Inatsisartutlov Nr. 1 Of 21. November 2013 Of The Use Of Force In The Social Field

Original Language Title: Inatsisartutlov nr. 1 af 21. november 2013 om magtanvendelse inden for det sociale område

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Inatsisartutlov nr. 1 of 21. November 2013 of the use of force within the social sphere Changed, abolishes principal Act, replaces information Change, the Greenland Home Rule Government Decree No. 64 of 29. December 1994 on residential institutions, etc. for children and young people, as well as for persons with extensive disabilities title I General provisions Chapter 1 preliminary provisions

Use of power

§ 1.  The use of force must never replace the care and social pedagogical aid and must be restricted to what is absolutely necessary and proportionate to it, shall be sought.



It included persons

§ 2.  Titles I and II include children under the age of 18 who are placed in residential institutions.

§ 3.  Titles I and III include adults from 18 years, with significant and lasting reduced psychological functioning which receive publicly launched personal and practical help, as well as social pedagogical aid, treatment and care, or activating deals with further and which does not agree to a measure according to §§ 32-36. It is a prerequisite to the existence of the necessary technical documentation for the reduced mental functioning.

 

Section II Children Chapter 2 use of force

Generally, § 4.  Physical punishment of children is not allowed. Fixation is not allowed. By fixation means the use of coercive means in the form of mechanical belt, hand straps, foot straps, or life-thick, as well as any other form of Mechanical clamping. Humiliating, taunting or other degrading mental treatment is not permitted.

§ 5.  Physical force in the form of the child maintained, or transferred to another living room is permitted if: 1) the child engages in such conduct, to continue to stay in the common room is indefensible, or 2) the child thereby prevented from harming themselves or others.
(2).  The use of force in accordance with paragraph 1 must be tailored to the characteristics of each situation and must not go beyond what is strictly necessary.



The use of force on unsecured residential institutions for children

§ 6.  On residential institutions for children, there could be physical force under section 5.
(2).  There will not be secured on residential institutions for children also could be locking the outer doors of the institution at night 24 hours a day and, exceptionally, for short periods during the day.
(3).  For a child placed in a secured residential institutions will not be able to be the use of force in the form of examination of the child's person or living room, see. § 8.
(4).  For a child placed in an unsecured residential institutions will also be able to be the use of force in the form of control with letters, telephone calls and other communications referred to in article 6. § 13.
(5).  A child placed in an unsecured residential institutions will also be able to be kept back, for up to 14 days, in a period of adaptation, under the same conditions as referred to in section 15 inatsisartutlovens.



The use of force on secured residential institutions

§ 7.  On secured residential institutions for children, there could be physical force under section 5.
(2).  For a child placed in a secured residential institutions will be able to be intervention in the form of examination of the child's person or living room, see. section 8 and section 9.
(3).  For a child placed in a secured residential institutions will also be able to be intervention in the form of control with letters, telephone calls and other communications referred to in article 6. section 13 and section 14.

Chapter 3 Study of a child's personal and accommodation

General

§ 8.  On residential institutions, including secured residential space can the site manager or the entitled thereto, decide to carry out an investigation of the child's person or rest areas, if there are specific reasons, see. § 10, to assume that the child is in possession of the effects to which possession causes the code of conduct provisions cannot be complied with, or that security concerns cannot be observed.
(2).  An investigation in accordance with paragraph 1 may only be carried out if the purpose of the study is proportional to the violation and the discomfort that the investigation is likely to cause the child. It is a prerequisite for the study that other less restrictive means have been tried, and that these have proved insufficient to achieve the intended objectives of the study. The child should be encouraged to drop off any effects.
(3).  Inspection must be carried out as gently as circumstances permit. The study must thus be carried out in such a way that the child's experience of being violated is reduced as much as possible.
(4).  In a study of a child's personality or living room is made, the child has the right to be informed of the reason why the study be undertaken, unless special circumstances militate against this.
(5).  There must always be at least 2 employees in the investigation of the child's person or living room. If special circumstances make it necessary, the investigation may be carried out by a single employee. There must be no other children present during the investigation of the child's person or living room.
(6).  The institution's head or the entitled thereto, may provide for the detention of the effects found in the child's possession, if deemed required by the code of conduct-or safety considerations.
(7).  If items belonging to a child detained, the accommodation should draw up a list of the objects that are being held. The child must be informed of the detention and be given a copy of the list.
(8).  If an object belongs to the space, it can immediately be involved.

§ 9.  A secured residential institutions can also examine what effects a child who is placed in the institution, have in his possession in his living room, if such an examination is necessary in order to ensure that the provisions of order or security reasons observed: 1) when the child or the young person is placed in a secured residential institutions, 2) before and after the visit, and 3) before and after an absence from the insured residential institutions.



Study of personal and residential spaces with specific reasons

§ 10.  Certain reasons under section 8, paragraph 1, may be that the child works under the influence of drugs or alcohol, the absence of sharp objects in the institution's kitchen or workshop, or that of the institution's staff, incidentally, made observations that make the nearby for the institution's leader, or the entitled thereto to assume that the child is in possession of the effects contrary to the rules of procedure or that may constitute a danger to the child himself or others.



Particularly on the study of the living room

§ 11.  If a study of child's living room involves a review of the child objects in the living area, should the child have offer to attend the investigation or subsequent immediately have reviewed the study and its results, unless special circumstances militate against this. The offer of the review of the study may be given in writing at the same time, with an orientation that the investigation has taken place.
(2).  With living room believed in this inatsisartutlov room, cupboards or other spaces, like the child has at its disposal. With items, e.g. beds, chests of drawers, storage boxes, handbags and bags in the living room.



Particularly on the study of personal

§ 12.  Through examination of the child's person meant intervention, where there is no intrusion into the human body or any real beføling of the body. There must only be carried out on the vehicle and without examination of the flap pockets and shoes. The institution's staff may, however, require that the child takes its outerwear, hat and shoes.
(2).  Study of what effects the child has in his possession on his person, must be carried out only in exceptional cases and the presence of persons of the other sex than the child.

 

Chapter 4 monitoring of an exchange of letters, telephone conversations and other communications

General provisions

§ 13.  On residential institutions and secured residential institutions for children living in the municipality Municipal Council can decide that without a court order, may be control with letters, telephone calls and other communications with specified persons outside the institution for a certain period of time, if it is necessary for the child's well-being and development, see. However, paragraphs 2 to 6.
(2).  Opening of incoming and outgoing letters may take place only with the consent of and in the presence of the child. Control of telephone conversations in the form of head playback may take place only with the consent of the child. If head playback takes place, the person with whom the telephone conversation transmitted, be made aware of this.
(3).  Would the child not that an incoming mail is opened, can this unopened returned to the sender with explanatory accompanying letter. Would the child not that outgoing mail is opened, destroyed the letter.
(4).  Would the child not to head playback by an incoming phone call, the phone conversation is interrupted with an explanation to the person who phoned up. wishes the child not to head playback by an outgoing telephone call, the conversation is not.
(5).  Paragraphs 1 to 4 shall not apply, however, letters and other correspondence to and from public authorities and to and from any lawyer or child's assessor.
(6).  Paragraphs 1 to 5 shall not apply to police control of visits, correspondence, telephone conversations and other communications referred to in article 6. section 14, if the control is a part of police measures in accordance with the provisions of the code of civil procedure for Greenland.



Particularly on the control of correspondence, telephone conversations and other communications on secured residential institutions

§ 14.  For children, who according to the rules of Procedure for Greenland § 361 is placed in secured residential institutions instead of detention, the provisions of the code of Civil Procedure Act § 379, § 380 and section 381, on visits and letters, etc. by analogy.

(2).  The child has the right to the uncontrolled exchange of correspondence with and visits by municipal boards of the child's residence and home communes, Naalakkersuisut as well as other public authorities and with members of Inatsisartut.
(3).  The child is also entitled to the uncontrolled exchange of correspondence with and visits by the Court, the Prosecutor's Office, the police, Ombudsman, Inatsisartuts stabiblity, the European Court of human rights, the European Committee for the prevention of torture, Meeqqat Inuusuttullu Oqaloqatigiinnittarfiat and child's children's assessor.
(4).  A foreign child are also entitled to the uncontrolled exchange of letters with the home country's diplomatic or consular agents, unless the police out of consideration for detention purposes opposes it because of exceptional circumstances. If the police have provided mail control after code of Greenland § 380, sent letters through the police.
(5).  The police may, for reasons to oppose the purposes of detention, that a child in detention surrogate leads phone calls or other communications, or make telephone calls and other communications of that conversation over heard, see. However, paragraphs 2 to 4.
(6).  The child must be informed of the police's decision pursuant to paragraph 5 and may ask the Court for a decision submitted to.

Chapter 5 of adaptation period of 14 days after placing § 15.  The Municipal Council in residence the municipality may decide that the children not secured on residential institutions, can be detained for up to 14 days after placement in a residential institution concerned or the place of residence, when: 1) it shall be deemed to be essential to meet a child's special needs for support, and 2) it is considered to be crucial for the socio-educational treatment.
(2).  The Municipal Council decides on the number of days the child must be restrained within the first 14 days.
(3).  The child's views must always be included and added to the appropriate weight in accordance with age and maturity.
(4).  The child can only be detained by applying physical force in the form of the child are maintained in order to prevent this from leaving the space.
(5).  The use of force in accordance with this provision shall be adapted to the characteristics of each situation, must not go beyond what is strictly necessary and must be proportionate to what is sought with the detention.

 

Chapter 6 personal alarm-or pejlesysytemer for children with impaired mental functioning

§ 16.  The Municipal Council in the municipality of residence can request from a residential institutions in exceptional cases decide on for a limited period, to apply personal alarm Locator systems or to children who are placed in residential institutions or at the place of residence, and who have significantly and permanently reduced psychological functioning, when: 1) there is a risk that the child by leaving 24-institution exposes himself or others to suffer personal injury , 2) the personal alarm-or the bearing system can help to avert this risk and 3) custody holder has consented to the application of the personal alarm-or the bearing system. By joint custody must be consent from both custody holders.
(2).  The assessment of whether the conditions for the implementation in accordance with paragraph 1 are met, the Municipal Council to ensure that there are: 1) the necessary technical documentation of the person's reduced functional ability, 2) examination of the pedagogical methods that have been tried used prior to the recommendation on the introduction of the measure, including how methods have proved insufficient to achieve the purpose, and 3) examination of What pedagogical methods in parallel with the measure will be used to try to make the child able to move outside the space on their own.
(3).  The assessment of whether the conditions for the implementation in accordance with paragraph 1 are met, the Municipal Council also ensure whether the child's views are accorded appropriate weight in accordance with his/her age and maturity.

§ 17.  The measure referred to in article 6. § 16, can be initiated for a maximum period of four months at a time. The period is determined on the basis of a specific assessment in each individual case. The measure shall cease, if the conditions laid down in order to take a decision on the application of the measure is no longer present.

§ 18.  Access to decide on the use of a personal alarm or the bearing system under section 16 does not include equipment which is suitable for continuously to monitor the baby's movements.

Chapter 7 recording and reporting

General provisions

§ 19.  Any use of force must be recorded and reported by the institution to the municipal councils in the 24-hour residence the municipality and home municipality and to the Minister and to each child's potential child's assessor.    

(2).  Naalakkersuisut shall complete the reporting forms in accordance with this law. Residential institutions have a duty to use these.



Allowed physical use of force

§ 20.  By physical force under section 5, including legitimate self-defence and necessity after kriminallovens Chapter 2, on residential institutions including secured residential institutions, 24-the institution's Manager or his representative within 24 hours to record the following information on a reporting form drawn up for this purpose: 1) the child's name and age, 2) time of surgery, 3) success of the duration, 4) success of the species and 5) justification for the procedure.
(2).  The child, who has been involved in the incident that triggered the power application, must be made aware of the form flow and have the opportunity to accompany this with his own account of the episode. The child must have the offer of support to the drafting of its comments to the alert by an assessor, a security person or a caregiver employed at the institution, which has not been involved in the incident.
(3).  Reporting form shall be provided on a 24-hour institution in a particular intended Protocol.
(4).  24-the institution's head or his deputy shall, within 3 days, send a copy of the reporting form with his comments to the residence municipality, the municipality, the Minister and the child's home any child's assessor.



Registration by examination of person and rest room

§ 21.  Through examination of the child's person or living room in residential institutions, including secured residential institutions, see. Chapter 3, the institution's head or his Deputy within 24 hours to record the following information: 1) the child's name and age, 2) time of study, 3) the study duration, 4) study art, 5) the persons who performed the study, 6) the specific reasons that have given rise to carry out the study, whether and what effects that were found, and 7) in investigations under section 8 that accounted for the specific reasons that have given rise to the investigation is required.
(2).  The child, who has been examined his person or his living room, must be made aware of the alert and have the opportunity to accompany it with his own account of the investigation. The child must have the offer of support to the drafting of its comments to the alert by an assessor, a security person or a caregiver employed at the institution, which has not been involved in the incident.
(3).  The reporting form must be in the institution in a particular intended Protocol.
(4).  The institution head shall, within 3 days, send a copy of the reporting form with his comments to the residence municipality, the municipality, the Minister and the child's home any child's assessor.



Not permitted the use of force

§ 22.  Violation of the rules in § § 4-18, cf. (2) are recorded and reported promptly to the residence municipality, home municipality and the Minister.
(2).  The employee should be involved in the cases referred to in paragraph 1, no later than the day after the episode give written notification thereof to the 24-hour head of the institution, who along with his comments and explanations from people who have seen the episode before 3 days forwards the alert to the residence municipality, home municipality and the Minister. The notification shall contain the following information: 1) the child's name and age, 2) timing of the Act giving rise to the interference, 3) the time of the surgery, 4) the duration, 5) description of the species, 6) description of the purpose, 7) who carried out the surgery, 8) the child's condition during the time that the surgery took place, and 9) the specific circumstances which gave rise to the procedure.
(3).  The child, who has been involved in the incident that triggered the power application, must be made aware of the alert and have the opportunity to accompany this with his own account of the episode. The child must have the offer of support to the drafting of its comments to the alert by an assessor, a security person or a caregiver employed at the institution, which has not been involved in the incident.
(4).  If there are reasonable grounds to suspect an offence is subject to a public reprimand, 24-the institution's head or his deputy shall immediately send notification to this effect to the residence municipality, home municipality and the Minister. The Minister must make contact with the police.
(5).  Another employee who witnessed the incident, and not the day after which is asked for information to the alert shall be obliged to inform his explanation to the 24-hour head of the institution or his delegate.

(6).  Another employee, who incidentally get reasoned knowledge about the incident, also has a duty to communicate 24 hours a day the institution's leader, or his Deputy, on this knowledge.
(7).  24-the institution's Manager or his delegate must simultaneously with its transmission to the residence municipality, municipality, Naalakkersuisut and the child's home any child's assessor, provide copy of this to the employee concerned and shall inform the custodial parent about the alert.
(8).  If the implicated officer is available 24 hours a day the institution's leader, must be sent directly to the residence municipality, reporting home municipality and the Minister. The employee, there are residential institutions by the leader's Deputy, giving in this case 24-institution Manager copy of its reporting. The Minister must then make sure that the custodial parent will receive orientation on the alert.
(9).  Naalakkersuisut shall take a decision on the operational implications of reporting the matter within six weeks after reporting the case is received. The residence municipality, home municipality and the custodial parent must be informed about any operational consequences.

Chapter 8 Of supervision, right of appeal, penalties, etc.

§ 23.  The Minister oversees the application of the rules laid down in title II.
(2).  The Minister has a duty to monitor, analyze, and respond to alerts, see magtanvendelses. Chapter 7.

§ 24.  Complaints concerning violations of the provisions of title II shall be referred to the Municipal Council in the municipality of residence.

§ 25.  Prior to the decision of an appeal would ask the Municipal Council in the municipality of residence Naalakkersuisut for an opinion. With the request are submitted a statement by the employee who has knowledge of the facts complained of. If there is a registration in accordance with article 20, paragraph 1, article 21, paragraph 1, or section 22, paragraph 1, must be accompanied by a printout of form registration statement.
(2).  24-the institution's head, or his delegate, shall, in addition, carry out a study as soon as possible, which includes conversation with the child, the employees who have knowledge of the facts complained of and possible witnesses to the incident. To be issued report about those conversations, and the report are submitted with the leader's attitude to the Municipal Council in the municipality of residence, with the information referred to in paragraph 1.

section 26.  Appeals from decisions of the Municipal Council in the municipality of residence pursuant to the rules laid down in title II, may be brought before The Social Appeals Board within four weeks after receipt of the decision.

§ 27.  24-the institution head must ensure that both placed the children as the custodial parent will be made aware of the rules in this section, including the right to complain to, respectively, the Municipal Council in the municipality of residence and The Social Appeals Board, see. sections 24 and 26.

section 28.  There must also be under the direction of the right to make representations to the supervision, set up in accordance with the basic law, section 71, paragraph 7, relating to persons subject to administrative detention.

section 29.  This inatsisartutlov shall be given to all employees in all residential institutions subject to this law. The employee must sign across from the institution's Manager for 24-hour reception.

Title III Adults



Chapter 9 scope

General

section 30.  Prior to any use of force and other interventions in the right to self-determination must be residence the municipality carry out what is possible in order to obtain the person's voluntary participation in a necessary measure.

(2).  The use of force must be proportionate to what is sought. Is less intrusive measures sufficient, these must be used.
(3).  The use of force must be exercised as gently and briefly as possible and with the greatest possible account of the concerned bystanders, so as to not cause undue violation or disadvantage. Humiliating, taunting or other degrading treatment is not permitted.
(4).  Intervention after this section requires an individual assessment of the success of professional propriety and necessity as well as his or her State of health. 



Personal alarm and Locator systems as well as special door openers

section 31.  The Municipal Council in residence the municipality may decide that the leader of a bo-or day care or the employees of the Manager is hereby authorised for such purpose may use personal alarm Locator systems or for a person in a limited period, when 1) there is a risk that the person about to leave bo-or dagtilbuddet expose themselves or others to suffer personal injury, and 2) conditions in each case makes it necessary in order to avert this risk.
(2).  Access to take a decision on the provisional application of the personal alarm-or the bearing systems in accordance with paragraph 1, include only equipment that is suitable to detect that a person leaves the dwelling or to track down someone who has left the home. Access to take a decision on the provisional application of the personal alarm-or the bearing systems in accordance with paragraph 1, does not include equipment suited to continuously monitor a person's movements.
(3).  For individuals, where the reduced functional ability, is a consequence of an acquired mental impairment, there is progressive, can use of personal alarm and Locator systems implemented, unless he/she is opposed to this. If the person is opposed to the use of a personal alarm or mirrors system, can the local authority decide on the application of this regulation. (1). The decision after 2. point can be done an unlimited period of time. A measure shall, however, cease, if the substantive conditions to decide whether a measure is no longer present.
(4).  The Municipal Council may decide that the leader of a bo-or day care or the employees, hence the Manager is hereby authorised thereto may apply special door openers at the outer doors of one or more persons in a defined period when 1) there is nearby a risk that one or more people by leaving bo-or dagtilbuddet expose themselves or others to suffer significant injury and 2) conditions in each case makes it absolutely required to avert this risk and 3) Act other opportunities in vain has been used.
(5).  Special door openers after paragraph 4, includes double lever handle, double-tap for doorway and the like. This measure may not have the character of a proper locking mechanism, but may only have a delaying effect in relation to the free movement of the person concerned, so that the staff's attention is drawn to the fact that the question goes out.
(6).  If measures in accordance with paragraph 4, shall be implemented, must be in the interests of the residents ' freedom of movement set up a door alarm, which will ensure that residents who are unable to operate the special door opener, get the necessary help to do so. Residents who are covered by the measure in accordance with paragraph 4, will thus alone could be detained if the provision in § 34 shall apply at the same time.



Retention, etc.

section 32.  Physical force in the form of maintaining a person or transferring this to are other accommodations are permitted when: 1) there is a nearby risk that person exposes themselves or others to suffer significant injury, and 2) conditions in each case makes it absolutely required.
(2).  The use of force in accordance with paragraph 1 must be tailored to the characteristics of each situation and must not go beyond what is strictly necessary.
(3).  The use of force, as acute may be necessary, will be covered by the Kriminallov of Green country's rules on self-defense and necessity, without prejudice. kriminallovens Chapter 2.

section 33.  The Municipal Council in the municipality of residence may, exceptionally, for a limited period, decide that the leader of a bo-or day care or the employees of the Manager is hereby authorised for such purpose may use physical force in the form of maintaining a person, if this is deemed absolutely necessary in order to carry out his or her care, in personal hygiene-situations. It must also be examined to ensure that the use of force in personal hygiene situations in the future can be avoided.
(2).  Physical power in accordance with paragraph 1, could be authorized in the following situations: 1) Dental Hygiene brushing.

2) Shaving.

3) hair washing, bathing and tøjskift.

4) Clipping of hair and nails.

5) Replacement of diapers and volume.

6) Care of skin.

7) removal of food particles in the cheek pouch and the oral cavity.
(3).  It must be made clear in the Municipal Board's decision, what specific hygiene conditions, the decision relates.
(4).  Who do not use assistive devices for the insistence, and there must be proportionality between the nature of the maintenance carried out, and it shall be sought by the maintenance.
(5).  Physical power after this provision could be permitted for a period of up to 3 months. The Municipal Council will be able to extend the period that may not exceed 6 months, since other methods to promote hygiene conditions to be developed in parallel with that, see. (1), (2). paragraph (6).  If the considerably and permanently reduced mental functioning of a person in respect of whom a decision has been taken previously in accordance with paragraph 1, shall be further reduced, there will again be a decision on the authorisation of physical power in the form of retention in the hygiene situations for a period of up to 3 months with possibility of extension for up to 6 months.



Detention in the dwelling


§ 34.  Under the same conditions as in section 31, paragraph 4, town councillor in the municipality of residence can decide that the leader of a bo-or day care or the employees of the Manager is hereby authorised for such purpose may use physical force in the form of maintaining a person in order to prevent this from leaving the dwelling or to bring this back to the dwelling.
(2).  The local authority must decide on the period for detention in the home can be used, and must continuously assess whether a less intrusive measure can be applied.



Application of fabric straps

section 35.  The Municipal Council in residence the municipality may decide that the leader of a bo-or day care or the employees of the Manager is hereby authorised thereto may apply clamping with fabric straps for wheelchair or other auxiliary means, bed, Chair or toilet to prevent falls when there is obvious risk that a person exposes himself to suffer significant injury, and the circumstances in each case makes it absolutely required.
(2).  The local authority must decide on the period for which the protection products covered by paragraph 1, may be used, and must continuously assess whether a less intrusive measure can be applied.



Recording in residential housing without consent

§ 36.  The Municipal Council in the municipality of residence can, see. § 42, set to Naalakkersuisoq for the Family to decide that a person who is opposed to the relocation or lacks the ability to give informed consent thereto, in accordance with article 3. However, paragraph 2, should be included in a particular housing provisions for the social legislation, when: 1) it is essential that the person in question can get the necessary help, and 2) the aid cannot be implemented in the person's existing housing and 3), the person concerned cannot foresee the consequences of his actions and 4) the question exposes himself to suffer substantial injury and 5) it is irresponsible not to arrange for relocation.
(2).  For people with significant and lasting reduced psychological functioning, which does not oppose the movement, but which lacks the ability to give informed consent to moving, and where the mental disability is a consequence of an acquired mental impairment, which is progressive, Councillor in the municipality of residence can take a decision on the inclusion of a particular housing provisions, if the Municipal Board's option be upheld by the guardian , the circuit court appointed, without prejudice. section 42, paragraph 4, when 1) stay in a residential accommodation is required, that the person concerned can get the necessary help, and 2) it in this particular case be assessed omsorgsmæssigt to be most appropriate for that.
(3).  The Municipal Council may in exceptional cases set to Naalakkersuisoq for Family, that decision is taken, to a person who is registered in a residential accommodation as referred to in paragraph 1, and which lacks the ability to give informed consent, can be moved to another equivalent dwelling where the care of the person can be undertaken, even if the conditions laid down in paragraph 1, no. 1-5 are not met, if deemed to be in the person's own interests, including the interests of the possibilities that the person in question can maintain ties to his relatives.
(4).  It must be included in the Municipal Board's assessment in accordance with paragraphs 1 and 2, if any spouse, partner or other relatives can no longer perform the necessary help and supervision with the party concerned.
(5).  The Municipal Board's decision pursuant to paragraph 2 could be appealed to The Social Appeals Board. Can the Municipal Board's recommendation cannot be accepted by the guardian, the circuit court appointed, without prejudice. section 42 (4) of the Municipal Council to set Naalakkersuisoq for the Family to decide on the admission or transfer to a specific housing provision in accordance with paragraph 2.



Regulation of visitor restrictions, etc.

section 37.  People who live in residential accommodation with associated personnel and common living areas, decide who will be visited by, see. However, section 38 (1) and § 39, paragraph 2.

section 38.  The Municipal Council in the municipality of residence for certain visitors can decide on the restriction of access to common living areas in the accommodation facilities referred to in section 37, if: 1) the visitor engaged in violence or threaten violence against other residents or staff or otherwise exhibit a behavior that is a danger to other residents or staff, 2) the visitor, without that there is physical violence , generate or engaged in harassment of other residents or staff, or 3) the visitor's behaviour is very troublesome for the other residents or staff by creating general insecurity about to live in public housing areas or degradation of the environment in public housing areas or by complicating the necessary help.
(2).  The Municipal Council shall by decision pursuant to paragraph 1 to ensure the visitor's access in the part of the dwelling, as the resident alone has sovereignty over.

§ 39.  The Municipal Council in the municipality of residence can not decide whether to restrict specific visitor's access in the part of the dwelling, as the resident alone has sovereignty over.
(2).  The Municipal Council may, however, decide that certain visitors who exhibit a behaviour towards staff as referred to in section 38 (1) (8). 1 and 2, must not be present in this part of the dwelling in the period during which supplied boarded help.

§ 40.  Decisions under section 38 (1) and § 39, paragraph 2, shall be taken at a meeting of the Municipal Council or of the Standing Committee of the municipality of residence the municipality. 
(2).  The Administration may, however, take provisional decisions under section 38 (1) and § 39, paragraph 2, which for the sake of the immediate needs cannot wait for the case to be dealt with in the Municipal Council or the Standing Committee referred to in article 6. (1).
(3).  A provisional decision in accordance with paragraph 2 shall, as soon as possible after the implementation of the decision shall be submitted for approval by the authority competent to take a decision in accordance with paragraph 1.
(4).  Decisions under section 38 and § 39, paragraph 2, shall in each case be limited to what is absolutely necessary. The extent and the temporal extent of usage restriction must be indicated in the decision. It is including a condition for deciding that less intrusive initiatives have been searched applied to the visitors.
(5).  Decision pursuant to section 38 and § 39, paragraph 2, applied to both the visitors as the resident.

 

Chapter 10 case handling, administration, etc.

The basis of Municipal Board's decisions

§ 41.  As a basis for the Municipal Board's decisions in accordance with § § 31, 33, 34 and 35 shall be: 1) the necessary technical documentation for the reduced functional ability, 2) information about the socio-educational help and care that have been initiated before the proposed decision on the implementation of the measures, 3) information about the anticipated period during which measures will be necessary, and 4) relatives and a trustee of comments on the proposed measures.



Naalakkersuisoq for family's decisions about inclusion in residential housing without consent

§ 42.  Naalakkersuisoq for the Family decides on admission in residential housing without consent pursuant to section 36 (1) and (3), upon the recommendation of the Municipal Council in the municipality of residence. The decision shall be taken within 2 weeks after receipt of Municipal Board's recommendation.
(2).  The setting must include a statement of: 1) the basis of the conditions set out in section 36 (1) and (3) shall be deemed to be fulfilled, 2) the necessary technical documentation for the reduced functional ability, 3) the help and care that have been initiated or have been offered to the person concerned or his family, before setting about recording in a special residential accommodation was decided, 4) the décor of the new housing and personal help , care and support, etc., which could be made available, and 5) that person as well as the dependants and, where appropriate, the guardian's comments on the move.
(3).  A spouse or other close person sharing housing with the person to whom the proceedings are entitled to complain about Municipal Board's refusal to nominate for inclusion in special residential facilities in accordance with this provision. The complaint may be brought before The Social Appeals Board.
(4).  The person concerned does not already have a guardian, the Municipal Council, when there is set to move, ask the circuit court to appoint a guardian in accordance with myndighedsloven.
(5).  The municipality may if necessary, request the assistance of the police to implement a decision on relocation.



Lawyer assistance

section 43.  The Municipal Council must ensure that the person in the course of the proceedings get assistance from a lawyer to pursue its interests in matters relating to: 1) detention in the dwelling, etc., under section 34 against the person's will, or 2) recording in residential accommodation pursuant to section 36 (1).
(2).  The local authority pays the costs of the lawyer who receives fees and reimbursement for the attachment, in accordance with the same rules that apply in cases where there have been granted legal aid, see. Chapter 21 of the code of civil procedure for Greenland.

§ 44.  The undertaken measures, can always choose his own lawyer.
(2).  The Municipal Council and Naalakkersuisoq of the Family must ensure that a lawyer, which is privately held no legal incapacity on account of the relationship between the client and the client's spouse, relatives and others.



Appeal to municipal board

§ 45.  Complaints concerning violations of the provisions of this section shall be referred to the Municipal Council in the municipality of residence.


§ 46.  Prior to the settlement of a complaint without prejudice. § 45, would ask the Municipal Council in residence the municipality bo-or dagtilbuddet about an option. Bo-or dagtilbuddets leader or his Deputy, then as soon as possible, conduct an investigation, which includes conversation with the person the complaint relates, the employees who have knowledge of the facts complained of and possible witnesses to the incident. To be issued report about those conversations, and the report are submitted with the leader's attitude to the Municipal Council in the municipality of residence. Any reporting forms see. section 53 (2) must be sent with the report and recommendation.

§ 47.  Appeals from decisions of the Municipal Council in the municipality of residence pursuant to § 45, can be brought before The Social Appeals Board.



Complaint to The Social Appeals Board

section 48.  Municipal Board's decisions in accordance with § § 31, 33, 34, 35, 36, 38, 39, paragraph 2 (2) and section 42, paragraph 3 can be brought before The Social Appeals Board within four weeks after receipt of the decision.
(2).  A spouse, a relative, a guardian or another representative of the person, as the measure concerns, may complain about the Municipal Board's decision, when the person to whom the decision relates, not even in a position to complain.

§ 49.  Naalakkersuisoq for family's decisions under section 42 for admission in certain residential facilities under section 36 (1) and (3), may be brought before The Social Appeals Board within four weeks after receipt of the decision.
(2).  It is the person to whom the decision relates, or the local authority, which can appeal against the decisions referred to in paragraph 1.
(3).  A spouse, a relative, a guardian or another representative of the person, as the measure concerns, can complain about Naalakkersuisoq for the family's decision, when the person to whom the decision relates, not even in a position to complain.
(4).  Complaint to The Social Appeals Board in accordance with paragraphs 1 to 3, have suspensory effect. If special circumstances so require, take Naalakkersuisoq for the Family while the decision pursuant to section 42, to recording, to be implemented immediately. The decision to remove a suspensory effect can not be brought before The Social Appeals Board.



Judicial review and oversight

§ 50.  The complainant may require The Social Security Appeals Tribunal decision presented to the Court in accordance with the rules of Procedure for Green country chapter 28, when The Social Security Appeals Tribunal decisions dealing with: 1) detention in the dwelling, etc., pursuant to section 34 or 2) inclusion in special residential accommodation pursuant to section 36.

§ 51.  Persons subject to measures under section 34 shall be informed of the right to make representations to the Parliamentary Committee in accordance with the basic law, section 71, paragraph 7, concerning the supervision of persons subject to administrative detention. This also applies if there is consented to this measure.



Reassessing, recording and reporting section 52.  In cases of measures undertaken in accordance with section 31, paragraph 1, section 31, paragraph 4, and section 34, reviewed the need for the continued use on an ongoing basis in the municipality, and not later than 8 months after the Municipal Board's decision regarding the implementation of the measure.
(2).  In matters relating to measures taken under section 35 shall be reviewed the need for the continued use on an ongoing basis, but not later than 18 months after the Municipal Board's decision on the measure recently.

§ 53.  Recording in residential facilities under section 36 and any kind of use of force, including the use of force in connection with the measures provided for in §§ 30-35, shall be recorded and reported by the botilbuddet to the Municipal Council in the municipality of residence and the Minister.
(2).  Recording and reporting in accordance with subparagraph (III), shall be carried out in special reporting forms prepared by Naalakkersuisut.

§ 54.  In cases where there is infringement of the rules, in cases where there is no decision on the continued use of force, or cases in which the action is carried out within the framework of self-defense or necessity to registration shall be carried out immediately and no later than the day following that on which the measure is put in place.
(2).  Registered measures pursuant to paragraph 1 shall be transmitted without delay and at the latest within 3 days to the Municipal Council in the municipality of residence and the Minister.

§ 55.  Registration of measures under section 31, paragraph 1, section 31, paragraph 3, 2. paragraph, section 31, paragraph 4, as well as §§ 32-35 must be carried out immediately and no later than the day after the surgery has taken place.
(2).  Registered measures pursuant to paragraph 1 shall be reported monthly to the residence the municipality and the Minister.

section 56.  Registration of the movement launched under section 36 shall be carried out no later than by the end of the month in which the transfer has started.
(2).  Registration of measures pursuant to paragraph 1 shall be transmitted quarterly to the residence the municipality and the Minister.

§ 57.  Registration according to § § 53-56 shall be carried out by the person who initiated the procedure or measure, or of the person who has the owner's power to the employees, which has launched the procedure or measure.

§ 58.  The Municipal Council in the municipality of residence is obliged to follow the development of the use of force, in accordance with article 3. Title III and other interventions in personal liberty with a view to an assessment of the need for follow-up.
(2).  Report on the development in the use of force and other interventions in personal freedom shall be presented annually the Municipal Council and the Minister.

Title IV Chapter 11 entry into force

section 59.  The law shall enter into force on the 1. December 2013.
(2).  At the same time repealed Chapter 8 of the Greenland Home Rule Government Decree No. 64 of 29. December 1994 on residential institutions, etc. for children and young people, as well as for persons with extensive disabilities.



Greenland's autonomy, the 21. November 2013



Aleqa Hammond