254/2014 Sb.
LAW
of 22 March. October 2014,
amending Act No. 108/2006 Coll., on social services, as amended by
amended, law No 111/2006 Coll. on assistance in material need, in
as amended, and Act No. 73/2007 Coll., on the Czech Labour Office
Republic and amending related laws, as amended
Parliament has passed the following Act of the United States:
PART THE FIRST
Amendment of the Act on social services
Article. (I)
Law No. 108/2006 Coll., on social services, as amended by Act No.
29/2007 Coll., Act No. 213/2007 Coll., Act No. 261/2007 Coll., Act No.
124/2008 Coll., Act No. 129/2008 Coll., Act No. 274/2008 Coll., Act No.
479/2008 Coll., Act No. 108/2009 Coll., Act No. 207/2009 Coll., Act No.
223/2009 Coll., Act No. 227/2009 Coll., Act No. 347/2010 Coll., Act No.
427/2010 Coll., Act No. 73/2011 Coll., Act No. 364/2011 Coll., Act No.
366/2011 Coll., Act No. 375/2007 Coll., Act No 420/2007 Coll., Act No.
331/2012 Coll., Act No. 384/2012 Coll., Act No. 401/2009 Coll., Act No.
45/2013 Coll., Act No. 303/2013 Coll., Act No. 306/2013 Coll., Act No.
313/2013 Coll. and Act No. 101/2014 Coll., is amended as follows:
1. In paragraph 3 (h)):
"(h) the medium-term development plan) social services strategy document
municipalities or regions approved for 3 years, which is the result of the active
the survey of the needs of people on the territory of municipalities or regions and seeking ways
their satisfaction with the use of the available resources; its content is
a summary of the results and the underlying analysis and data, a description of how to handle
the plan, including the establishment of cooperation with municipalities, with 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
measures through which this State should be achieved,
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 the method of providing the network of social services in the territory of
region; 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 the social services ".
2. In article 3, the following point (i)), which read as follows:
"i) networking social services social services summary in sufficient
capacity, adequate quality and appropriate local availability
help to deal with the unfavourable social situation of persons in the territory of the region and
that are in line with the identified needs of the people within the territory of the region and
the available financial and other resources; a network of social services is
part of the medium-term plan for the development of social services of the region. ".
3. In section 4, paragraph 4. 1 at the end of the text of the letter j), the words ", or
a person employed, self-employed, a person leaving the
such a position, and her family members having the right to equal
treatment in accordance with European Union ^ 63) ".
Footnote # 63:
"63) Article. 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. '.
4. in section 22 to the end of the text of paragraph 1, the words "shall be added; the obligation to
return the contribution or its part also has the person who, after the death of the legitimate
the person adopted or part of the contribution, which it does not belong ".
5. In paragraph 38 the first sentence, after the words "in order" the words "support
life in their natural and social environment ".
6. In section 75 para. 2 at the end of paragraph (d) is replaced by a comma and dot)
the following point (e)), which read as follows:
"e) surviving spouses (wives) when the persons referred to in subparagraphs (a) (b))
to (d)) legacy 70 years. ".
7. In § 79 paragraph 2. 1 letter f) is added:
"f) ensuring personnel, material and technical conditions
the corresponding kind provided by social services ".
8. In section 82 para. 3 (c)):
"(c)) the provider of social services even after the imposition of sanctions for administrative
offence under sec. 107 para. 2 (a). m) fails to comply with the measures imposed to
the removal of deficiencies in the area of compliance with the standards of quality of social
services identified in the inspection, provide social services, or ".
9. In § 85 para. 4 the first sentence, after the words "pursuant to § 81 para. 2 (a). (d)) "
the words ", information on the outcome of the inspection carried out, provision of
social services "and in the third sentence, the words" Regional Branch Office
the work "shall be replaced by" the Ministry ".
10. In section 86, paragraph 3 shall be deleted.
11. in section 93a paragraph 1. 1 the first sentence, the words "§ 92 (a). (d)) "shall be replaced by
"§ 92 (a). (b)), and (d)) ".
12. in section 94 at the end of paragraph (e)) dot replaced with a comma and the following
subparagraph (f)), which read as follows:
"(f)) works with the region when determining the network of social services in the territory of
region; for this purpose, tells information about the capacity of the social region
the services that are necessary to ensure the needs of the people within the territory of the municipality and
helps create the conditions to ensure the needs of those persons. ".
13. in paragraph 95, at the end of subparagraph (g)) the dot replaces the comma and the following
letter h) is added:
"(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 pursuant to § 94 (a). f).“.
14. in section 96 (b)):
"(b)), the national development strategy processes of social services, tracks, and
evaluates its implementation and, in cooperation with the County determines the parameters
the availability of social services. ".
15. in section 96 (c)) shall be deleted.
16. In article 97, paragraph 1 reads:
"(1) inspection of the provision of social services (hereinafter referred to as" the inspection ")
carried out on providers of social services, which was released
the marketing authorisation, and for providers of social services referred to
in § 84 Ministry. ".
17. in § 97 paragraph 4 is added:
"(4) the Social Service Providers are required to inform the
significant deficiencies found during the inspection referred to in paragraph 3, the person
that concluded a contract for the provision of social services, or legal
representative or guardian, or representative under section 91 paragraph 2. 6,
If you have entered into a contract for the provision of social services for the person who
is not able to act alone. For the serious deficiency in particular is considered to be
the negotiation of the amount of the payment in contravention of section 73 to 77 and omission of notice
reasons and for periods in the contract. ".
18. In paragraph 98 of paragraph 1. 2, the second sentence is replaced by the phrase "at least 1 member
the inspection team shall be an employee of the State entered to work in
the Ministry "and the third and fourth sentence are deleted.
19. In article 98 para. 5, the first sentence is replaced by the phrase "the Ministry is
social services providers authorized to impose measures to eliminate
the shortcomings identified during an inspection; the stored measures is part of the
inspection findings. "and in the second sentence, the words" the regional branch
The Labour Office "shall be replaced by" Ministry "and the words" regional branch
The Labour Office "shall be replaced by the word" Ministry ".
20. section 101 shall be deleted.
21. the footnote No. 37a:
' 37a) Law No 250/2000 Coll. on budgetary rules of territorial
budgets, as amended.
Act No. 129/2000 Coll., on regions (regional establishment), as amended
regulations.
Act No. 133/2000 Coll., on the capital city of Prague, as subsequently amended
regulations. ".
22. in Section 101a para. 1, the words ' paragraph 95 (a). g) "shall be replaced by the words" § 95
(a). g) and (h)) ".
23. in Section 101a is at the end of paragraph 2 the following sentence "for the provision of
of funds to the individual and their social services of
the County Council shall act in accordance with the conditions laid down
Government of the region. ".
24. in Section 101a para. 3 (c)) shall be deleted.
Subparagraph (d)) shall become point (c)).
25. In Section 101a is at the end of paragraph 3 the following sentence "the conditions for the
processing and structure of the medium-term plan for the development of social services
down implementing legislation. ".
26. in Section 101a paragraphs 4 to 6 shall be added:
"(4) the amount of the subsidy, the Ministry of the region provides the percentage of
region in the total annual volume of funds earmarked in
the State budget in support of social services for the financial
year round; the amount of the percentage of the County is listed in the annex to this
the law.
(5) the Ministry provides at his own expense a computer program
(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 § 85 para. 1. 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 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
It considers only the request, which is submitted to the County through this
program.
(6) the County shall submit to the Ministry until 31 December 2006. may the financial
year by means of a computer program, in accordance with paragraph 5 of the continuous
an overview of the contributions, and until 31 December 2006. March of the following financial
year end overview of the contributions for the corresponding financial year. ".
27. in Section 101a para. 7, the words ", the content of the list referred to in paragraph 3 (b).
(c)) "shall be deleted.
28. in paragraph 102, the first sentence is replaced by the phrase "to ensure the obligations of the
referred to in § 93 (a). and to ensure the activities), and social work, which
are performed in the context of the obligations referred to in paragraph 93 (b). (b)), and
(c)), in the form of special-purpose contribution to the regions provides subsidies. ".
29. in paragraph 103, the first sentence is replaced by the phrase "to ensure the obligations of the
referred to in § 92 (a). and to ensure the activities), and social work, which
are performed in the context of the obligations referred to in article 92 (a). (b))
to (d)), to the municipalities with extended competence provides a contribution in the form of
the special-purpose grants. ".
30. In article 104, the following paragraph 6 is added:
"(6) the Ministry provides at his own expense a computer program
(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 § 85 para. 1. Service providers
social services are required to use a computer program for the submission of
applications for subsidies, the Ministry will provide them. Regional Office of the
through a computer program expressed to support for the
social service. ".
31. in paragraph 105, the following new section 105a, which reads as follows:
"section 105a
The implementing legislation sets out the usual cost of individual social
services with regard to the regional specificities of social services. ".
32. In article 107 paragraph 1. 2 letter d) is added:
"(d)) with the person refuses to enter into a contract for the provision of social services in
contrary to section 91 paragraph 2. 3. "
33. In article 107 paragraph 1. 2 (a). (h)), the words "within the period specified in the" be replaced by
the word "by".
34. In article 107 paragraph 1. 2 (a). m), the words "the Regional Office of the Labour Office"
replaced by the words "Ministry".
35. In § 108 paragraph. 4 (b). and (2) the words of) "paragraph. 2 to 5 "are replaced by
the words "paragraph. 3 and 4 ".
36. In § 108 paragraph. 4 (b). and) point 3 is added:
"3. an administrative offence under sec. 107 para. 2 (a). (h)) and § 107 para. 4. "
37. In § 108 paragraph. 4 (b). (d)) at the end of the text of point 1, the words "
, or an employee of a provider of social services, which
the Ministry has made the decision about the registration, and the offense under section 106
paragraph. 2. "
38. In § 108 paragraph. 4 (b). (d)) at the end of paragraph 2, the period is replaced by a comma
and the following point 3 is added:
"3. an administrative offence under sec. 107 para. 2 (a). (b)) to (g)), j), m), o) and
p).“.
39. In paragraph 110 of paragraph 1. 4 at the end of subparagraph (b)) a comma is replaced by a dot and the
subparagraph (c)), and (d)) shall be deleted.
40. In section 119 paragraph 1. 2, after the words "§ 99 paragraph 2. 3 "the words" §
101a para. 3, section 105a ".
41. the following annex to the Act, which reads as follows:
"Appendix to Act No. 108/2006 Sb.
The amount of the percentage of the County to the overall 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 Kralove 5.46
Liberec 4.14
Moravian-Silesian 11.99
Olomouc 7.81
Pardubice 5.37
Pilsner 4.86
The Czech Republic 10.93
Ústí nad Labem 9.71
Highlands 5.30
Zlín 7.07
-------------------------------------------------------
“.
Article. (II)
Transitional provisions
1. Exercise of the rights and obligations of labor relations of employees
included to work in the Office work of the Czech Republic, who on the date of
December 31, 2014, perform the tasks in the field of inspections provision
social services, passes on 1 January 2000. January 2015, the Ministry of labour and
Social Affairs.
2. The proceedings for administrative offences pursuant to § 107 para. 2 (a). (b)) to (g)), j),
m), o) and p) Act No. 108/2006 Coll., in the version in force before 1 January 2006.
January 2015, found during the inspection provide social performance
services, and finally the unfinished before that date shall be completed
According to law No. 108/2006 Coll., in the version in force before 1 January 2006. January
2015.
3. Inspections provide social services initiated before 1 July 2004. January
2015 the Office work of the Czech Republic-the regional branches and the branch for
HL. m. Threshold completes the Ministry of labour and Social Affairs.
4. the Office work 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 relating to the exercise of the 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 sec. 107 para. 2 (a). m) Act No. 108/2006
Coll., in the version in force from 1 January 1999. January 2015, is considered as non-compliance with
the measures, imposed before the date 1. January 2015 the Office work of the Czech
Republic-the regional office or 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
pursuant to section 110 of paragraph 1. 4 (b). c) or (d)) of the law No. 108/2006 Coll., as amended by
effective before 1 May 2004. January 2017, is considered to be fulfilled even after this
the date.
PART TWO
Amendment of the Act on assistance in material need
Article. (III)
In Act No 111/2006 Coll. on assistance in material need, as amended by Act No.
165/2006 Coll., Act No. 585/2006 Coll., Act No. 261/2007 Coll., Act No.
379/2007 Coll., Act No. 239/2008 Coll., Act No. 259/2008, Coll., Act No.
306/2008 Coll., Act No. 382/2008 Coll., Act No. 479/2008 Coll., Act No.
41/2009 Coll., Act No. 207/2009 Coll., Act No. 227/2009 Coll., Act No.
141/2010 Coll., Act No. 347/2010 Coll., Act No. 427/2010 Coll., Act No.
73/2011 Coll., Act No. 329/2011 Coll., Act No. 364/2011 Coll., Act No.
366/2011 Coll., Act No. 375/2007 Coll., Act No. 458/2007 Coll., Act No.
399/2009 Coll., Act No. 303/2013 Coll., Act No. 306/2013 Coll., legal
the measure the Senate no 344/2013 Coll. and Act No. 64/2014 Coll., section 65
the following new section 65a, which including footnote # 77:
"§ 65a
To ensure social work activities, which are performed in
connection with the obligations set out in sections 63 and 64, is entrusted with the municipalities and
municipalities with extended competence provides in the form of special-purpose contribution
the subsidies. The grant provides the Ministry under a special legal
prescription ^ 77). Subsidies from the State budget is entrusted to municipalities and municipalities
extended powers provided through the regional budget; This
the activity of the regions is the delegated scope of activities carried out.
77) Act No. 218/2000 Coll. on budgetary rules and amending
certain related acts (budgetary rules), as amended by
amended. ".
PART THREE
Amendment of the Act on the Office work of the Czech Republic
Article. (IV)
Act No. 73/2007 Coll. on employment services in the Czech Republic and amending
related laws, as amended by law no 366/2007 Coll., Act No.
375/2007 Coll., Act No. 331/2012 Coll., Act No. 401/2012 Coll. and act
No 306/2013 Coll., is amended as follows:
1. In section 4, paragraph 4. 1 (b). e), the words "and the provision of social
services ' shall be deleted.
2. In section 4A(1). 2 the third sentence, the words "§ 92 (a). (d)) "shall be replaced by
"§ 92 (a). (b)), and (d)) ".
PART FOUR
The EFFECTIVENESS of the
Article. In
This Act shall take effect on 1 January 2000. January 1, 2015, with the exception of the provisions
article. I, points 7, 25, 31, 39 and 40, which will become effective on 1 January 2004. January
2017.
Hamáček in r.
Zeman in r.
Sobotka in r.
