragraph. 2 (a). (b)) to (g)), j), m), o) and (p)).
(5) The liability for the acts, which took place in the business of physical
^ 32 persons) or in direct connection with him, subject to the provisions of
liability or prosecution of a legal person.
(6) income from fines imposed by the regional branch of the Office work and
the Ministry is the income of the State budget, income from the fines imposed
the Municipal Office of the municipality with extended competence and municipality is the income budget
income from the fines imposed on the Regional Office's budget income of the region.
PART EIGHT
THE PRECONDITIONS FOR THE EXERCISE OF THE PROFESSION OF SOCIAL WORKER
TITLE I OF THE
Social worker
section 109
Social worker carries out social investigations, secures social
agenda, including the solution of socio-legal problems in establishments
providing services for social care, social and legal advice,
analytical, methodological and conceptual activities in the social field, the professional
activities in establishments providing social services, prevention,
depistážní activities, the provision of emergency social assistance, advice and
social rehabilitation, figuring out the needs of the population of the municipality and the region, and
coordinates the provision of social services.
section 110
(1) a precondition for the exercise of the profession of social worker is full
responsibility, integrity, competence and qualifications of health
in accordance with this Act.
(2) the integrity of the assessing and certifying under section 79, paragraph. 2 (a). 3
the first sentence of up to a third.
(3) medical fitness checks and medical opinion about health
eligibility issues registering the provider of health services in the
General practical medicine or in the scope of a general practitioner for
children and adolescents and for the employees of the provider of pracovnělékařských services.
(4) the competence to practise the profession of social worker is
higher professional education) is obtained by completing a training program
accredited by special legal regulation ^ 40) in the fields of
education focused on social work and social pedagogy, social
education, social and humanitarian work, social work, social
legal activities, charity and social activities,
(b)) higher education gained in the Bachelor, master
or doctoral study programme for social work,
social policy, social education, social care, social
Pathology, law or special education, accredited by the
special legal regulation ^ 41),
(c) graduation from accredited training courses) in the areas referred
in (a)) and (b)) in the total range of at least 200 hours and practice in
the profession of social worker for at least 5 years,
conditions culminating in higher education in the field of study that
is not listed in subparagraph (b)),
(d) the passing of accredited training courses) in the areas referred
in (a)) and (b)) in the total range of at least 200 hours and practice in
the profession of social worker for at least 10 years,
the conditions of secondary education with a GCSE in the field of social
legal, culminating no later than 31 December 2006. December 1998.
(5) the competence to practise the profession of social worker in the
the provision of social services in health centres inpatient care
under section 52 has also a social worker and social worker,
who won the competence to exercise the medical profession according to the
special legal regulation ^ 42).
(6) the recognition of professional qualifications, or other fitness State
nationals of the Member States of the European Union shall in accordance with the Special
the law ^ 31).
TITLE II
Further education social worker
section 111
(1) the employer is obliged to ensure social workers more
education in the range of at least 24 hours for the calendar year, which
restores, strengthens and complements qualifications. If the employment relationship
a social worker for the same employer lasts the entire calendar
year, makes a range of further education one-twelfth of the amount of the range
referred to in the first sentence, for each calendar month, the duration of the work
the ratio. In the case of absence from work in the scope of more than one
calendar month with a range of continuing education shall be reduced by one-twelfth
the total amount of the range. The obligation to secure further education
does not apply to the employee during the trial period.
(2) the forms of adult education are
and training provided by) universities and higher
the professional schools building on acquired the competence to exercise
the profession of social worker,
(b)), participation in courses with an accredited program,
(c)), internships,
(d) the participation in training actions),
(e) participation in conferences).
(3) the training referred to in paragraph 2 (a). (b)) will take place on
the basis of the accreditation granted by the Ministry of education programmes on the
universities, higher vocational schools and in educational
facilities for legal and natural persons (hereinafter referred to as "educational
the device ").
(4) the training referred to in paragraph 2 (a). (c)) means the power
professional activities on the basis of a written contract between the employer and the
achieving professional internship.
(5) the training referred to in paragraph 2 (a). (d)) means the educational
action in the maximum extent 8 hours per year organised by the employer
or professional organizations, whose employer is a member.
(6) the training referred to in paragraph 2 (a). (e)) means the action
the vocational nature of the maximum range of 8 hours per year, the program
relates to the field of activity of a social worker.
(7) the participation in further education in accordance with paragraph 2 shall be deemed to
deepening of qualification under special legislation ^ 43).
(8) evidence of completion of continuing education pursuant to paragraph 2 (a). and)
and (b)) is a certificate issued by a training device that further education
organized. Proof of completion of continuing education pursuant to paragraph 2
(a). (c)), and (d)) is a certificate issued by the device in which it was provided
professional internship, or by the employer as the organizer of professional internships
or training events. Proof of completion of continuing education pursuant to
paragraph 2 (a). (e)) is a certificate issued by the organizer of the Conference.
TITLE III
cancelled
section 112
cancelled
§ 113
cancelled
section 114
cancelled
PART NINE
THE PRECONDITIONS FOR THE EXERCISE OF THE ACTIVITY IN SOCIAL SERVICES
section 115
The circuit staff
(1) in the professional activity exercised by the social services
and social workers) under the conditions set out in sections 109 and 110,
(b)) workers in social services,
(c)), health professionals,
d) teaching staff,
(e)) and matrimonial family counsellors and other professionals who directly
provide social services.
(2) in the provision of social services is also volunteers for the
the conditions laid down by a special legal regulation ^ 44a).
section 116
Workers in social services
(1) a worker in social services is the one who carries out
and direct care) a person in outpatient or residential
social service establishments, consisting in the practice of simple daily
activities, assistance in personal hygiene and dress, the handling of the device,
equipment, laundry, maintaining cleanliness and personal hygiene, support
self-sufficiency, enhancing the mobilisation, the creation of basic
social and social contact and meeting the psychosocial
needs,
(b)) the basic educational nepedagogickou activity consisting in deepening
and the strengthening of basic health and social habits, exposure to
to create and develop working habits, manual skill and
work activities, the implementation of leisure activities aimed at
the development of personality, interests, knowledge and creative ability in the form of
art, music and physical education, leisure and cultural assurance
activities,
(c) nursing home activity) of a person in the exercise of
the work associated with direct contact with persons with physical and mental health
difficult, complex care of their household, the provision of social
implementation of the social assistance depistáží under the guidance of the social
the worker, providing assistance for the creation of the social and societal
contacts and psychological activation, organization and comprehensive assurance
coordinating nursing activities and implementation of personal assistance,
(d)) under the supervision of a social worker in basic social activities
advice, depistážní, educational activities, educational and activating
When the mediation activities, contact the social
environment activities in providing assistance in the implementation of the rights and
legitimate interests and his personal affairs.
(2) the condition of the worker's activity in social services is full
responsibility, integrity, competence and qualifications of health
in accordance with this Act.
(3) the integrity of the assessing and certifying under section 79, paragraph. 2 (a). 3
the first sentence of up to a third.
(4) medical fitness checks and medical opinion about health
eligibility issues registering the provider of health services in the
General practical medicine, and for the employees of the provider
pracovnělékařských services.
(5) a worker's expertise in social services
and) referred to in paragraph 1 (b). and,) is a basic education or middle
education and graduating from an accredited qualification course; passing
an accredited qualification course is not required for natural persons
acquired under special legislation ^ 45) capacity to
the exercise of the medical profession in the field of nurse, for natural persons,
acquired competence to practise the profession of social
pursuant to section 110 of the worker, and, for individuals that have earned the Central
education in the field of education as laid down in the implementing regulation,
(b)) referred to in paragraph 1 (b). (b)) is a secondary education with re-training
or secondary education with graduation examination and graduation from an accredited
qualification course; graduating from an accredited qualification course
is not required for natural persons that obtained under a specific legal
^ Code 46) competence to exercise the medical profession occupational therapist,
for individuals who have acquired the competence to practise the profession
a social worker under section 110, and for individuals that have earned the
secondary education in the field of education provided for implementing the legal
Regulation,
c) referred to in paragraph 1 (b). (c)) is a basic education, secondary
education, middle education with re-training, secondary education with
GCSE or higher professional education and graduating from an accredited
qualification course; graduating from an accredited qualification course
is not required for natural persons that obtained under a specific legal
code ^ 45) competence to exercise the medical profession in the field of
nurse, for individuals who have acquired the competence to
the profession of social worker under section 110, and for natural persons,
that have received secondary education in the field of education as laid down in the implementing
the law,
d) referred to in paragraph 1 (b). (d)) is a basic education, secondary
education, middle education with re-training, secondary education with
GCSE or higher vocational education and
an accredited qualification course; graduation from an accredited
qualifying course is not required for individuals that have earned the
competence to practise the profession of social worker pursuant to section
110.
(6) the content of the course qualification referred to in paragraph 5 and the minimum range of
lays down detailed legal prescription.
(7) the condition of passing the qualifying rate referred to in paragraph 5 should be
meet within 18 months from the date of the onset of the employee to work. By the time of
This condition shall be exercised by the employee activity worker
social services under the supervision of a technically qualified worker in the
social services.
(8) the recognition of professional qualifications, or other fitness State
nationals of the Member States of the European Union shall in accordance with the Special
the law ^ 31).
(9) the employer is obliged to ensure the personnel in the social
training services in the range of at least 24 hours for the calendar year,
which restores, strengthens and complements qualifications. Participation at the next
education is considered to be the deepening of qualification under the Special
^ Law 43). Other forms of training is carried out
referred to in § 111 paragraph. 2. the provisions of § 111 paragraph. 1 second to fourth sentences
(a). 3 to 6 and 8 shall apply mutatis mutandis, with the program of action of vocational
the character according to § 111 paragraph. 6 concerns the scope of the activity of the worker in the
social services. The obligation to participate in further education according to the sentence
the first is not required for the calendar year in which the worker in the social
services, graduated from an accredited qualification course.
section 116a
(1) the competence of the conjugal and family counselor is
higher education acquired a proper termination of the study, single-subject
Psychology master's program or a high school humanities
the focus at the same time with postgraduate training in methods
marriage counseling and psychotherapy in the range of at least 400 hours
or similar long-term psychotherapeutic training accredited
in the health sector.
(2) professional qualifications, further vocational worker referred to in §
paragraph 115. 1 (a). (e)) is a college education.
section 117
The conditions for the exercise of the activities of the health workers and educational
workers lays down specific legal provisions ^ 47)
PART TEN
ACCREDITATION OF EDUCATIONAL ESTABLISHMENTS AND THE ACCREDITATION OF EDUCATIONAL PROGRAMS
section 117a
(1) the Ministry shall decide on the accreditation of educational programs (hereinafter referred to as
"accreditation") for the purpose of providing educational courses pursuant to § 110, paragraph.
4 (b). (c)), and (d)) and qualifying courses under section 116, paragraph. 5, the next
the training of social workers and social service workers
the training of managers of employees referred to in section 115, paragraph. 1 and
for the purposes of technical support of individuals that provide assistance
the recipient of the contribution.
(2) a written application for accreditation shall be submitted to the Ministry on the form
prescribed by the Ministry.
(3) the request for accreditation of the training programme, in addition to the requirements of the
submission of ^ 47a), contains
and) permission to educational activities, according to a special legal
code ^ 47b), and an overview of the current activities of the applicant for accreditation,
(b)), the name, kind, form, content, and time range of the training programme,
that the applicant intends to carry out,
(c)) evidence of the material and technical security training
the programme,
(d)), the list of natural persons who will participate in the training, and
evidence of their professional competence, or the certificate of recognition of professional
qualifications,
e) form of the certificate of completion of the training programme, indicating the
the identification data of the educational establishment, the data referred to in point (a)
(b)), identifying information about the person that an educational program
She graduated from, and the date of issue of the certificate.
(4) the application referred to in paragraph 3 shall be accompanied by proof of payment of
the administrative fee for the acceptance of the application ^ 47c).
section 117b
(1) the Ministry shall be established as an advisory body to the Accreditation Commission
examination of the application for accreditation and to the assessment of the proposal for the withdrawal of
accreditation.
(2) the Members of the Accreditation Commission is appointed and dismissed by the Minister of labour and
Social Affairs.
(3) the composition of the Accreditation Commission, the way of the negotiations, the internal organisation and
the reasons for the revocation of a member's Statute and rules of procedure, that
issued by the Ministry.
(4) the participation of a member of the Accreditation Commission is another act in the General
^ 47d interest), which belongs to the members of this Commission a replacement bike expenses
reimbursement of expenses for accommodation and food expenses for the additional refund in
the amount and under the conditions laid down by a special legal regulation ^ 47e);
the provider of these refunds is Ministry. Members of the Accreditation Commission
may be granted by the Ministry.
§ 117 c
(1) On the basis of the assessment of the facts referred to in the application for accreditation
processes Accreditation Commission opinion on the applications for accreditation, which in
period of 60 days from the last day of the calendar quarter in which the
This application is filed, shall submit to the Ministry.
(2) the Ministry shall decide on accreditation within 30 days after receipt of the
opinion of the Commission.
(3) Ministry shall take into account when determining the opinion of the accreditation
of the Commission.
(4) Accreditation is granted for a period of 4 years.
(5) the accreditation is non-transferable and is transferred to a legal successor.
§ 117d
(1) the Ministry controls the activities of educational establishments in the
the implementation of accredited educational programs.
(2) the Ministry shall decide on the withdrawal of accreditation, if an accredited
educational program does not meet the conditions under which accreditation was
granted.
(3) in accordance with § 117 c of paragraph 1. 1 to 3, and in the case of deciding on the
withdrawal of accreditation.
§ 117e
(1) the educational establishment keeps records of certificates issued under the
realization of an accredited educational program.
(2) the Ministry published in electronic form in a way that allows
the remote access list of accredited educational programs, while, on the
which has been granted accreditation, and a list of training establishments
the accreditation of the training programme was withdrawn.
PART ELEVEN
COMMON, TRANSITIONAL AND FINAL PROVISIONS
TITLE I OF THE
Common provisions
§ 118
cancelled
section 119
The enabling provisions
(1) the Government shall issue the regulations for the implementation of § 101 paragraph. 7.
(2) the Ministry shall issue a decree for the implementation of § 9 (2). 6, § 35 paragraph. 2, §
paragraph 73. 3, section 74, paragraph. 3, section 75, paragraph. 1, section 76, paragraph. 1, section 85, paragraph. 4, §
91 paragraph. 3 (b). (c)), section 93a paragraph. 1, § 99 paragraph. 3 and § 116, paragraph. 5 and 6.
TITLE II
Transitional provisions
§ 120
(1) the procedure for the provision of social care services and res
the unfinished before the date of entry into force of this law shall be completed in accordance with
the existing legislation.
(2) persons who on the date of entry into force of this law were
the increase in income for impotence, according to existing legislation,
from the date of entry into force of this Act, be deemed to be dependent on the
help other natural persons
and in stage I) (light addiction), if the person part of a helpless,
(b)) in the stage II (moderate dependency), if the persons primarily
helpless,
(c)) in stage III (heavy dependency), if the person completely helpless.
(3) a child who, on the date of entry into force of this law, according to
the existing legislation considered child long hard
disabled people requiring special care, from the date of acquisition
the effectiveness of this Act be deemed to be dependent on the assistance of other
natural person in stage III (heavy dependency).
(4) the date of entry into force of this Act belong to the persons referred to in
paragraphs 2 and 3 of the contribution of under section 11 of the corresponding specified
the degree of dependency referred to in paragraphs 2 and 3, if it is not on the basis of control
health assessment provided a different degree of addiction and released
the decision on the amount of the allowance provided for under this degree of dependence,
or, if not specified otherwise. The persons referred to in paragraph 2
(a). and), which are older than 80 years old and takes care of a natural person, which
for this reason, on the date of entry into force which belonged to this Act in accordance with
the existing legislation of the post when you close or other care
the person belongs to the contribution in the amount according to the degree of dependence II (medium
heavy dependency). The persons referred to in paragraph 2 (a). (b)), which takes care
a natural person which, because of this, the day belonged to the entry into force of
This Act close care allowance or other person referred to in
the existing legislation is for a period of 2 years from the date of acquisition
the effectiveness of this law in the amount of allowance according to the degree of dependency (III)
(heavy dependency); After this period, the contribution of these persons, belongs to the
According to the degree of dependency as provided for on the basis of control
health assessment.
(5) legal and natural persons, which, before the date of entry into force of this
the Act to provide social care services or social services under the
the existing law and they intend to continue this activity and after
date of entry into force of this Act, are required to submit an application for
registration within a period of 6 months from the date of entry into force of this law and in the
This time limit are also obliged to conclude the insurance contract under section 80.
From the date of entry into force of this Act, to issue a decision on the
the registration of those legal and natural persons considered as provider
social services under this Act.
(6) the decision on the adoption of the social welfare facilities and payment for her
According to the existing law will remain in force even after the date of
the entry into force of this law, however, after a period of 3 years, if
person and provider of social services agree otherwise or
agree on a different scale to provide social services. Instead of the
remuneration for assistance because of the impotence of existing
the legislation is the person that has been granted a contribution required to pay
from the date of entry into force of this Act, the remuneration for the care of according to §
paragraph 73. 4.
(7) the decision on the provision of social care in the medical device and the
payment for her according to the existing legislation shall remain in
even after the date of entry into force of this Act, the maximum period of
3 years, if the person and the health care facility agree otherwise. Person,
that is provided by the social services referred to in the first sentence and that he was granted
the post is required to in addition to the payment in accordance with the existing legislation
pay from the date of entry into force of this Act, the medical equipment
also for the care of payment under section 73, paragraph. 4.
(8) on the location of the waiting lists waiting for social care by
the existing law will remain in force after the date of entry into
the effectiveness of this law, however, for a period of 3 years. The founders of the institutes
social services, who conducted these waiting lists, shall transmit such waiting lists
within 2 months from the date of entry into force of this Act, each of the
providers of social services and inform about this fact in
the same time limit the persons entered in the waiting list.
(9) of the Constitution of social care under the existing legislation, the
consider the devices the social services referred to in § 34 paragraph. 1 (a). (c))
to (f)).
(10) the Volunteer staff to provide nursing services nursing
service according to the existing legislation after the date of entry into force
of this law.
(11) an employee who, on the date of entry into force of this law to exercise
the activity, which are covered by qualifying the presumption referred to in § 110
paragraph. 4, and this assumption does not meet, is obliged to meet this
qualifying the assumption within the time limit
and 7 years from the date of) the entry into force of this law, if you cannot get high
education with a GCSE in the field of socio-legal,
(b)) 10 years after the date of entry into force of this Act, if he won the Middle
education with a GCSE in the field of social law.
(12) the provisions of paragraph 11 shall not apply if, at the date of entry into force
This law an employee referred to in paragraph 11 (a). and (b))) and reached the
the age of 50 years; such persons shall be regarded as qualifying the presumption referred to
in the section, paragraph 110. 4 have been fulfilled.
(13) an employee who, on the date of entry into force of this Act, exercise
the activity, which is subject to completion of an accredited
qualifying course under section 116, paragraph. 5, is required to take this
the course no later than 2 years from the date of entry into force of this Act.
(14) for the purposes of the first increase in the amounts of the allowance under this Act is
the first month vesting period October 2006.
TITLE III
Final provisions
§ 121
Cancellation provisions
Shall be repealed:
1. Decree No. 82/1993 Coll. on the payment for the stay in the establishments of the social
care.
2. Decree No. 138/1994 Coll., amending and supplementing the Ordinance
The Ministry of labour and Social Affairs No. 82/1993 Coll. on the payment for the
stay in social care facilities.
3. Decree No 146/1995 Coll., amending Decree of the Ministry of labour
and Social Affairs No. 82/1993 Coll. on the payment for the stay in establishments
social care, as amended by Decree No. 138/1994 Coll.
4. Decree No. 66/1996 Coll., amending and supplementing the Ordinance
The Ministry of labour and Social Affairs No. 82/1993 Coll. on the payment for the
stay in the social welfare establishments, as amended.
5. Decree No. 262/1996 Coll., amending and supplementing the Ordinance
The Ministry of labour and Social Affairs No. 82/1993 Coll. on the payment for the
stay in the social welfare establishments, as amended.
6. Decree No. 205/1997 Coll., amending and supplementing the Ordinance
The Ministry of labour and Social Affairs No. 82/1993 Coll. on the payment for the
stay in the social welfare establishments, as amended.
7. Decree No. 145/1998 Coll., amending Decree of the Ministry of labour
and Social Affairs No. 82/1993 Coll. on the payment for the stay in establishments
social care, as amended.
8. Decree No 172/1999 Coll., amending Decree No. 82/1993 Coll., on the
payment for the stay in the social welfare establishments, as amended
regulations.
9. Decree No. 73/2001 Coll., amending Decree of the Ministry of labour
and Social Affairs No. 82/1993 Coll. on the payment for the stay in establishments
social care, as amended.
10. Decree No. 425/2001 Coll., amending the Decree of the Ministry of
labour and Social Affairs No. 82/1993 Coll. on the payment for the stay in
social care establishments, as amended.
11. Decree No 551/2002 Coll., amending Decree No. 82/1993 Coll., on the
payment for the stay in the social welfare establishments, as amended
regulations.
12. Decree No 5/2004 Coll., amending Decree No. 82/1993 Coll., on the
payment for the stay in the social welfare establishments, as amended
regulations.
13. Decree No 34/2005 Coll., amending Decree No. 82/1993 Coll., on the
payment for the stay in the social welfare establishments, as amended
regulations.
14. Decree No. 83/1993 Coll., on eating in social care facilities.
15. Decree No. 139/1994 Coll., amending and supplementing the Ordinance
The Ministry of labour and Social Affairs No. 83/1993 Coll., on eating in
social care facilities.
16. Decree No. 147/1995 Coll., amending and supplementing the Ordinance
The Ministry of labour and Social Affairs No. 83/1993 Coll., on eating in
social care establishments, as amended by Decree No. 139/1994 Coll.
17. Decree No 263/1996 Coll., amending and supplementing the Ordinance
The Ministry of labour and Social Affairs No. 83/1993 Coll., on eating in
social care establishments, as amended.
18. Decree No. 148/1998 Coll., amending the Decree of the Ministry of
labour and Social Affairs No. 83/1993 Coll., on the eating establishments
social care, as amended.
19. Decree No. 6/2004 Coll., amending Decree No. 83/1993 Coll., on the
eating in social welfare establishments, as amended.
20. Decree No. 310/1993 Coll. on the payment for the provision of social care in the
medical facilities.
21. Decree No. 7/2006 Coll., amending Decree of the Ministry of labour
and Social Affairs No. 82/1993 Coll. on the payment for the stay in establishments
social care, as amended.
§ 122
The effectiveness of the
This law shall enter into force on 1 January 2005. January 1, 2007.
Zaorálek in r.
Klaus r.
Paroubek in r.
Annex
The amount of the percentage of the region's total annual volume of financial
the funds earmarked in the State budget to support social services
for the financial year
-------------------------------------------------------
Kraj V %
-------------------------------------------------------
Prague 8.08
South Bohemian 6.67
South Moravian 9.21
Carlsbad 3.40
Hradec Králové 5.46
Liberec 4.14
Moravian-Silesian 11.99
Olomouc 7.81
Pardubice 5.37
Pilsen 4.86
The Czech Republic 10.93
Ústí nad Labem 9.71
Highlands 5.30
Zlín 7.07
-------------------------------------------------------
Selected provisions of the novel
Article. (II) Act No. 206/2009 Sb.
Transitional provisions
1. Legal proceedings instituted and been the unfinished before the date of effectiveness of this
the Act is completed according to the existing legislation.
2. the persons referred to in the Declaration made in accordance with § 21. 2 (a). (c))
Act No. 108/2006 Coll., on social services, in the version effective until the date of
the effectiveness of this law, does not to this day help a person nearby
or other natural or legal person referred to in section 7 (2). 2 of law No.
108/2006 Coll., on social services, in the version effective as from the date of effectiveness
This law, belongs to the post last month to care for the
prior to the effective date of this Act. About the withdrawal of care
from the effective date of this Act, the competent municipal office municipality with
extended powers of decision.
3. the Ministry of labour and Social Affairs to 31. March 2011 will launch by
Act No. 137/2006 Coll., on public procurement, the procurement procedure for the
the purpose of the supply of services in order to ensure payment of the contribution by
vouchers or electronic means of payment specified for payment for
social services. By the time of the initiation of the implementation of the supply of services on the basis of the
the contract with the selected entity will refrain, pursuant to section 18a, paragraph.
1 (a). (b)) Law No. 108/2006 Coll., on social services, as amended by
effective from 1. January 2011, and part of the contribution in the degree I (light
addiction) in the amount of $ 1,000 shall be paid in the form of direct payments for the social
services provided by that person in the calendar month for which the allowance
It belongs, a provider of social services, which is written in the registry
providers of social services under section 85, paragraph. 1 of Act No. 108/2006
Coll., on social services. This way of payment provides municipal office
municipalities with extended competence through the information system of the
contribution referred to in section 30 of Act No. 108/2006 Coll., on social services.
The basis for this procedure is a confirmation drawn up on a form
prescribed by the Ministry of labour and Social Affairs. This confirmation
certifies the amount of remuneration, social services provider for vyúčtovanou
social services provided to the person in the calendar month; the recipient
the contribution, where appropriate, the specific beneficiary, passes this
confirmation of the providers of social services. On the basis of the certificate shall send
provider of social services of the request for reimbursement by the social
services, in a calendar month to the competent municipal office municipality with
extended jurisdiction in electronic form, in a way that allows
remote access through the information system of the contribution referred to in
section 30 of Act No. 108/2006 Coll., on social services. Municipal Office municipality with
extended jurisdiction shall make payment of the remuneration of the non-cash transfer
account of the competent social service provider.
4. Persons over 18 years of age, which in the month of December 2010 are entitled to
care allowance in stage I (light addiction), delivers the
Municipal Office municipality with extended powers to 31. December 2010 written
notification of change of the method of payment of this contribution from 1. January 2011.
5. The provider of social services fulfil the reporting obligation referred to in the
section 85, paragraph. 5 of Act No. 108/2006 Coll., on social services, as amended by
effective from the effective date of this Act, for the first time for the year 2009, the
May 31, 2010.
6. Competence to practise the profession of social worker for
an employee who, on the date of effectiveness of this law pursued an activity
a social worker, is graduating from accredited training courses
in the areas referred to in section paragraph 110. 4 (b). and a and b) of the Act) No 108/2006
Coll., on social services, in the version effective as from the date of application of this
the law, to the extent of at least 200 hours, provided that the acquired prior to the date
the effectiveness of this law at least 10 years of experience in the performance of activities
social worker and graduated from before that date a retraining course
focused on the activities of the social worker accredited by the Ministry of
education, youth and sports; This employee is obliged to
complete accredited training courses within a specified range to 31.
December 2013.
7. Completion of an accredited qualification course for workers in the
social services under section 116, paragraph. 5 of Act No. 108/2006 Coll., on
social services, as effective from the effective date of this Act,
is not required for employees born before 1 July 2004. January 1957, if
prior to the effective date of this Act, has gained at least 2 years experience in
the performance of the activities of the worker in the social services.
8. The competence of the marriage and family counselor pursuant to section 116a
paragraph. 1 of Act No. 108/2006 Coll., on social services, in the texts of the effective
from the effective date of this Act, shall be deemed to be fulfilled for the employee
born before 1. in January 1957, if on the date of effectiveness of this law
pursued an activity which by qualifying the presumption referred to
in the section, paragraph 110. 4 (b). e) of Act No. 108/2006 Coll., on social services,
in the version effective before the effective date of this Act.
Article. XII of Act No. 347/2010 Sb.
Transitional provisions
cancelled
Article. IV of law no 366/2011 Sb.
Transitional provisions
1. the procedure for contribution to care initiated and been the unfinished before
date of entry into force of this law shall be completed in accordance with the laws of the active
to the date of entry into force of this Act. In the management of care
initiated and been neskončeném before the date of entry into force of this
the law shall be the assessment of the degree of dependence for the period until 31 December 2006. December
2011 pursuant to Act No. 108/2006 Coll., as amended, effective the day of acquisition
the effectiveness of this law, and for the period from the date of entry into force of this
Act according to the law No. 108/2006 Coll., as amended, effective from the date of acquisition
the effectiveness of this Act.
2. a care allowance belonging to the effective date of this Act, persons
under 18 years of age pursuant to section 11 (1). 1 (a). (b)) of Act No. 108/2006
Coll., as amended, effective the date of the entry into force of this law, shall be
the last time for the month of December 2011. The competent regional Branch Office work
delivered not later than the date of payment of the contribution to the care for the month of January 2012
These persons a written notification of the change of the amount of the contribution referred to in section 11
paragraph. 1 (a). (b)) Law No. 108/2006 Coll., as amended, effective from the date of
the entry into force of this law.
3. Children over 1 year of age, which according to § 30 paragraph. 1 (a). e) of Act No.
117/1995 Coll., as amended, effective the date of the entry into force of this Act,
based on the date of entry into force of this Act, be entitled to parental
the contribution due to a disability, and which nenáležel to this
day care allowance, with effect from the date of entry into force of this Act
consider the person dependent on the help of other natural persons
and in stage I) (light addiction), in the case of disabled children
people with disabilities,
(b)) in the stage II (moderate dependency), in the case of children
seriously disabled.
The following persons belong to the date of entry into force of this Act, a contribution to the
care of by section 11 of Act No. 108/2006 Coll., as amended effective from
date of entry into force of this Act, if you have not chosen the parental
contribution no later than March 31. January 2012, and after time, than it is on the basis of the
the new health assessment decision on the contribution of the
care, until 31 December 2006. December 2012.
4. the competent authority which issued the decision on registration under section 78
paragraph. 2 Act No. 108/2006 Coll., as amended, effective the day of acquisition
the effectiveness of this law shall, not later than 31 December. written January 2012
communication, social service providers, who are included in the registry
providers of social services under section 85, paragraph. 1 of Act No. 108/2006
Coll., as amended, effective the date of the entry into force of this law, in
the period within 1 month from receipt of the request on a form prescribed
The Ministry of labour and Social Affairs, made a number of a payment account, on the
that will be paid remuneration for necessary assistance from care
According to section 18 of Act No. 108/2006 Coll., as amended, effective from the date of acquisition
the effectiveness of this Act.
5. Providers of assistance to persons dependent on the assistance of other persons in the
medical establishments of institutional care under section 52, the Special
in-patient health care facilities, and type in children's Hospice
homes, who provide assistance pursuant to Act No. 108/2006 Coll., as amended by
effective until the date of entry into force of this Act, and the assistance they provide and
After the date of entry into force of this Act, are required to submit an application for
writing to the registry of providers pursuant to section 85, within a period not later than 31 December 2006.
March 2012.
Article. IL Act No 420/2011 Sb.
The transitional provisions of the
The procedure for applications for the issue of a decision on the registration of providers of
social services initiated and been the unfinished prior to the date
the effectiveness of this law shall be completed in accordance with existing legislation.
Article. (II) Act No. 384/2012 Sb.
Transitional provisions
1. the Social Services Department of social services for the visually impaired
in Brno-Chrlicích, Department of social welfare for the physically handicapped students
Children, the Social Welfare Institute for the physically handicapped students in Brno-Královo pole
The field and Diagnostic Institute of social care in Tloskově, established by the
The Ministry of labour and Social Affairs, as the business of the State,
date of entry into force of this Act, become national příspěvkovými
organisations under section 96a of Act No. 108/2006 Coll., as amended effective from
date of entry into force of this law, and their founder is
The Ministry of labour and Social Affairs.
2. the Ministry of labour and Social Affairs issues the Charter of incorporation state
contribution organisations referred to in paragraph 1. Requirements for provisioning
of the Charter, section 96a paragraph. 1 of Act No. 108/2006 Coll., as amended effective from
date of entry into force of this law, shall apply mutatis mutandis.
3. Rights and obligations of the Czech Republic of labor relations
classified staff to work in the organizational components of the State
referred to in point 1 shall pass on the date of entry into force of this law on the
the State contributory organization referred to in paragraph 1.
4. The State contributory organization referred to in paragraph 1 shall, from the date
the entry into force of this law, the competent to manage the property of Czech
of the Republic, including registration, rights and receivables, other assets
values and other assets, which were on the date of entry into force of this
Act appropriate to manage the organizational components of the State referred to in point 1.
5. Liabilities and other liabilities of the Czech Republic, which at the date of acquisition
the effectiveness of this law was the Organization of the State referred to folders
in point 1, they are starting from the date of entry into force of this law the obligations and
liabilities of State contributory organizations referred to in paragraph 1.
6. Cash funds of the organizational components of the State referred to in point
1 centered in these funds pursuant to section 48, paragraph. 1 of law No 218/2000
Coll. on budgetary rules and amending certain related laws
(budget rules), will become the means of similar State funds
contributory organizations. The funds, which have been
organisational components of the State referred to in paragraph 1, the competent at the date of acquisition
the effectiveness of this law to manage or manage, with the date of
the effectiveness of this law are transferred to the account of foreign funds
The Ministry of labour and Social Affairs. These funds transfers
The Ministry of labour and Social Affairs shall, without delay, on the accounts of the State
contributory organizations.
7. The State contributory organization referred to in paragraph 1 shall, from the date
the entry into force of this Act, the rights holders and of the obligations arising
of the decision on registration under section 81 of the Act No. 108/2006 Coll. and the rights and
obligations arising from contracts concluded for the provision of social
services under section 91 of Act No. 108/2006 Coll., whose holders were the date of
the entry into force of this law the organizational components of the State referred to in point
1.
8. the existing State contributory Organization Institute for social care
the disabled in Hrabyni, established by the Ministry of labour and social
things, starting from the date of entry into force of this Act, be deemed to
the State-sponsored organization under section 96a of Act No. 108/2006 Coll., in
the texts of the effective date of the entry into force of this law.
Article. X Act No. 306/2013 Sb.
Transitional provisions
1. a person who has been issued a card social systems and that is
care allowance is paid in the manner referred to in section 18, paragraph. 3 of Act No.
108/2006 Coll., as amended, effective the date of the entry into force of this Act,
will be invited in writing to the regional branch of the Labour Office of the Czech Republic
not later than 1 calendar month from the date of entry into force of this
the law, in order to personally or in writing informed the way of payment of the contribution to the
care following the cancellation of the card of the social systems.
2. The regional branch of the Labour Office of the Czech Republic is obliged to make a change
the way of payment of the contribution to the care no later than 2 months from the date of
the communication referred to in point 1. The period referred to in section 18, paragraph. 3 the second sentence of the law No.
108/2006 Coll. does not apply here.
3. If the person does not notify the County Branch of the Labour Office of the Czech Republic
way of payment of the contribution to the care referred to in section 1 to 3 calendar months
from the date of entry into force of this Act, the care allowance from the date
designated by the regional branch of the Labour Office of the Czech Republic, but no later than
the sixth calendar month following the date of entry into force of
This law, be paid into the account last communicated to the Office work of the Czech
the Republic of the recipient of the contribution to the care referred to in section 19 of law No.
108/2006 Coll., where appropriate, to the specific recipient of the contribution, and
If no such account, shall be paid the mail reference.
Article. (II) Act No. 313/2013 Sb.
Transitional provisions
1. the condition of residence on the territory of the Czech Republic according to the section 4, paragraph 4. 1 of the law
No. 108/2006 Coll., as amended, effective from the date of entry into force of this
the law for entitlement to care allowance arising prior to the date
the effectiveness of this law shows the date 1. January 2015.
2. the procedure for appeal and lodged against the resolution degradation
interruption of proceedings for contribution to care under section 26(3). 1 of law No.
108/2006 Coll., as amended effective prior to the date of entry into force of this
the law, initiated and been the unfinished before this date, shall be completed
According to the effective legislation before the date of entry into force of this
the law.
3. the registration proceedings initiated and been the unfinished before the date
the entry into force of this law shall be completed in accordance with the legislation of the
effective prior to the date of entry into force of this law.
4. the procedure for the administrative tort by section 107, paragraph. 2 (a). l) of law No.
108/2006 Coll., as amended effective prior to the date of entry into force of this
the law, initiated and been the unfinished before this date, shall be completed
According to the effective legislation before the date of entry into force of this
the law.
5. the procedure for the accreditation of educational establishments, initiated and legally
the unfinished before the date of entry into force of this law shall be completed in accordance with
effective legislation before the date of entry into force of this Act.
6. the procedure for decomposition of the decision against the accreditation of educational
device initiated and been the unfinished before the date of entry into force of
This law shall be completed in accordance with active legislation before the date of
the entry into force of this law.
7. Under Section 101a of Act No. 108/2006 Coll., as amended, effective from the date of acquisition
the effectiveness of this law, shall be treated for the first time for the purposes of the provision of
subsidies in the year 2015.
Article. (II)
Transitional provisions
1. Exercise of the rights and obligations of the labor relations of employees
included for the performance of work in the Office work of the Czech Republic, who on the date of
31 December 2014 fulfil their tasks in the field of inspections provision
social services, day 1. January 2015, the Ministry of labour and
Social Affairs.
2. The proceedings for administrative offences pursuant to section 107, paragraph. 2 (a). (b)) to (g)), j),
m), about) and p) Act No. 108/2006 Coll., as amended by the effective date 1.
January 2015, identified in the performance of inspections of provision of social
services, initiated and been the unfinished before that date shall be completed
According to law No. 108/2006 Coll., as amended by the effective date 1. January
2015.
3. Inspections provide social services initiated before 1 July 2004. January
2015 the Office work of the Czech Republic-regional branches and a branch for
HL. m. Threshold completes the Ministry of labour and Social Affairs.
4. the Office of the Czech Republic-regional branches and branch for hl. m.
The threshold shall forward to no later than 31 December 2006. January 2015, the Ministry of labour and
Social Affairs of the writings and documents related with the performance of inspection
the provision of social services.
5. Information on the outcome of the inspections carried out and completed before 1 January 2006.
January 2015, writes to the Registry Office of the Czech Republic-regional
the branch or the branch for hl. m. Threshold to 31. January 2015.
6. For the administrative offence under section 107, paragraph. 2 (a). m) Act No. 108/2006
Coll., as amended effective from 1 January 2006. January 2015, is considered and the failure to comply with
the measures, imposed before the date 1. January 2015 the Office work of the Czech
Republic-regional branch or the branch for hl. m. Threshold or
failure to submit reports on the implementation of the measures.
7. Competence to practise the profession of social worker obtained
under section 110, paragraph. 4 (b). (c)), or (d)) of Act No. 108/2006 Coll., as amended by
effective date 1. January 2017, is considered to have been fulfilled even after this
the date.
1) section 116 of the civil code.
2) Law No. 133/2000 Coll., on registration of population and social security numbers and the
amendments to certain acts (the Act on the registration of inhabitants), as amended
regulations.
3) Act No. 326/1999 Coll., on stay of foreigners on the territory of the Czech Republic and the
amendment to certain acts, as amended.
Act No. 325/1999 Coll., on asylum, as amended.
4) section 42 c of Act No. 326/1999 Coll., as amended.
5) section 42f of Act No. 326/1999 Coll., as amended.
6) § 14a and 14b of the Act No. 325/1999 Coll., as amended.
7) § 42i Act No. 326/1999 Coll., as amended.
7A) of section 22a of the Act No. 48/1997 Coll., on public health insurance, and about
change and the addition of some related laws, as amended by Act No.
340/2006 Sb.
7B) section 23 of Act No. 48/1997 Coll.
section 36 of Act No. 20/1966 Coll., on the health care of the people.
7 c) of section 25 of Act No. 48/1997 Coll.
§ 8 paragraph 8). 1 Act No. 582/1991 Coll., as amended.
section 4, paragraph 9). 2 Act No. 582/1991 Coll., on the Organization and implementation of the
social security, as amended by Act No. 109/2006 Sb.
10) Law No. 101/2000 Coll., on protection of personal data and on amendments to certain
laws, as amended.
11) Act No. 133/2000 Coll., as amended.
12) section 13b of Act No. 133/2000 Coll., as amended by law No 53/2004 Sb.
13) Act No. 500/2004 Coll., the administrative code, as amended by law no 413/2005 Sb.
19) Act No. 48/1997 Coll., as amended.
Act No. 20/1966 Coll., as amended.
Law No 160/1992 Coll., on health care in non-State medical
establishments, as amended.
20) Law No. 96/2004 Coll., on conditions for the acquisition and recognition
competence for the exercise of paramedical professions and to the exercise
activities related to the provision of health care and the change
some related laws (the law on the paramedical
occupations), as amended.
22) section 11 to 16 of Act No 117/1995 Sb.
23) section 46 of the Act No. 94/1963 Coll., on the family, in the wording of later regulations.
§ 13 and 13a of the Act No. 359/1999 Coll. on social and legal protection of children, in
as amended.
24) section 20, section 23, paragraph. 1 (a). and (e))) to (h)), and (l)), section 24, paragraph. 1 (a). and)
(d)), g) to (j)) and l) and section 31 of Act No. 109/2002 Coll., on the exercise of the constitutional
education or protective education in educational establishments and the preventive measure
educational care in school facilities and on the amendment of other laws, in
as amended.
25) Law No 372/2011 Coll. on health services and conditions of their
provision (law on health services).
26) § 21a and 21b of the Act No. 283/1991 Coll., on the police of the Czech Republic, in the
as amended.
27) Law No 110/2006 Coll., on environmental and existential minimum.
28) section 43 of the Act No 117/1995 Sb.
28A) Law No 111/2006 Coll. on assistance in material need, as amended by
amended.
28B) § 26 paragraph. 1 and section 28 (a). (c)) of the Act No 117/1995 Coll., on State
social assistance, as amended.
section 19, paragraph 29). 3 of Act No 117/1995 Sb.
30) Act No. 255/1946 Coll., on members of the Czechoslovak army in the
abroad and on some other participating in the national struggle for
the exemption.
Act No. 462/1919 SB., o propůjčování places the Legionnaires.
30A) Law No. 269/1994 Coll., on criminal records, as amended
regulations.
31) Law No 18/2004 Coll., on the recognition of professional qualifications and other
eligibility of nationals of the Member States of the European Union and the
change some of the laws (law on the recognition of professional qualifications), as amended by
amended.
31A) Law No 111/2009 Coll., on basic registers.
32) § 2 (2). 2 of the commercial code.
33) Act No. 365/2000 Coll., on public administration and information systems of the
Amendment of certain other acts, as amended.
34) Act No. 255/2012 Coll., on the control (inspection).
for example, section 35) 128 code of civil procedure, section 8 of the criminal procedure code.
36) Act No. 320/2001 Coll., on financial control in the public administration and of the
amendments to certain acts (the Act on financial control), as amended
regulations.
37) Law No 218/2000 Coll., on the budgetary rules and the change
some related acts (budgetary rules), as amended by
amended.
37A) Law No 250/2000 Coll. on budgetary rules of territorial
budgets, in wording of later regulations.
Act No. 129/2000 Coll., on the regions (regional establishment), as amended
regulations.
Law No. 131/2000 Coll., on the capital city of Prague, as subsequently amended
regulations.
§ 7, paragraph 38). 1 (a). (c)), and (f)) of Act No. 218/2000 Sb.
§ 9, paragraph 39). 1 (a). I) and section 10, paragraph 1. 1 (a). (e)), and (j)) of law No.
250/2000 Coll., on the budgetary rules of the local budgets, as
amended.
40) Act No. 561/2004 Coll. on pre-school, primary, secondary, higher
vocational and other education (the Education Act), as amended by Act No.
383/2005 Coll. in the fields of education focused on social work and social
pedagogy, social pedagogy, social and humanitarian work, social
work, social and legal activities, charity and social activities
41) Act No. 111/1998 Coll., on universities and amending and supplementing
other laws (the law on universities), as amended
regulations.
42) § 10, section 5, paragraph 43. 2 (a). (d)) and article 96 of law No 96/2004 Sb.
43) Section 230 of the labour code.
44a) Act No. 198/2002 Coll., on volunteer service and amending certain
laws (the law on volunteer service), in the wording of later regulations.
45) section 36 of Act No. 96/2004 Sb.
46) section 7 of the Act No. 96/2004 Sb.
47) Law No 96/2004 Coll., as amended by law No 125/2005 Sb.
47) Act No. 95/2004 Coll., as amended by law No 125/2005 Sb.
Law No. 563/2004 Coll., on staff and on the amendment of certain
laws, as amended by law no 383/2005 Sb.
section 37 paragraph 47A). 2 Act No. 500/2004 Coll.
47B), for example, Act No. 561/2004 Coll., as amended,
Act No. 111/1998 Coll., as amended.
47c Item 22 (a)). l) and m) of the annex to the Act No 634/2004 Coll., on
administrative fees, as amended by Act No 206/2009 Sb.
47d) § and § 203 paragraph 200. 1 of the labour code.
47E) section 157 to 160, 162 and 163 of the labour code.
48) § 168 and 172 of the criminal code.
§ 5, paragraph 49). 6 Act No 111/2006 Coll. on assistance in material need, in
as amended.
50) § 42i Act No. 326/1999 Coll., as amended by law No 427/2010 Sb.
section 16a, paragraph 51). 3 of Act No. 582/1991 Coll., on the Organization and implementation of the
social security, as amended by Act No. 347/2010 Sb.
52) Act No. 109/2002 Coll., as amended.
54) European Parliament and Council Regulation (EC) No 883/2004 of 29 April 2004.
April 2004 on the coordination of social security systems, as
the text of the.
Regulation of the European Parliament and of the Council (EC) no 987/2009 of 16 January. September
2009 laying down detailed rules for the application of Regulation (EC) No 883/2004
on the coordination of social security systems, as amended.
Regulation of the European Parliament and of the Council (EU) No 492/2011 from 5 December 2005. April
2011 on free movement of workers within the Union.
55) Law No 45/2013 Coll., on victims of crime and amending certain
laws (the law on victims of crime).
56) Law No. 182/2006 Coll., on bankruptcy and the ways of its solution
(insolvency law), as amended.
57) section 12 and 13 of Act No. 359/1999 Coll., as amended.
section 10, paragraph 58). 3 (b). (c)) of the Act No. 359/1999 Coll., as amended
regulations.
59) section 42 g of Act No. 326/1999 Coll., as amended.
60) Act No. 435/2004 Coll., on employment, as amended,
regulations.
61) of section 42 of Act No. 326/1999 Coll., as amended.
section 42a, paragraph 62). 1 of the Act No. 326/1999 Coll., as amended.
Article 63). 7 and 24 of the directive of the European Parliament and Council Directive 2004/38/EC of the European
29 April 2004 on the right of citizens of the Union and their family members
to move and reside freely within the territory of the Member States, amending
Regulation (EEC) No 1612/68 and repealing directives 64/221/EEC, 68/360/EEC,
72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and
93/96/EEC.