Organization Of Educational Care In Centres Of Educational Care

Original Language Title: organizace výchovně vzdělávací péče ve střediscích výchovné péče

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=60592&nr=458~2F2005~20Sb.&ft=txt

458/2005 Sb.



Decree



of 10 June 1999. November 2005,



the details on the Organization of educational care in

educational care centres



The Ministry of education, youth and sports (hereinafter referred to as "the Ministry")

determined in accordance with § 41 para. 1 (b). (c)), and (g)) of Act No. 109/2002 Coll., on

the performance of institutional care or protective care in school facilities and

about preventative educational care in school facilities and on changing other

laws, and in accordance with § 121 paragraph 2. 1 Act No. 561/2004 Coll. on pre-school,

primary, secondary, higher vocational and other education (the education

the law):



§ 1



Introductory provisions



(1) this Ordinance governs the details of the Organization of the educational

care in the educational care centres (hereinafter referred to as "the Centre") and the

the model rules of procedure of the Centre. Further regulates the details of the content and

the scope of activities of the Centre, on the conditions under which the Centre

provides services, on the organisation and conditions of operation of the Centre,

lays down the criteria for the recruitment of persons referred to in paragraph 2 to the Centre

and details of their dismissal from the Centre.



(2) for the purposes of this order, the educational care center

means the systematic teaching activities leading to the creation and

influence of conditions that allow for the involvement of the individual in society and the

healthy development of his personality. The Foundation of care is the provision of a specially

the pedagogical and psychological services to children at risk for behavior disorders

or with an already developed symptoms of disorders of behavior and negative phenomena in

social development, in which the ordered institutional care or stored

protective upbringing, or supervising the completion of the Middle

Education (hereinafter referred to as "client").



(3) a part of the educational care centre is an activity designed

to support the education of clients and motivation for self-education within the

lifelong learning ^ 1).



(4) this Ordinance shall apply, mutatis mutandis, also to the provision of educational

educational care diagnostic Institute ^ 2).



§ 2



The contents of the care at the Centre



(1) the Centre shall provide the following services:



and) diagnostic,



(b) educational and preventative)



c) consultancy.



(2) Diagnostic Services are:



a) psychological Diagnostics of personality,



(b) teaching and) specifically pedagogic-psychological Diagnostics

behavior and social development,



(c) the diagnosis of cross-compliance) the social causes and social behavior disorders

development.



(3) preventive educational Services are:



and educational activities) focused on prevention of vices

or their correct and socially rehabilitating activity,



(b) the development of an individual educational plan) pursuant to § 3 (2). 4 and

client support in implementing this plan,



c) one-time, short-term and long-term management of clients in the form of

individual, group and family therapy activities



(d) the drawing up and implementation of specially) pedagogical and therapeutic

programs targeted to the needs of individual clients and for groups

clients,



e) processing and sale of targeted specifically for teaching program

class groups in the prevention and solution of socially pathological

phenomena on the initiative of the school or school facility ^ 3).



(4) Consulting Services are:



and the consulting intervention, including dial-up) of the intervention and psychological

the support provided by the client, who is in a difficult life situation,

that is not able to solve,



b) advisory activities aimed at the prevention of social

pathological phenomena, on the solution of problems arising as a result of failures

client behavior and adverse effects and support activities aimed at

support for the inclusion of the client to the company



(c)) the provision of information aimed at the appropriate option and mastering

training and client support in an effort to gain a qualification

needed to improve the labour market.



§ 3



Organization of care center



(1) the Centre for the provision of services to the client interacts with the

the school, which the client is a pupil, to support its education for

provided that the legal representative of a minor or an adult client

the client gives written consent to transmission of data about the client school. When

the granting of the consent to proceed under a special zákona4). Consent to the

the cooperation of the Centre with the school is not needed in the case of services

provided according to § 2 (2). 3 (b). (e)).



(2) the Centre for the provision of services of a minor client

cooperate with the authorities of the socio-legal protection of children, in order to ensure

rapid exchange of information and effective assistance to this minor client

whose development is compromised or disrupted socio-pathological phenomena ^ 5).



(3) educational care center provides to the client

psychologist, special educator, and educator, who meets the prerequisites

established by special legislation ^ 6).



(4) not later than 14 days after receipt of the client to the ambulatory

Department of the Centre the Centre with the client shall draw up individual educational

plan. Individual educational plan is intended to remedy the disorders of behavior,

Prevention of negative phenomena in the social development and healthy development of the personality.



(5) the Director of the Centre (hereinafter referred to as "the Director") acquainted with the created

an individual educational plan for the client, and the legal representative of a minor

client. The client and the legal representative of a minor client shall confirm this

the fact of signature in the individual education plan. Both the client and the legal

representative of a minor client may, within three days from the introduction to

an individual educational plan to him in writing. These observations

It may not affect the start of implementation of the individual educational plan.



(6) the provision of educational care center can be temporarily

limit or break only for important reasons and on the basis of the written

consent of the founder. For serious reasons to consider the organizational or

technical reasons that prevent the proper provision of services under section 2 of the

paragraph. 1.



§ 4



The breakdown of the Centre



(1) the Centre is divided into departments, which are laid down

According to the forms of care provided ^ 7).



(2) Centre, which provides care to clients in the form of out-patient

services, has only outpatient department. Out-patient Department is further

do not break down.



(3) Centre, which provides services to clients referred to in

paragraph 2 also in the form of day care services, it also has the Department

all day. The full-day Department are to be broken down according to § 7 (2). 1.



(4) Centre, which provides services to clients referred to in

paragraph 2 also in the form of residential care services, it also has the Department

boarding. The boarding Department is further subdivided according to § 7 (2). 1.



§ 5



Out-patient Department



Outpatient Department:



and) provides clients with educational care in working days

a minimum of 8 hours per day; the operating time is determined by the

local conditions in its rules of procedure of the Centre,



(b)) provides consultancy support to clients who have found themselves in difficult

life situations and creating the conditions for prevention of social

the pathological phenomena,



(c)) on the basis of the results of examinations and course

the current care appropriate form for more care, and the inclusion of a client to the Department

day or boarding school or other professional care,



(d)), as needed, educational and therapeutic conducts residential programs in

up to 7 days; participation in residential programs is subject to the

the minor client written consent of legal representative,



e) provides subsequent educational care to clients after their

their stay in the internátním Department, or a day, usually after

for 1 year.



§ 6



Prerequisites for the provision of care in outpatient department



For the provision of adequate care in the form of out-patient services are

ensured proper spatial conditions ^ 8), which shall be at least one

separate room for individual diagnostic, therapeutic and

advisory activities, a separate room for group activities with

clients, a separate room equipped for administrative activities and

safe storage of documentation containing personal data, separate

the room is used as a waiting room for clients, social facilities for

clients, separate room for an employee of a legal person

operating centers and social facilities for these people.



§ 7



Day and boarding Department Department



(1) joint educational, therapeutic and social rehabilitation

the activities covered by the clients in the Department a day or in the Department

internátním involved, shall be carried out in the educational group, which is

the basic organizational unit of the Department ^ 9). Department or educational

the groups are not divided according to gender or age of the clients.



(2) the full-day Department provides clients with a continuous educational

care and boarding on weekdays, at least 8 hours a day,

up to 19 hours.



(3) a boarding Department provides clients throughout their stay at ^ 10) in

the Centre 24-hour educational care, accommodation and catering

and provides the supervising compliance with an individual educational plan of


by the client, if the school that the pupil attends,

drawn up ^ 11).



§ 8



Prerequisites for the provision of care by separating the day and internátním



(1) for the provision of adequate care in the form of full-day services are

provided by:



and spatial conditions) the proper, which are one independent room for

each educational group, at least one classroom ^ 12), a room for

individual diagnostic, therapeutic and advisory activities, tea

kitchen, bathroom,



(b)), the material conditions, which are audiovisual and computer equipment,

basic equipment for music and art therapeutic activities,

equipment kitchenette.



(2) for the provision of adequate care in the form of residential services are

provided by:



and) proper spatial conditions ^ 13), which are living room, bedroom

clients, a separate room for the staff of the Centre,

separate room for educational activity with the Group

clients, tea kitchen, sanitary facilities,



(b)), which is the inner equipment of furniture for storing clothing, laundry and

shoe clients, books, toys, desks and chairs, sofas,

dining table, basic equipment for simple kitchen preparation

dishes in the tea kitchen



(c)) the conditions governing the material are audiovisual and computer equipment,

Home electrical appliances, the basic facilities for sport and tourism,

basic equipment for music and art therapeutic activities.



(3) the Catering Department of the boarding school's clients, including the purchase of food,

can be ensured with the help of clients.



(4) educational care in the educational group ^ 14) provides at least

One educator or a special educator. Taking care of safety of clients in

the Department of internátním is from 20 hours to 8 hours provided by the

as a rule, an Assistant teacher.



§ 9



Hiring and firing of the client in the event of separation of the day or

the residential school



(1) admission to the client department a day or residential school

It is the recommendation of the Department of ambulatory on the most appropriate forms of additional

care under section 5 (b). c). out-patient Department justifies the proposal to

acceptance of the client into a day or boarding school with the Department

taking into account the needs, capabilities and the most appropriate conditions

of the individual educational plan.



(2) before taking a client to the Department a day or residential school

shall be signed by the supervising Director of the contract with the client or legally

representative of a minor client.



(3) contract for the acceptance of the client at the Centre (hereinafter referred to as "the agreement")

includes in particular:



and) name, surname, date and place of birth, place of residence of the client

residence or domicile, if permanent residence is granted,



(b)) in the case of minors also clients name, surname and place of

permanent residence or residence of the legal representatives, unless the Permanent

stay independent,



(c) in the cases) the procedure related to the provision of health care or

estimated hospitalizations in a medical facility, and in the case of

options and how fast contact,



(d)) date of adoption and the end of the stay,



e) conditions for termination or suspension of the stay,



f) confirmation of acquaintance with the internal regulations of the Centre and in agreement with its

to abide by.



(4) a condition of the acceptance of the client to pass to the Director of the Centre is:



and proof of payment for) food and accommodation in the Centre of the ^ 15),



(b) the medical report on the health) of eligibility ^ 16) to the location of the client

in the Centre, no older than 3 days



(c)) the written submissions of the legal representative of a minor client, in

the case of an adult client's written observations, about the current

Health ^ 17),



(d) copies of the latest school report card) or extract from the school Registrar's Office,

where appropriate, copies of an individual educational plan, if the school

the pupil attends, drawn,



e) in the case of admission to the residential school Department whether or not vaccination card and

the insured person's health insurance card of the client.



(5) the Director shall consult with the client when the adoption must, in the case of

the minor client with his legal guardian, the procedure in cases

related to the provision of health care or

hospitalization in a medical facility. In the case of emergency

hospitalization, the Director shall forthwith in writing inform the legal representative

a minor client.



(6) when the input to an interview with a client validates the data on the reasons for the Director

location of the client to the care center and before signing the contract shall instruct

the client, in the case of a minor client also his legal representative,

conditions of stay at the Centre, the Centre's internal regulations and

the organization providing the training.



(7) Interviews with the client or the client's legal guardian,

that verify the facts referred to in paragraphs 3, 5 and 6, are kept in the

areas that allow for confidential meetings and personal data protection. About

being interviewed is made a record that is part of the documentation of the

to the client.



(8) the inclusion of a client to the educational group is a pedagogical

the worker, who informs the Organization of life in the educational group.



(9) the Director of demonstrably passes when you stay zletilému

the client or legal representative of the minor final client

message, personal belongings of the client, vaccination certificate and insurance card

health insurance company, or any of the documentation centre

received at acceptance to the client care. A copy of the final report is

part of the documentation of the client.



(10) when you save and eviction at the Centre is the procedure documentation

under special legislation ^ 18).



§ 10



The elements of the final report



(1) the Centre shall on the basis of the results of the diagnostic, preventative

educational and counselling activities final report with handles

the proposed measure for the sake of control, emotional and morálněvolního development

the client and his successful social application. The report evaluates the

achieve the advances provided for in the individual education plan.



(2) the final report is prepared on the basis of the message of the psychologist,

Special educator, educator and social worker of the Centre.

Primarily contains the name, surname, date and place of birth of the client,

place of residence or domicile, if not a permanent resident

granted, the date of receipt of the client to the educational care and date

their care, social history, the results of the psychological examination,

specifically, a pedagogical examination and the results of educational care.

Evaluates the achievements of the client in order to remedy the difficulties which have been

admitted to the care centres, and demonstrates the possibilities for further education

the action. The report also contains



and in the case of a client department) ambulatory information about

characteristics of the nature, including behavior, reviews the level of

the development of voluntary property, the ability to self assessment, information about

client relations with family and loved ones, assessment of client relations, persons

to the authorities, information about interests, knowledge, and skills of the client,

also data about changes in behaviour and benefit in school during the

care in the Centre and information about the notion of his client another

education and professional orientation, data about what works when

Troubleshooting behavior at the client, the recommendations concerning the use of

free time, in the case of a minor client educational recommendations for

the legal representative,



(b) in the case of a client department) a day or boarding school information

referred to under (a)), as well as assessing the ability of adaptation

the client to change, information about the capabilities of establishing

social relations and the status of the client in the educational group, reviews

the level of social and work habits, including the ability to team

cooperation, information on behaviour in stress situations and recommendations

regarding the suitable ways to resolve interpersonal conflicts and

overcoming stress.



§ 11



The model rules of procedure of the Centre



Rules of procedure of the Centre includes the elements listed in the annex to this

the Decree.



§ 12



Transitional provision



According to § 3 (2). 3 proceed from 1. January 1, 2007.



section 13 of the



The effectiveness of the



This Decree shall take effect on the date of its publication.



Minister:



JUDr. Buzek in r.



XIII.



The model rules of procedure of the Centre



1. characteristics of the Center, its structure and operation:



name of legal entity), who carries on the activity of the Centre, headquarters and

phone number, fax number (if applicable) or email

address and the Web site of the Centre,



b) organisational structure of the legal person, who carries on the activity

the Centre,



(c) the characteristics of the different departments of the Centre) and their tasks,

including the setting of the operating hours of the Department



(d) security personnel)



e) limitation of liability of the Director and staff of the legal liability

a person who carries on the activity of the Centre,



f) organizational liaising with those responsible for education.



2. The procedure for the receipt, movement and firing clients:



and the client to receive) the organisation of the Centre,



(b) the contract of stay) the details of the client in the Department a day or


the Department of internátním,



c) recommended equipment for staying in the client department a day or

the Department of internátním,



d) cooperation with the competent authorities and institutions,



(e)) the reasons for the suspension or termination of the stay of the client in the Department a day

or in the Department of internátním,



(f) dismissal from the client) the organisation of the Centre,



(g)) the details of the final report,



h) provision to help the client after his release from the Center.



3. the Organization's education and training activities at the Centre:



and diagnostic activities organization)



(b) the Organization's preventive educational activities),



(c) the Organization of advisory activities)



(d) Organization of training)



(e)) of the Organization of prevention of socially pathological phenomena,



(f) particulars of the individual educational plan),



g) Organization of extracurricular activities in the Department a day or in the Department

internátním.



4. the organisation of care for clients at the Centre:



and as to educational) group



(b)) ways of catering for clients in the Department a day or in the Department

internátním,



(c) the client department) internátním,



d) procedure in case of escape from the client department a day or from

the Department of residential school,



e) procedure in case of temporary restriction or interruption of

educational care in the Centre.



5. Rights and obligations of clients:



and evaluation system, clients) taking educational measures



(b) the conditions of treatment of the property) of a legal entity that carries out

the activities of the Centre from clients,



c) Organization (working days, free days)



(d) the client department) contact of the boarding school or a day with the Department

parents and other persons (visits, written, telephone and other

contacts),



(e) the client department) the residence of the boarding school outside the Centre (hiking,

holiday),



f) procedure and handling of requests, complaints and proposals

Directors, employees of the legal person, who carries on the activity

Centre or to other persons and authorities.



6. the rights and obligations of legal representatives, in cooperation with the Centre:



and provision of information) how the legal representatives of the Centre,



(b) the method of payment of remuneration for) food and accommodation for the client in

the Centre,



(c) the participation of legal representatives) on educational activities

the Centre,



(d)) the provision of information to the client, publicise



e) contacts with legal representatives of minors by the client in the course of their stay at

Department a day or in the Department of internátním,



(f) the termination or interruption).



7. conditions for ensuring the safety and health protection:



and health care) and for the prevention,



(b)) to the injury of clients,



(c)) to diseases of the clients,



(d)) to the client's intoxication with alcohol or other addictive

substances,



e) to self-injury or suicide attempt, the client



(f)) to the aggressiveness of the client you might endanger the health and lives of

other custom.



1) § 2 (2). 1 (b). (b)) and h) of the Act No. 561/2004 Coll. on pre-school,

primary, secondary, higher vocational and other education (the education

the law).



The annex to Decree No 458/2005 Sb.



2) § 16 para. 2 Act No. 109/2002 Coll., as amended by Act No. 383/2005 Sb.



3) section 29 para. 1 of the Education Act.



5) section 8, section 10, paragraph 1. 4 and § 53 para. 1 (b). c) of Act No. 359/1999 Coll., on the

the socio-legal protection of children, in the wording of later regulations.



6) § 3, article 16 paragraph 2. 2, section 18 and 19 of Act No. 563/2004 Coll., on the pedagogical

workers and on amendment to certain laws.



7) § 16 para. 2 Act No. 109/2002 Coll., as amended by Act No. 383/2005 Sb.



8) § 148 paragraph. 3 (b). (b)) of the Education Act.



9) § 16 para. 5 of law No 109/2002 Coll., as amended by Act No. 383/2005 Sb.



10) § 16 para. 2 (a). c) of Act No. 109/2002 Coll., as amended by Act No.

383/2005 Sb.



11) section 18 of the Education Act. section 6 of Decree No. 73/2005 Coll. on education

children, pupils and students with special needs and children

extremely talented school pupils and students.



12) section 11 of Decree No. 410/2005 Coll. on hygienic requirements for

premises and operation of equipment and premises for the upbringing and education of children and

adolescents.



13) § 3 et seq. Decree No. 410/2005 Sb.



14) § 16 para. 5 of law No 109/2002 Coll., as amended by Act No. 383/2005

SB.



15) § 16 para. 3 of Act No. 109/2002 Coll., as amended by Act No. 383/2005

SB.



16) Act No. 258/2000 Coll., on the protection of public health and amending

some related laws, as amended.



17) § 38 paragraph 1(a). 1 of Act No. 109/2002 Coll., as amended by Act No. 383/2005

SB.



18) section 68 of Act No. 499/2004 Coll. on Archives and records service

amendments to certain laws.



sections 8 and 9 of Decree No. 656/2004 Coll., on details of the performance of the file

the service.