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.
