206/2009 Sb.



LAW



of 17 May. June 2009,



amending Act No. 108/2006 Coll., on social services, as amended by

amended, and certain other laws



Change: 362/2009 Sb.



Change: 347/2010 Sb.



Change: 364/2007 Coll., 366/2011 Sb.



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. and Act No. 108/2009 Coll., is amended as follows:



1. In paragraph 3 (b). (h)), after the words "content", the words "description

How to handle a schedule, "and after the words" resources and needs "

the words "persons for whom social services are intended".



2. Footnote 6 is added:



"6) of Council Regulation (EEC) No 1408/71 on the application of systems of social

Security on persons employed, self-employed and their

families moving within the community. ".



3. in paragraph 7 of the text at the end of paragraph 2, the words ", if this

assistance is provided to a person nearby or other natural person referred to in section 83

or social service provider that is written in the registry

providers of social services in accordance with § 85 para. 1, or a special

-bed medical facility hospice type ^ 7a); entitlement to the allowance

has this person even after the time that it is under a special legal

^ 7b) Regulation provided by the health care in the form of institutional care in the hospital

or specialized treatment of the Institute ".



Footnote No. 7a and 7b are inserted:



"7a) of section 22a of the Act No. 48/1997 Coll., on public health insurance, and about

amendments to 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. ".



4. In paragraph 8 (b). and "number 5) ' is replaced by the number" 4 ".



5. In paragraph 10 of the present text shall become paragraph 1 and the following

paragraph 2, which reads as follows:



"(2) a person under 18 years of age shall be deemed incompetent to manage tasks

referred to in § 9 para. 1 (b). a), q) and r), where for reasons of health

disability needs during these emergency aid operations, even in the

cases, when such acts of assistance and supervision not taken into account because of the

the age of the person and the corresponding degree of biopsychosociálního development.

Special use shall be the assistance that the scope, intensity, or

intensity significantly exceeds the assistance granted to a person of the same age. ".



6. In article 11 (1) 1 (b). (d)) and paragraph 2. 2 (a). (d)), the amount "EUR"

replaced by "$".



7. in article 14, the following paragraph 5 is added:



"(5) if the grounds for entitlement to the allowance so that the

post does not belong, the post will be withdrawn from the first day of the calendar

of the month following the calendar month in which the contribution of

paid. ".



8. In section 14a paragraph 1 including the footnote # 7 c is inserted:



"(1) the allowance shall not be paid if the beneficiary throughout the

calendar month provided health care in the form of institutional care in the

a hospital or specialized treatment institution, unless it is for the provision of

social services under section 52; This does not apply in the case where it is entitled

person in institutional care in a hospital or specialized treatment Institute

taken under a special legal regulation ^ 7 c) as a guide to the physical

the person who was mentioned in a post request, where applicable, the notified

pursuant to § 21 para. 1 (b). (d)) or § 21 para. 2 (a). (c)) as a person

providing assistance. The condition of the whole calendar month is not true,

If admission to a health care facility, referred to in the first sentence

There was the first day of the calendar month or for release from this

the device was the last day of a calendar month. Payment of the allowance is

stops on the first day of the calendar month following the calendar

the month in which the person entitled to the medical equipment

accepted, unless under section 21a, para. 1 reported release of this

device. Payment of the contribution shall recommence from the first day of the calendar

the month in which a stay beneficiaries in a healthcare facility

did not last for an entire calendar month.



7 c) section 25 of Act No. 48/1997 Coll. ".



9. cancelled



10. in article 16 paragraphs 1 and 2 shall be added:



"(1) where the applicant for Died post before a final decision on the

Post enters the further proceedings and shall become entitled to the amounts due

until the day of his death, another person close to the natural person referred to in section 83,

social services providing residential social services pursuant to §

48, 49 or 50, medical facilities providing social services by

section 52 or special bed medical facility hospice type,

If any of the following natural or legal persons named in the

a post request, where appropriate, in the course of the proceedings is reported under section 21

paragraph. 1 (b). (d)), as the person who provides the applicant with a contribution

assistance. The parties become all natural or legal persons

referred to in the first sentence, that is, from the start of the proceedings involved in the help

an applicant for a post to the day of his death. These persons shall ipso facto be entitled to the

the amount of benefit payable up to the date of death of the applicant for the allowance for

the calendar month in which provide assistance. If in a calendar

a month in assistance to an applicant for a post more of these people,

shall become entitled to the amount of the contribution will be equally, if you fail to submit

the competent municipal office municipality with extended powers agreement on another

breakdown of the amount of the contribution. Entitlement to payment of the allowance does not belong in

the calendar month in which an applicant for a post when he died from

the first day of the calendar month of the date of death was provided by the

health care in the form of institutional care in a hospital or specialized treatment

of the Institute.



(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

authorized persons, natural or legal person referred to in paragraph 1 sentence

First, if in a calendar month for which the allowance is payable, not

provide assistance to the beneficiary and was mentioned in a post request,

where appropriate, notified pursuant to section 21 para. 1 (b). (d)) or § 21 para. 2 (a).

c). If in a calendar month for which the allowance is payable, not

involved in the assistance to the beneficiary more natural or legal

people, these persons shall ipso facto be entitled equally, if

do not submit to the competent municipal office municipality with extended competence

agreement on a settlement amount of the contribution. Entitlement to payment of the allowance

does not belong in the calendar month in which the person entitled dies if

her from the first day of the calendar month of the date of death was

health care is provided in the form of institutional care in a hospital or

vocational therapeutic institution. ".



11. in article 16, paragraph 3 shall be deleted.



Paragraph 4 becomes paragraph 3.



12. cancelled



13. cancelled



14. cancelled



15. in section 20 (2). 1 (b). (b)), after the word "post" the words

"or cannot use contribution".



16. in paragraph 21, the dot at the end of paragraph 1 is replaced by a comma and the following

the letter d), which read as follows:



"(d)), in writing, inform the competent municipal office municipality with extended

in the course of proceedings on the contribution of changes in the facts that

have been listed in the request for a contribution, and the changes applicable to the conduct of the proceedings,

and it within 8 days from the date when such a change occurred; This

obligation must be fulfilled in the time of stay of proceedings ".



17. in section 21 para. 2 (c)):



"(c)) in writing inform the competent municipal office municipality with extended

scope changes related to providing assistance, within 8 days

from the day when this change occurred; This obligation of the recipient of

on a form prescribed by the Department, which includes a written

the consent of the relatives or other natural persons or legal entities with

the provision of assistance to the beneficiary ".



18. in section 21 para. 2 at the end of the text of subparagraph (d)), the words "by the person

the nearby or another natural person referred to in section 83 or the provider of

social services, which is registered in the register of providers of social

the services according to § 85 para. 1, or a special in-patient medical

Hospice-type device ".



19. in section 21 para. 3, the words "paragraph 1 and paragraph 2 (a). a), b) and (d)) "

replaced by the words "paragraphs 1 and 2".



20. in section 21 para. 4 the first sentence, the words "paragraph 2 (a). (c)) "are replaced by

the words "paragraph 2 (a). a) to (c)) ".



21. in section 21a, the terms "medical facility, to a school facility

for the performance of institutional care or protective custody, custody or

rise to imprisonment or for the performance of protective measures

security detention "shall be replaced by the words" in a hospital or specialized

treatment of the Institute and the release of this device ".



22. in section 21a of the present text shall become paragraph 1 and the following

paragraph 2, which reads as follows:




"(2) a person nearby, by a natural person referred to in section 83, a provider of

social services, which provides residential social services pursuant to § 48

up to 51, medical equipment, which provides social services pursuant to §

52, and special bed medical facility hospice type if

provide assistance to the beneficiary shall be required to report the death of a legitimate

the person to the competent municipal office municipality with extended competence within

within 8 days from the date of death of the persons concerned. ".



23. in paragraph 23 of the at the end of paragraph 4, the following sentence "proposal to amend the amount of the

granted to the beneficiary on the post served a form prescribed

Ministry. ".



24. in section 24 (b). and) the words "care, where this is known at the

submission of the application "shall be replaced by the words" help, how to help, and the written consent of the

relatives or other natural persons or legal entities with its

the provision ".



25. In section 25 is at the end of paragraph 1, the following sentence "of social

the investigation is made by the social worker a written record that on demand

presents the assessed person. ".



26. in section 25 is at the end of the text of paragraph 4, the words "with the indication of the

the acts that the person is not able to handle. This assessment is part of the

decisions to grant or reject a contribution that receives the applicant ".



27. in paragraph 26, at the end of the following sentence "Municipal Office municipality with extended

powers shall suspend the contribution also to the period of time during which the person

health care is provided in the form of institutional care in a hospital or

vocational therapeutic Institute, if not to the date of adoption of the person in this

the device carried out a social investigation. ".



28. in section 29, paragraph 1 reads:



"(1) Municipal Office municipality with extended powers checks whether



and was used to) the benefit of providing assistance,



b) assistance is provided to another person or a natural person

referred to in section 83, or social service provider that is written

in the register of providers of social services in accordance with § 85 para. 1, or

a special in-patient medical facility hospice type ^ 7a),



c) assistance is provided to the person who was mentioned in the application for

the post reported, as appropriate, pursuant to § 21 para. 1 (b). (d)) or section 21

paragraph. 2 (a). (c)),



(d)) the way of assistance and its range corresponds to that given by the degree of

dependence and whether it is focused on the acts based on the result of the assessment

degree of dependence by the Office work is not the person able to handle,



e) in the case where assistance is provided by the person or by another

by a natural person referred to in section 83, is the person eligible disabled; for

medically qualified person to provide assistance, the person shall be considered as

which is itself entitled, unless medical opinion

the attending physician shall demonstrate that it is able to provide such assistance,



(f)) was a social service provider contract for

the provision of social services,



29. in section 29 para. 2 the first sentence, after the words "with extended powers"

the words "and employees of the County inclusion in the Regional Office for

the purpose of the appeal proceedings ".



30. in section 29 para. 2, the second sentence is replaced by the phrase "the employees of the municipality

inclusion in the local authority of municipality with extended competence and the staff

the County inclusion in the regional office are obliged to demonstrate with particular

permission issued by the municipal authority municipality with extended powers, or

the regional authority, which provides an indication of the municipal authority of the

extended powers or regional office, the photograph of the employee

his name or names, and last names. ".



31. in section 29 shall be inserted after paragraph 2 of the new paragraphs 3 to 5 shall be added:



"(3) The procedure for the inspection referred to in paragraph 1 shall not apply the law on

State control ^ 34).



(4) on the outcome of the checks referred to in paragraph 1 shall be the local authority of a

extended powers in the file record that contains, in particular, a description of the

the established facts, indicating the shortcomings and indicate the provisions of the

the legislation, which have been violated. A record of the result of checks

shall be signed by the persons who carried out the inspection. The record must be

controlled familiar.



(5) if the municipal office municipality with extended powers in controlling

referred to in paragraph 1, the serious flaws in the social services provided by the

or if it establishes that the social services are provided without permission to

the provision of § 78 para. 1, shall forthwith in writing

to inform the Regional Office of the competent pursuant to § 78 para. 2. ".



Paragraphs 3 and 4 shall be renumbered paragraphs 6 and 7.



32. In section 29 para. 7, after the words "employees of the municipality", the words "and

region ".



33. § 36 including the footnotes # 19 and 20 read as follows:



"§ 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. 1 (b). c) to (f)), by special legislation ^ 19).

Nursing and rehabilitative care is provided to those persons

primarily by the staff of the establishments referred to in the previous

sentence who have the professional ability for the medical profession

under special legislation ^ 20).



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

devices, 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 amending

certain related laws (the law on the paramedical

occupations), as amended. ".



Footnote 21 is deleted.



34. In § 41 para. 2 (b)) shall be deleted.



Subparagraph (c)) to e) shall become letters (b)) to (d)).



35. In § 41 para. 2 (a). (d)), the word "enforcement" is replaced by

' implementation '.



36. In § 48 para. 4 the first sentence, after the words "constitutional education"

the words "or interim measures" and the second sentence shall be replaced by the phrase



"For the performance of institutional care or a provisional measure in the homes for the

persons with disabilities shall apply, having regard to the specific needs of

people with disabilities apply the provisions of the law on the execution of

institutional care or protective care in school facilities 24) on ^ ^



and the rights and obligations of children) that are located on school facilities for

the performance of institutional care,



(b) the Director of the law of such a device) to allow the child to stay out of the device,

to disable or discontinue visiting the persons responsible for the education or other

people in the facility, to be present at the opening of the letter or parcel

the consignment, from a child to take a child into temporary custody of valuables,

cash or items of threatening the education, health or

the child's safety, allow children over the age of 15 to travel to space

stay without supervision and to be represented by a child in common matters,



c) responsibilities of the Director of such equipment to familiarize the child with its rights and

obligations, give rise to the cancellation to the competent court of institutional care,

goes away if the reasons for regulation, submit a complaint to the Court to extend the

institutional care, if required by the interests of the child, provide information about the

child's legal representatives, and social and legal protection of children

their request to discuss in advance the measures essential to

the legal representatives of the child, there is a risk of delay, inform the

about the upcoming release of the child from the device the appropriate municipal office

the municipalities with extended competence, to dismiss a child under 15 years of age only

accompanied by persons responsible for the education,



d) entitlement to and the amount of pocket money. ".



Footnote # 24:



"24) section 20, § 23 para. 1 (b). and, e)) to (h)), and l), § 24 para. 1 (b). 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 care in school facilities and on

educational care in school facilities and amending other laws, in

as amended. ".



37. In § 54 para. 1 the words "off road, or out-patient service"

shall be replaced by "outreach services, where appropriate, supplemented by out-patient form

the service ".



38. In § 54 para. 1 the words "adverse social situations" are replaced by

the words "adverse health condition".



39. In § 71 para. 3 the words "husband (wife), parents or children

persons "shall be replaced by" a person close to the person "after the word" provided "

with the words ", where appropriate, with any other natural person or legal

person, "and the words" this person "is replaced by" a person who is

social service is provided ".



40. In § 73 para. 1, point (e)) repealed.



Subparagraph (f)) is renumbered as paragraph (e)).



41. In § 73 para. 3 the second sentence, the words "(b) to (f)))" is replaced by "b)

to (e)) ".



42. In paragraph 73, the following paragraph 5 is added:



"(5) a person, that are provided by the social services referred to in paragraph 1 and

that would cover the costs for accommodation and food is not 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 determining 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. '.



43. In section 74, paragraph 2, including footnote No. 28b:



"(2) if the child is placed in a home for people with disabilities

on the basis of a court decision on the regulation of institutional care or preliminary

measures shall determine the remuneration for the Board and for the care of the local authority decision

municipalities with extended competence competent according to the place of permanent or

the reporting of the child. Parents are involved in equal, to cover the remuneration

the work, unless otherwise specified. The payment is at the request of the person who

referred to in paragraph 1 is liable to pay compensation, where appropriate, on the initiative of the device

the social services referred to in paragraph 1, provided that, if the evidence

that the person or the person concerned together with her receiving the benefits

According to the law on assistance in material need ^ 28a). The payment is at the request of the person,

that is according to paragraph 1 shall be obliged to pay compensation, where appropriate, on the initiative of

social services referred to in paragraph 1, also provides

or, if that person proves that, after payment of the remuneration would be

her income or her income and the income of persons assessed together with her

fall below the sum of the minimum subsistence income under the law on living and

the subsistence minimum ^ 27) and the amounts of the normative housing costs by

special legal regulation ^ 28b).



28B) § 26 para. 1 and section 28 (a). c) of Act No. 117/1995 Coll., on State

social assistance, as amended. ".



44. In section 75 para. 1, the letter i) the following point (j)), which read as follows:



"j) services in protected housing (section 51)."



45. In § 79 paragraph 2. 5 (b). d) point 1 shall read:



' 1. the name and location of the device or location, or to the place of supply

social services, where appropriate, the request for non-disclosure of the place

the device, in the case of social services provided in the asylum House or

residential social services provided at the intervention centre or in the

equipment for emergency assistance, ".



46. In § 79 paragraph 2. 5 (b). (d)) at the end of the text of point 3, the words ",

where applicable, their age or type of disability ".



47. In § 79 paragraph 2. 5 (b). d) point 8 is added:



"8. the plan for financial security, social services,".



48. In § 79 paragraph 2. 5 in point (d)) the following point 10 is added:



"10. starting to provide social services,".



49. In § 79 paragraph 2. 5 (b). (g)), after the word "services" the words

"referred to in § 34 paragraph 1. 1 (b). (c) to (f))) ".



50. in § 79 paragraph 6 is added:



"(6) Registering authority may decide that the evidence which the applicant

attaches to the authorisation referred to in paragraph 5 and § 80, also may be made in

electronic form in the format, which will announce the registering authority shall, if

It is not prescribed specific legislation. ".



51. In article 81 paragraph 1. 2 (a). (b)), the words "or instead of" shall be replaced by

"or place or places."



52. In section 81 at the end of paragraph 2, the period is replaced by a comma and the following

subparagraph (f)), which read as follows:



"(f)) for starting the provision of social services.".



53. In § 82 para. 1 at the end of the text of the first sentence, the words ", with the

the exception of the details referred to in § 79 paragraph 2. 5 (b). d) point 8, which changes the

not report ".



54. In § 82 para. 1, the second sentence shall be deleted.



55. cancelled



56. In paragraph 82, the following new paragraph 3, paragraphs 4 and 5 are added:



"(4) the time limit referred to in paragraph 3 (b). (d)) is true even in the case when

social service provider requests a change in the registration of

their only some of the social services referred to in the decision

registration.



(5) the marketing authorisation ceases to be valid if the supplier

social services nezapočne to provide social services within 6

months of the decision on the registration ".



The current paragraph 4 shall become paragraph 6.



57. in paragraph 82, the following new section 82a, which reads as follows:



' paragraph 82a



(1) Registering authority shall check compliance with the conditions laid down for the

registration with the providers of social services, which issued the decision on

registration. This check procedure is governed by the State

control ^ 34).



(2) Registering authority is authorised to impose social providers

services, measures to eliminate the deficiencies identified during this inspection.

Social services provider is obliged to comply with the measures imposed

in the time limit set by the authorising authority.



(3) For the purposes of checks of the registration conditions shall apply mutatis mutandis to the provisions of

§ 79 paragraph 2. 3 the fourth and fifth sentences. ".



58. In paragraph 85 at the end of paragraph 1, the following sentence "the local jurisdiction

the regional office is governed by § 78 para. 2, unless stipulated

otherwise. ".



59. In article 85, the following paragraphs 5 and 6 are added:



"(5) the register in electronic form also contains data from which

monitor the capacity, security, and cost of each

social services. Provider of social services, which is written in the

the registry is obliged to communicate these data to the regional office referred to in

paragraph 1, on a form prescribed by the Department, within 30.

June for the previous calendar year. The competent regional authority checks

the accuracy 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 101 and 104 on the individual

social services. The following data to the registry writes, the Ministry

30 April of the relevant financial year. ".



60. In paragraph 85 the following paragraph 6 is added:



"(6) the register in electronic form also includes information about the amount of

provided subsidies for the calendar year under Section 101a of paragraph 1. 2 and §

104 on the various social services. The following data to the registry writes in

the case § 101a para. 2 Regional Office competent according to the place of supply

social services and in the case of section 104, the Ministry, and that up to 30. April

of the financial year. ".



61. In article 87, paragraph 2 reads as follows:



"(2) the register shall be public list in the section that contains the information referred to

in § 79 paragraph 2. 5 (b). a) to (d)) and section 85 paragraph. 5 and 6 and

the result of the inspection, without giving details 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

the intervention centre or facility for emergency aid, if this

the request filed in the request for registration; the following information exposes

Ministry in electronic form in a manner allowing remote

access. ".



62. In paragraph 88, at the end of the text of the letter j), the words "or preliminary

the measures ".



63. In paragraph 88, at the end of subparagraph (j)) dot replaced with a comma and the following

the letter k), which read as follows:



"to) inform the municipal office municipality with extended

powers referred to in section 92 (a). and termination of residence)

social care services to a person who may, without further assistance and support

find themselves in a situation of threatening her life and health, if this person with

such notification agrees. ".



64. In article 89, paragraph 3 shall be deleted.



Paragraphs 4 to 7 shall become paragraphs 3 to 6.



65. In § 89 paragraph 1. 3 the second sentence, the words "on the basis of a physician's surgery can be

use drugs "are replaced by the words" on the basis of the doctor's Office called in

the doctor and his presence may submit the medicinal products ".



66. In paragraph 89, at the end of the text of paragraph 5, the words ", or

a natural person, that person, that are provided by social services, with the

its prior agreement specifies ".



67. In § 89 paragraph 1. 6 at the end of the text of the letter b), the words "and the kind of

This measure ".



68. In § 89 paragraph 1. 6 letter e) is added:



"e) administration of the medicinal product as a measure restricting movement of persons".



69. In § 89 paragraph 1. 6 at the end of the text of the letter g), the words "before the

using a measure restricting the movement of persons, a description of the progress of the situation in

the use of this measure and its evaluation and description of the immediately

the following situations ".



70. in § 89 paragraph 1. 6 (a). (h)), the words "in paragraph 6 shall be replaced by in

paragraph 5 ".



71. In § 89 paragraph 1. 6 for the letter i) the following point (j)), which read as follows:



"j) description of how the information of the person referred to in paragraph 2,".



72. In § 89 paragraph 1. 6 the final part of the text after the word "evidence"

the words "a person that has applied measures restricting the movements of

people, a natural person, that the person with the prior consent of the determined, "and

After the word "doctor" with the words "the members of the inspection team at the

carrying out an inspection to provide social services. "



73. In paragraph 89, the following paragraph 7 is added:



"(7) the provider of social services, which during a calendar

half used the measures restricting the movement of persons, is obliged in writing

tell the registrujícímu authority within 15 days after the end of

calendar half-year the number of people, for which these measures have been applied,

and the frequency of their use, in accordance with these measures. "



74. In section 91 paragraph 2. 1 at the end of the text of the first sentence, the words "shall be added; This

the Treaty has in the case of the provision of social services to the child on


the basis of the Court's decision on the regulation of institutional care or preliminary

the measures ".



75. In section 91 paragraph 2. 1 the second sentence, after "number" is the number 64, "67".



76. In section 91 paragraph 2. 1 third sentence, "56.0" the number "60,

60A, ".



77. In section 91 paragraph 2. 3 at the end of the text of subparagraph (a)), the words ", and it

even with regard to the delimitation of the categories of persons in the register of providers of social

services ".



78. In section 91 paragraph 2. 3 (b). (b)), the word "or" is deleted.



79. In paragraph 91, the period at the end of paragraph 3 is replaced by a comma and the following

the word "or", and the letter d), which read as follows:



"(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 for violations of the obligations arising from

Treaty. ".



80. in section 91 paragraph 2. 6, after the word "that", the words "according to medical

the opinion of the treating physician. "



81. cancelled



82. In paragraph 94 is at the end of subparagraph (d)) dot replaced with a comma and the following

the letter e), which reads as follows:



"e) cooperates with the region in the preparation and implementation of the medium-term plan

the development of social services; 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, about how to meet those needs through

social services and their available resources. ".



83. In paragraph 95 of the text at the end of subparagraph (d)), the words "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 village notified pursuant to § 94

(a). (e)) and to the information referred to in the registry under § 85 para. 5. "



84. In paragraph 95 (a). e), the words "with the participation of", the words "representatives of the

municipalities ".



85. In § 97 para. 1 at the end of the text of subparagraph (a)) the following words ";

the local jurisdiction of the regional office shall be governed by § 78 para. 2. "



86. In § 97 para. 2 (a)) shall be deleted.



Subparagraph (b)), and (c)) shall become letters and) and (b)).



87. In paragraph 98 of paragraph 1. 3 at the end of the text of the first sentence, the words ",

in the case of inspection of residential social services, and at least 2 members in

other cases ".



88. In paragraph 98, the following paragraph 7 and 8 are added:



"(7) the provider of social services is required to enable members

the inspection team to inquire about people, which provides social services,

on matters relating 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 social service provider advised of

the possibility to refuse the interview and gave consent to the interview; This consent

is recorded in the record of the interview, which is made by the Member

the inspection team.



(8) the regional office and the Ministry are authorized to store providers

social services measures to correct the deficiencies identified in the

inspection. Social services provider is obliged to fulfill the stored

measures within the time limit set by the regional authority or Ministry and lodge

a written report on their implementation, if it's regional office or

the Ministry may request. After submitting a written report on the measures taken and

their performance can be done a follow-up inspection to which the provisions of the

paragraph 2 does not apply. ".



89. In paragraph 100, at the end of the text of paragraph 2, the words "or

the provision of social services acts as volunteers ".



90. in § 101 paragraph. 8, the words "30. June 2009 ' is replaced by ' 31.

December 2011 ".



91. In Section 101a para. 3 the letter b) the following point (c)), which

added:



"(c)) for a list of providers of social services, with an indication of the social

services to which the subsidy required in accordance with section 95 (b). g),“.



Letter c) is renumbered as paragraph (d)).



92. In Article 101a shall at the end of paragraph 4, the following sentence "the grant is assigned

divided into subsidies on social care services and the subsidy for services

social prevention and advice. ".



93. In paragraph 106, paragraph 2, the following paragraph 3 is added:



"(3) a person nearby or other natural person referred to in section 83 that

provide assistance to the beneficiary, is guilty of an offence by

reports of the death of beneficiaries within the time limit laid down in § 21a para. 2. ".



The former paragraph 3 shall become paragraph 4.



94. In paragraph 106, at the end of the text of paragraph 4, the words "and for the offense

pursuant to paragraph 3, a fine up to CZK 20,000. "



95. In article 107 paragraph 1. 2 (a). e), the words "§ 89 paragraph 1. 1 to 4 "shall be replaced by

the words "§ 89 paragraph 1. 1 to 3 ".



96. In section 107 para. 2 (a). f), the words "§ 89 paragraph 1. 6, or "are replaced by

the words "§ 89 paragraph 1. 5, ".



97. In § 107 para. 2 (a). g), the words "§ 89 paragraph 1. 7. "shall be replaced by

"§ 89 paragraph 1. 6. "



98. In section 107 at the end of paragraph 2, the following points (h)) up to), which

shall be added:



"(h)) does not report the death of a person who provide assistance, within the time limit

provided for in § 21a para. 2,



(I) fails to comply with a time limit) to submit a request for deregistration under section 82 para.

3 (b). (d)) or para. 4,



j) fails to comply with the obligation of notification according to § 88 (a). k),



to) has not sent within the time limit the information provided in the prescribed form

According to § 85 para. 5,



l) do not communicate information within the period prescribed under § 89 paragraph 1. 7,



m) fails to comply with the time limit set by the Ministry of the regional authority or

measures to correct the deficiencies identified during the inspection or the absence of the

a written report of their performance under section 98 para. 8,



n) fail to comply with the time limit set the authorising authority measures for the

Elimination of deficiencies found during the inspection of the registration conditions

According to § 82 para. 2,



about) provides for the provision of social services a higher remuneration than the maximum

the level of remuneration laid down in the implementing regulation, or ".



99. In paragraph 107, paragraph 3, the following paragraph 4 is added:



"(4) a medical device that provides social services pursuant to section 52,

and special bed medical facility Hospice of commits

the administrative offense by not reporting the death of a person who

provide assistance, within the time limit laid down in § 21a para. 2. ".



The current paragraph 4 shall become paragraph 5.



100. In paragraph 107 para. 5 (b). (b)), the words "and g)" shall be replaced by ", g) and

(h)) and paragraph 4 ".



101. In § 107 para. 5 (b). (c)), after the words "in accordance with" the words

"paragraph 2 (a). I) to o) and ".



102. In § 108 paragraph. 4, after the word "scope", the words "municipal

Office of the municipality with extended powers, ".



103. In section 108, paragraph 6 shall be deleted.



104. In paragraph 110 of paragraph 1. 4 (b). (b)), the words "or master" are replaced by

the words ", master or doctoral" and after the words "social welfare"

the words "social pathology, right".



105. In paragraph 110 of paragraph 1. 4 (b). (d)), the words "31. December 1996.0 "shall be replaced by

the words "31. December 1998. ".



106. In paragraph 110 of paragraph 1. 4, point e) repealed.



107. In § 111 paragraph 1 reads:



"(1) the employer is obliged to secure social workers more

education in the range of at least 24 hours for the calendar year to which the

restores, strengthens and complements qualifications. ".



108. the footnote # 43:



"43) § 230 of the labour code".



109. In the eighth with title III, including title and footnotes.

44 is deleted.



110. In paragraph 115 paragraph. 1 letter e) is added:



"e) and matrimonial family counsellors and other professionals who directly

provide social services. ".



111. In paragraph 116 of paragraph 1. 1 (b). (b)), the words "and the implementation of personal assistance"

shall be deleted.



112. In paragraph 116 of paragraph 1. 1 at the end of the text of subparagraph (c)), the words "and

implementation of personal assistance ".



113. In article 116 paragraph 1. 5 (b). ) to c) part of the sentence after the semicolon, the word

"with GCSE ' shall be deleted.



114. In paragraph 116, the following paragraph 9 is added:



(9) the employer is obliged to secure personnel in social

continuing education 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). Further education takes place forms

referred to in § 111 paragraph. 3. ".



115. section 116a:



"section 116a



(1) the competence of the matrimonial and family counselor is

University degree obtained in a proper finish, single-subject

Psychology master's program or a high school humanities

the focus at the same time with the passing of postgraduate medical training in the 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 (b). (e)) is a college education. ".



116. As part of the ninth the following part ten, including title and

footnotes # 47a-47e:



"PART TEN



ACCREDITATION OF EDUCATIONAL ESTABLISHMENTS AND THE ACCREDITATION OF EDUCATIONAL PROGRAMS



section 117a



(1) the Ministry shall decide on the accreditation of training institutes and

accreditation of educational programmes (hereinafter referred to as "accreditation") for the purposes of

provision of educational courses pursuant to § 110 paragraph 2. 4 (b). (c)), and (d)), and


qualification courses in accordance with § 116 paragraph. 5, further training of social

workers and workers in the social services, education, leadership

workers of employees referred to in section 115 paragraph. 1 and for the purpose of training

support to natural persons who provide assistance to the beneficiaries.



(2) a written application for accreditation shall be submitted to the Ministry on a form

prescribed by the Department.



(3) an application for accreditation of an educational establishment, in addition to requirements

administration of ^ 47a), contains



and) permission to educational activities, according to a special legal

prescription ^ 47b)



(b) an overview of existing activities) of the applicant for accreditation.



(4) an application for the accreditation of the training programme, in addition to requirements

administration of ^ 47a), contains



and) the information referred to in paragraph 3,



(b)), the name, kind, form, content, and time range of the training program,

that the applicant intends to carry out,



c) evidence of the material and technical security training

the program,



(d)) list of individuals that will be involved in education, and

evidence of their professional competence, or the certificate of recognition of professional

qualifications,



e) form of the certificate of completion of the educational programme with an indication of

institution identification data, 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.



(5) the request under paragraphs 3 and 4 shall be accompanied by proof of payment of the

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 application for withdrawal

accreditation.



(2) the members of the Accreditation Commission, appointed and recalled by the Minister of labour and

Social Affairs.



(3) the composition of the Accreditation Commission, a course of action, internal organisation and

the reasons for the dismissal of a member of the Statute and the rules of procedure, that

issued by the Ministry.



(4) the participation of a member of the Accreditation Commission is any other act in the General

^ 47d interest), which belongs to the members of this Commission to the reimbursement of travel expenses,

reimbursement of accommodation and compensation for increased food expenditure in

the amount and under the conditions stipulated by special legislation ^ 47e);

the provider of these substitutions is a Ministry. Members of the Accreditation Commission

may be compensated by the Ministry.



§ 117 c



(1) on the basis of assessment of the facts referred to in the application for accreditation

processes Accreditation Commission opinion on the applications for accreditation, which in

a 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) the Ministry shall take into consideration in determining the opinion of the accreditation

of the Commission.



(4) accreditation is granted for a period of 4 years.



(5) the Accreditation is not transferable and is transferred to a legal successor.



§ 117d



(1) the Ministry controls the activity of accredited educational

the device in the implementation of accredited programs.



(2) the Ministry shall decide on the withdrawal of accreditation, if



and non-compliance with the training program),



b) accredited educational facility does not meet the conditions under which it

was granted accreditation.



(3) in accordance with § 117 c of paragraph 1. 1 to 3 shall proceed even in the case of deciding on the

withdrawal of accreditation.



(4) the Accreditation expires on the date of delivery of the written notification of an accredited

the educational facilities of their activities to the Ministry, where appropriate, the date on

that is specified in the written notification.



§ 117e



(1) an accredited educational establishment keeps records of certificates issued.



(2) the Ministry published in electronic form in a manner allowing

the remote access list of accredited educational institutions with their

educational programs, the period for which accreditation has been granted, and

a list of training establishments for accreditation withdrawn.



47A) § 37 para. 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) § 157 to 160, 162 and 163 of the labour code ".



Re-letter the former part is referred to as the tenth part of the eleventh.



117. In section 119 paragraph 1. 2 the words "§ 29 para. 4 "shall be replaced by the words" § 29

paragraph. 7. "



Article. (II)



Transitional provisions



1. Legal proceedings instituted and finally the unfinished before the effective date of this

Act shall be completed according to the existing legislation.



2. the persons referred to in the Declaration made in accordance with § 21 para. 2 (a). (c))

Act No. 108/2006 Coll., on social services, in the version in force 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 in force from the effective date

This law, belongs to the care allowance last per month

preceding the effective date of this Act. To withdraw the contribution to care

from the effective date of this Act, the competent municipal office municipality with

extended powers of decision.



3.



cancelled



4.



cancelled



5. the provider of social services fulfils the obligation referred to in the

§ 85 para. 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

the employee that the effective date of this Act, the activity

a social worker, is graduating from accredited training courses

in the areas referred to in article 110 paragraph 2. 4 (b). a) and b) of Act No. 108/2006

Coll., on social services, in the version in force from the effective date of this

the law, to the extent of at least 200 hours, on condition that he received before the date of

the effectiveness of this law at least 10 years of experience in the performance of activities

a social worker and graduated from before that date retraining course

focusing on the activity of the social worker accredited by the Ministry of

education, youth and sports; This employee is obliged to

complete accredited training courses in the specified range to 31.

December 2013.



7. Completion of an accredited qualifying course for workers in the

social services in accordance with § 116 paragraph. 5 of Act No. 108/2006 Coll., on

social services, in the version in force 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

exercise of the activity 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 version in force

from the effective date of this Act, shall be deemed to be fulfilled for the employee

born before 1 January 2002. in January 1957, if the effective date of this Act,

activity, which are covered by qualifying the presumption referred to

in § 110 paragraph 2. 4 (b). e) of Act No. 108/2006 Coll., on social services,

in the version in force prior to the effective date of this Act.



PART TWO



Amendment of the Act on administrative fees



Article. (III)



Act No 634/2004 Coll., on administrative fees, as amended by Act No.

217/2005 Coll., Act No. 228/2005 Coll., Act No. 361/2005 Coll., Act No.

361/2005 Coll., Act No 444/2005 Coll., Act No. 545/2005 Coll., Act No.

553/2005 Coll., Act No. 48/2006 Coll., Act No. 56/2006 Coll., Act No.

57/2006 Coll., Act No. 81/2006 Coll., Act No. 109/2006 Coll., Act No.

112/2006 Coll., Act No. 130/2006 Coll., Act No. 137/2006 Coll., Act No.

137/2006 Coll., Act No. 159/2006 Coll., Act No. 179/2006 Coll., Act No.

186/2006 Coll., Act No 215/2006 Coll., Act No. 227/2006 Coll., Act No.

227/2006 Coll., Act No. 235/2006 Coll., Act No. 309/2006 Coll., Act No.

575/2006 Coll., Act No. 106/2007 Coll., Act No. 261/2007 Coll., Act No.

269/2007 Coll., Act No. 374/2007 Coll., Act No. 379/2007 Coll., Act No.

38/2008 Coll., Act No. 130/2008 Coll., Act No. 140/2008 Coll., Act No.

182/2008 Coll., Act No. 189/2008 Coll., Act No. 230/2008 Coll., Act No.

239/2008 Coll., Act No. 254/2008 Coll., Act No. 297/2008 Coll., Act No.

297/2008 Coll., Act No. 301/2008 Coll., Act No. 309/2008 Coll., Act No.

312/2008 Coll., Act No. 382/2008 Coll., Act No. 9/2009 Coll. and Act No.

41/2009 Coll., is amended as follows:



1. In section 8 paragraph 1. 2 at the end of the text of subparagraph (a)) the following words "and with the

excluding the charge for the acceptance of the application for accreditation of an educational establishment

and requests for accreditation of the training programme under the legislation on

social services ".



2. in annex V, part I, item 22 in the following letter l) and (m)), which

including footnote # 26b shall be added:



"l) receipt of the application for accreditation of an educational establishment under the law on

social services ^ 26b) EUR 1 000



m) receipt of a request for accreditation of the training program under the law on

social services ^ 26b) EUR 1 000



26B) section 117a of the law No. 108/2006 Coll., on social services, as amended by

Act No. 207/2009 Coll. ".



PART THREE




Amendment of the Act on assistance in material need



Article. (IV)



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. and act

No 41/2009 Coll., is amended as follows:



1. In article 3, paragraph 3. 1 points (g) and (h))) shall be deleted.



Letters i) and (j)) shall become points (g) and (h)).)



2. In article 3, paragraph 3. 3 the words "(a). h) to (j)) "shall be replaced by" subparagraph (a). (g)), and

(h)) ".



PART FOUR



Amendment of the Act on the public budget stabilization



Article. In



In the article. LXXXI, point 1 of the Act No. 261/2007 Coll., on public

budgets, letter d) is added:



"(d)) article. XXVIII point 36, which shall take effect on 1 January 2000. July 2009, and

article. XXVIII points 39 and 50, which will become effective on 1 January 2004. January 2012, ".



PART FIVE



The EFFECTIVENESS of the



Article. (VI)



This Act shall take effect on the first day of the calendar month

following the date of its publication, with the exception of the provisions



and) article. I, section 90 and article. In, which will become effective on the date of its publication,



(b)) article. I, points 60, 91 and 92, which will become effective on 1 January 2004. January 2014.



Vaidya in the r.



Klaus r.



Fischer v. r.