Law Amending The Daycare Act (Flexible Lunch System In Day Care Centres, Etc.) Reprinted Definitive Series

Original Language Title: Lov om ændring af dagtilbudsloven(Fleksibel frokostordning i daginstitutioner m.v.) Omtryk

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=132413

Law amending the daycare Act

(Flexible lunch system in day care centres, etc.)

WE, MARGRETHE the SECOND, by the grace of God Queen of Denmark, do indeed:

The Danish Parliament has adopted and we know Our consent confirmed the following law:

§ 1

In Act No. 501 of 6. June 2007 on the day-, leisure-and Club deals, etc. for children and adolescents (Daycare Act), as amended by Act No. 1148 of 3. December 2008, § 142 of law No. 1336 of 19. December 2008 and § 1 of lov nr. 1098 by 30. November 2009, is amended as follows: 1. In article 15, paragraph 1, the following is inserted as a 2. item:

» Parents Board of Directors of municipal and self-governing daycare under section 19 (2) and (3) may decide to opt out of a healthy lunch meal under section 16 (a), paragraph 1, of the basic regulation. However, section 16 (b), paragraphs 2, 4 and 8. '

2. Under section 16 shall be added: ' Lunch in preschools



section 16 (a). All children in municipal day care centres and private non-profit institutions and under section 19 must have a healthy lunch meal every weekday, see. However, (3) and (4) and section 16 (b), paragraphs 1-3.

(2). The Municipal Council may decide that a healthy lunch meal is included as part of the performance of municipal and self-governing daycare daycare under section 19 (2) and (3) for all children in the same age group.

(3). The Municipal Council decides upon application by a child's parents, a child may be exempted from a healthy lunch meal in accordance with paragraph 1, if the child has a physician documented allergies or other disease, which require a special diet, and the municipality is not properly can give the child a healthy lunch meal in pre-school.

(4). The Municipal Council may decide that the children in municipal and self-governing daycare under section 19 (2) and (3), which mainly uses the forest area or similar natural areas as the basis for the child's stay in a day-care institution, not to be covered by a healthy lunch meal in accordance with paragraph 1.

section 16 b. Parents Board of Directors of municipal and self-governing daycare under section 19 (2) and (3) may decide to opt out of a healthy lunch meal under section 16 (a), paragraph 1, of the basic regulation. However, paragraphs 2, 4 and 8.

(2). In municipal and self-governing daycare under section 19, paragraphs 2 and 3, which consists of multiple devices, a simple majority of parents with children in the unit may decide to opt out of a healthy lunch meal under section 16 (a), paragraph 1. Parents have one vote for each child they have in the device.

(3). Parents with children in private institutions under section 19, paragraph 4, may decide to opt out of a healthy lunch meal under section 16 (a), paragraph 1. The decision after 1. paragraph shall be taken by a simple majority of parents who have children in that private institution. Parents have one vote for each child they have in private institution. Parents with children in private institutions under section 19, paragraph 4, shall at least every two years and not more than once a year, have the opportunity to opt-out of a healthy lunch meal. Lunch meal must cease, within six months after the parents ' decision to opt out is received by the private institution. Parents with children in private institution is responsible to inform private institution on the resolution after 1. PT Private institution shall establish and publish guidelines for parents opting out of lunch meal under section 16 (a), paragraph 1, including the length of the period for parents opting out of a healthy lunch meal and time limits and procedures for the dissemination of their parents ' decision to opt for private institution.

(4). If the local authority under section 16 (a), paragraph 2, has decided that a healthy lunch meal is included as part of the performance of municipal and self-governing daycare daycare under section 19 (2) and (3) for all children in the same age group, parents can not take decisions in accordance with paragraphs 1 and 2.

(5). The Municipal Council must at least every two years and not more than once a year, give the opportunity to opt-out in accordance with paragraphs 1 and 2 of a healthy lunch meal under section 16 (a), paragraph 1. Lunch meal must cease, within six months after the parents ' decision about the opt-out has been received by the Municipal Council. Parents Board of directors or the parents in each unit is responsible for informing the local authority about the parents ' decision to opt out of a healthy lunch meal.

(6). The Municipal Council must prior to the parental Board of directors or the parents in each entity's decision pursuant to paragraphs 1 and 2 shall inform parents or parents in the Board of Directors of each unit of the municipality's expected rate for a healthy lunch meal, see. section 32 (a), paragraph 3.

(7). The Municipal Council shall establish and publish guidelines for parental opt-out, see. section 16 (b), paragraphs 1, 2, 5 and 6, of a healthy lunch meal under section 16 (a), paragraph 1, including the length of the period of parental opt-outs and deadlines and procedures for the dissemination of their parents ' decision to opt for the Municipal Council.

(8). The Municipal Council may decide that the parents or parents in the Board of Directors of each unit in municipal and self-governing daycare under section 19 (2) and (3) cannot opt out of a healthy lunch meal under section 16 (a), paragraph 1, if it is judged that a healthy lunch meal of both social and health reasons is particularly required for the children in the daycare center or unit concerned. The Municipal Board's decision after 1. paragraph shall apply for the period, the Municipal Council pursuant to paragraph 7 have laid down for parents or parents in the Board of Directors of each unit the opportunity opt out. '

3. section 17 with its heading shall be replaced by the following: ' the Parents arranged the lunch and meals



§ 17. Parents Board of Directors in a day care center or the parents in each unit in municipal or non-profit daycare under section 19 (2) and (3), pursuant to section 16 (b), paragraphs 1 and 2, have opted out of a healthy lunch meal or not covered by a healthy lunch meal, see. section 16 (a), paragraph 4, may decide to set up the parents arranged the lunch system.

(2). The Municipal Council must set a maximum amount for the parent's payment to the parents arranged the lunch arrangements in accordance with paragraph 1.

(3). Parents Board of directors or the parents in each unit in municipal or non-profit daycare under section 19 (2) and (3), may decide to set up the parents arranged meal program for the food, which do not constitute the lunch meal.

(4). The Municipal Council may provide a framework for the parents arranged the lunch and meals in accordance with paragraphs 1 and 3. Parents Board of directors or the parents in each unit in municipal and self-governing daycare under section 19 (2) and (3), decides within any framework, the Municipal Council has set out how schemes should be organised.

(5). The Municipal Council may, at the request of parents or the parents in each unit of the Board of Directors may decide to recruit kitchen staff to the parents arranged the lunch-or arrangements referred to in paragraphs 1 and 3. Municipal spending for administration of the employment relationship.

(6). Parents with children in a private institution under section 19, paragraph 4, under section 16 (b), paragraph 3, has opted out of a healthy lunch meal, may decide to set up the parents arranged the lunch system. Parents with children in a private institution can also decide to create a parents arranged meal program for the food, which do not constitute the lunch meal. Private institution may provide a framework for the parents arranged the lunch and meals. Parents with children in private institution decides within private institution any set framework, how the arrangements have to be organised. Each of the parents with children in private institution decides whether they will use the parents arranged the lunch or meal plan after 1. and 2. PT.

(7). Each of the parents with children in a municipal or non-profit day care under section 19, paragraphs 2 and 3, decide whether they want to take the parents arranged the lunch or meal plan in accordance with paragraphs 1 and 3. Parents who use the parents arranged the lunch or meal plan, pays the cost of the schemes referred to in article 6. However, paragraph 9, including administration of the schemes and the possible relation to the kitchen staff, see. (5). The cost of lunch and meals in accordance with paragraphs 1 and 3 are stated exclusive of real estate expenses, including rent and maintenance.

(8). The Municipal Council can offer to manage the parents arranged the lunch and meals in accordance with paragraphs 1, 3 and 6. The parents pay the Municipal Board's administrative expenditure after 1. paragraphs, see. However, paragraph 5.

(9). When the Municipal Council has decided to provide financial clearance around grants, subsidies or social pedagogic clearance clearance treatment grants under section 43 (1) (8). 2-4, the Municipal Council also provide parents with children in day care centers pursuant to section 19, paragraphs 2 to 4, which has chosen to be with in a parents arranged lunch arrangement in accordance with paragraph 1 or 6, an economic clearance around grants, subsidies or social pedagogic clearance clearance treatment subsidy for the parents arranged the lunch meal in accordance with paragraph 1 or 6. The Municipal Council must manage and organise the cost of administration in respect of the award of a grant.

Paragraph 10. The Municipal Council may decide to give a financial reimbursement to reduce parents ' payment for parents organised arrangements in accordance with paragraph 3 and 6. When the Municipal Council has decided to give a financial reimbursement to reduce parents ' payment, see. 1. paragraph, shall grant to each of the parents is given taking into account the concerned parents ' financial circumstances. The Municipal Council must manage and organise the cost of administration in respect of the award of the grant.

Paragraph 11. The Minister of Social Affairs shall lay down rules on clearance supplements to parents arranged the lunch arrangements. '


4. Article 25, paragraph 1, is replaced by the following:

» Municipal Council must by non-compliance with care warranty with effect from 1 January. in the following month to raise the grant under section 32 (1), and section 33, paragraph 1, to a minimum of 78 per cent of all children in day-care facilities in the municipality, until care warranty again met and the Municipal Council has established new reimbursement rates and egenbetalings shares. '

5. section 31 (2) and (3) are repealed and replaced by: ' (2). Grants and co-payment is determined on the basis of dagtilbuddenes adopted budgets. '

6. section 32 shall be replaced by the following: ' § 32. Grants under section 31, paragraph 1, to parents with children in municipal and self-governing daycare under section 19 (2) and (3) shall constitute at least 75 per cent and not more than 25 per cent of parents ' co-payment the budgeted gross operating costs determined in accordance with paragraph 2.

(2). When shooting in municipal and self-governing daycare under section 19, paragraphs 2 and 3 shall be determined Municipal Board's grants and parental co-payment as specified in paragraph 1 on the basis of the budgeted gross operating costs for the stay in day care centers, see. paragraph 5, excluding expenses for a healthy lunch meal under section 16 (a), paragraph 1, and real estate expenses, including rent and maintenance.

(3). Take Municipal Council decision, that a healthy lunch meal is included as part of daycare service, see. section 16 (a), paragraph 2, must be at least 75 percent of the Board of Directors municipal subsidies. and parental co-payment maximum 25 percent of the budgeted gross operating costs, including costs for a healthy lunch meal.

(4). When shooting in municipal and self-governing daycare under section 19 (2) and (3), where a healthy lunch meal is included as part of daycare service, see. section 16 (a), paragraph 2, establishes Municipal Board's grants and parental co-payment as specified in paragraph 3, based on the budgeted gross operating costs for the stay in day care centers, see. paragraph 5, including the cost of a healthy lunch meal and exclusive real estate expenses, including rent and maintenance.

(5). When shooting in a municipal or non-profit day care under section 19 (2) and (3) of the Board of Directors municipal grants and parental co-payment shall be calculated in accordance with paragraphs 2 and 4, based on the budgeted gross operating costs for the individual child care centre, or on the basis of the average budgeted gross operating costs for day-care institutions of the same type in the municipality. '

7. Under section 32 shall be added: ' section 32 (a). In municipal and self-governing daycare under section 19, paragraphs 2 and 3, with a healthy lunch meal under section 16 (a), paragraph 1, shall be borne by the parents the cost of lunch meal.

(2). The Municipal Council may decide to give a grant to reduce parents ' payment in accordance with paragraph 1.

(3). When shooting in municipal and self-governing daycare under section 19, paragraphs 2 and 3, with a healthy lunch meal parents ' payment shall be determined in accordance with paragraph 1 and the Municipal Board of Directors any subsidy referred to in paragraph 2, based on the budgeted gross operating costs for a healthy lunch meal under section 16 (a), paragraph 1, exclusive real estate expenses, including rent and maintenance.

(4). When shooting in municipal or non-profit daycare under section 19, paragraphs 2 and 3, with a healthy lunch meal parents ' payment shall be calculated in accordance with paragraph 1 and the Municipal Board of Directors any subsidy referred to in paragraph 2, based on the budgeted gross operating costs for a healthy lunch meal under section 16 (a), paragraph 1, for each day-care institution or on the basis of the average budgeted gross operating costs for a healthy lunch meal for the day care centres of the same type in the municipality.

(5). Parents ' payment in accordance with paragraph 1 and the Municipal Board of Directors any reimbursement under paragraph 2 shall be determined on the basis of Municipal Board's adopted budget for a healthy lunch meal.

(6). There is no payment in accordance with paragraph 1 in the case of children who are subject to section 16 (a), paragraph 2-4. '

8. section 33 shall be replaced by the following: ' § 33. Grants under section 31, paragraph 1, to parents with children in municipal day care under section 21, paragraph 2, must be at least 75% and not more than 25 per cent of parents ' co-payment the budgeted gross operating costs, exclusive real estate expenses, including rent and maintenance.

(2). When shooting in municipal day care under section 21, paragraph 2, of the Board of Directors municipal grants and parental co-payment shall be calculated in accordance with paragraph 1 on the basis of the average budgeted gross operating costs for the municipal day care. '

9. In section 36 shall be inserted as paragraph 3-5: ' (3). If the Municipal Council provides grants under section 32 (a), paragraph 2, to a healthy lunch meal under section 16 (a), paragraph 1, should also give a municipal subsidy per child, which is recorded in a private institution, when there is a healthy lunch meal under section 16 (a), paragraph 1, in a private institution.

(4). The financial contribution referred to in paragraph 3 shall be equal to the grants under section 32 (a), paragraph 2, as the Municipal Council give per child who receives a healthy lunch meal under section 16 (a), paragraph 1, for the age group to which the child belongs.

(5). The financial contribution referred to in paragraph 3 shall be used to reduce parents ' payment to a healthy lunch meal under section 16 (a) (1). ';

10. In section 41 shall be inserted after paragraph 3 as new pieces: ' (4). If the Municipal Council provides grants under section 32 (a), paragraph 2, to a healthy lunch meal under section 16 (a), paragraph 1, the Municipal Council in the municipality of residence also provide a subsidy per child, which is recorded in a day care center in a different municipality, when there is a healthy lunch meal under section 16 (a), paragraph 1, in pre-school in the other municipality.

(5). The grant, in accordance with paragraph 4 shall be equal to the grants under section 32 (a), paragraph 2, as the Municipal Council give per child who receives a healthy lunch meal under section 16 (a), paragraph 1, for the age group to which the child belongs.

(6). The grant, in accordance with paragraph 4 shall be used to reduce parents ' payment to a healthy lunch meal under section 16 (a) (1). ';

Paragraphs 4 and 5 become paragraphs 7 and 8.

11. In section 43 shall be added as paragraph 2: ' (2). When the Municipal Council has decided to provide a sibling grants, financial clearance around grants, subsidies or social pedagogic clearance clearance treatment grants under section 43 (1) (8). 1-4, to the reduction of parental co-payment for a place in a day care center, the local authority also give those parents with children in day care centres, where there is a healthy lunch meal under section 16 (a) (1) a sibling grants, financial clearance supplements treatment clearance supplements or social pedagogic clearance supplements for a healthy lunch meal under section 16 (a) (1). ';

12. In section 83 (3) and (4) shall be inserted: ' (3). If the Municipal Council provides grants under section 32 (a), paragraph 2, to a healthy lunch meal under section 16 (a), paragraph 1, should also give a municipal subsidy per child who is admitted to an institution like private care system when there is a lunch meal in the scheme.

(4). The financial contribution referred to in paragraph 3 shall be equal to the grants under section 32 (a), paragraph 2, as the Municipal Council give per child who receives a healthy lunch meal under section 16 (a), paragraph 1, for the age group to which the child belongs. '

§ 2

In Act No. 1148 of 3. December 2008 amending the law on day-, leisure-and Club deals, etc. for children and adolescents (Daycare Act). (Lunch meal in day care centres, etc.), as amended by section 2 of Act No. 1098 by 30. November 2009, is amended as follows: 1. section 1, nr. 2-7, are hereby repealed.

§ 3

In Act No. 1098 by 30. November 2009 amending the Act on day-, leisure-and Club deals, etc. for children and young people. (Deferment of the date of entry into force of the scheme on the lunch meal in day care centres, etc.), shall be amended as follows: 1. section 1 is repealed.

2. § 2, nr. 1, is repealed.

§ 4 paragraph 1. The law shall enter into force on the 1. January 2011, see. However, paragraphs 2 to 6.

(2). sections 2 and 3 of this article shall enter into force on the day after publication in the Official Gazette.

(3). Notwithstanding section 16 (a), paragraph 1, of the law on the day-, leisure-and Club deals, etc. for children and adolescents (Daycare Act) as amended by this Act, section 1, no. 2, children in day care centers only have a healthy lunch meal in the period from the 1. January 2011 to the 31. July 2011 or part of the period, if the Municipal Council so decides. The Municipal Board's decision after 1. point can be taken one or more municipal and self-governing daycare under section 19 (2) and (3) of the law on the day-, leisure-and Club deals, etc. for children and adolescents (Daycare Act) or for specific age groups in such nurseries. The Municipal Council may decide after 1. and 2. point from the 15. June 2010.

(4). If the Municipal Council for the period from 1 July 2001. January 2011 to the 31. July 2011 or part of the period shall take a decision pursuant to paragraph 3 and a healthy lunch meal is introduced for all children in preschools in the same age group, all children in that age group in private institutions under section 19, paragraph 4, of the law on the day-, leisure-and Club deals, etc. for children and adolescents (Daycare Act) in the period also have a healthy lunch meal.


(5). The Municipal Council has from the 15. June 2010 responsibility for parents with children in a day-care institution pursuant to section 19, paragraphs 2 to 4, of the law on the day-, leisure-and Club deals, etc. for children and adolescents (Daycare Act), no later than 31 December. December 2010 according to the rules laid down in section 16 (b), paragraphs 1 and 2, paragraph 3, 1.-4. and 6. paragraph (5), 1. and (3). paragraph and paragraph 6 of the law on day-, leisure-and Club deals, etc. for children and adolescents (Daycare Act) as amended by this Act, section 1, no. 2, are given the opportunity to make the decision to opt out of the healthy lunch meal, as the local authority may take a decision under paragraph 3, and a healthy lunch meal under section 16 (a), paragraph 1, of the law on the day-, leisure-and Club deals, etc. for children and adolescents (Daycare Act) as amended by this Act, section 1, no. 2. The Municipal Council shall establish and publish guidelines as referred to in section 16 (b), paragraph 7, of the law on the day-, leisure-and Club deals, etc. for children and adolescents (Daycare Act) as amended by this Act, section 1, no. 2, for the parents ' decision after 1. PT Private institutions under section 19, paragraph 4, of the law on the day-, leisure-and Club deals, etc. for children and adolescents (Daycare Act) shall establish and publish guidelines as referred to in section 16 (b), paragraph 3, of the law on the day-, leisure-and Club deals, etc. for children and adolescents (Daycare Act) as amended by this Act, section 1, no. 2, for the parents ' decision after 1. point guidelines set out under 2. and (3). section shall remain in force after 1 July. January 2011 until the local authority or private institution lays down new guidelines under section 16 (b), (3) and (7) of the law on the day, recreational, and Club deals, etc. for children and adolescents (Daycare Act) as amended by this Act, section 1, no. 2. the provisions of paragraph 6. In municipal and self-governing daycare under section 19 (2) and (3) of the law on the day-, leisure-and Club deals, etc. for children and adolescents (Daycare Act), which prior to the 31. December 2010 is introduced a healthy lunch meal according to the rules in section 4, paragraph 1, of the lov nr. 1098 by 30. November 2009 amending the Act on day-, leisure-and Club deals, etc. for children and adolescents, where the scheme will run until 31 December 2006. December 2010, and where the parents shall decide in accordance with paragraph 5 to opt out of a healthy lunch meal, can the local authority regardless of the parents ' decision in these day care centres for the period from 1 July 2001. January 2011 to 30 June. June 2011, take a decision in accordance with paragraph 3 to the effect that all children in day-care centers must have a healthy lunch meal.

(7). Parents Board of Directors and the private institution's decisions made pursuant to section 17 (2) and (5) of law No. 501 of 6. June 2007 on the day-, leisure-and Club deals, etc. for children and adolescents (Daycare Act) to create a parents paid meal plan applies, unless the parents Board or private institution decides otherwise, after 1. January 2011 in the same manner as a decision made under section 17, paragraph 1, 3 and 6 of the law on day-, leisure-and Club deals, etc. for children and adolescents (Daycare Act) as amended by this Act, section 1, no. 3. In preschools with a healthy lunch meal in accordance with paragraph 3, parents paid arrangements established in accordance with the rules in section 17 of Act No. 501 of 6. June 2007 on the day-, leisure-and Club deals, etc. for children and adolescents (Daycare Act), however, only be continued after 1. point for the food, which do not constitute the lunch meal.

(8). Decisions taken pursuant to article 4, paragraph 4, of law No. 1098 by 30. November 2009 concerning the law amending the law on the day-, leisure-and Club deals, etc. for children and young people that a child may be exempted from a healthy lunch meal, applies after the 1. January 2011 in the same manner as a decision made under section 16 (a), paragraph 3, of the law on the day-, leisure-and Club deals, etc. for children and adolescents (Daycare Act) as amended by this Act, section 1, no. 2. Given at Amalienborg, the 11. June 2010 Under Our Royal hand and Seal MARGRETHE r./Beni Kiær