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Regulation Of The Minister Of Social Affairs 21 Number 2014

Original Language Title: Peraturan Menteri Sosial Nomor 21 Tahun 2014

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6. The reimbursed family are foster parents, foster parents, and guardians who exercise roles and responsibilities to provide alternative parenting to the child.
7. Custody is the power of parents to nurture, educate, nurture, nurture, protect, and grow children in accordance with their own religion and their abilities, talents, and interest.
8. Nurturing by the Family is the parenting of children committed by birth parents or other family members up to a third degree.
9. Alternative parenting is a family-based upbringing committed by foster parents, nurturing by guardians, parenting by foster parents, or residential-based parenting.
10.Anak Foster is a child raised by a person or institution to be given guidance, maintenance, care, education, and health, because his parents or one of his parents are unable to guarantee the natural growing of the children's flowers.
11.2 Foster Parents are parents other than family or single parents who receive the authority to perform a temporary child's parenting.
12.Wali is a person or body who in fact runs a foster care as a parent to a child.
The next 13.m Social Welfare Institute (LKSA) is a social welfare institution created by the Government, the local government, or the community that carries out the care of the nurturing and protection of the good children. was inside and outside the Social Welfare Society.
14.Asesmen is a process for identifying problems, needs, and potential children and families related to parenting and child protection, the readiness and capacity of parents, families or prospective parents of surrogate, sources that can didayagunwill to support children and families as well as LKSA ' s residential-based parenting capacity in performing the role as the last source in alternative parenting.
The Residency-Based Orphanage is the last alternative parenting and is temporary by placing the child in LKSA until its permanent family-based parenting is acquired.
16.6 Professional Social Workers are a working person, both in government and private institutions that have the competencies and professions of social workers, and care in social work gained through education, training, and/or experience of social work practice to carry out service tasks and handling social issues.
17.Society is an individual, family, group, and social welfare agency and/or a community of social welfare.

Section 2
Child parenting is based on the principle of child protection consisting of up:
a.   nondiscrimination;
B.   the best interests for the child;
c. The right to life, survival, and development; and
D.   Credit for the child's vision

Section 3
Child parenting is done with regard to:
a.   the right to be nurtured by his parents;
B.   the right to not be separated from his family;
c. the right to know the origins of the family;
D.   Religious similarities with children;
e.   confidence and child culture; and
f.   Protection of all forms of violence, exploitation, and neglect.

BAB II
INTENT, PURPOSE, AND SCOPE
Section 4
The childcare hosting is intended to allow any child to obtain proper parenting in accordance with its right to the child ' s best interests.

Section 5
The host of childcare aims:
a.   Fulfill the basic services and needs of every child will be compassion, and peace, safety, and welfare, and any other end of the term of the Cloud Service.
B.   It is a clear legal status for any child who is in foster care.

Section 6
The childcare scope includes:
a.   the parenting by the family; and
B.   Alternative parenting.

BAB III
NURTURING BY THE FAMILY
Section 7
(1) The upbringing by the family is done by the birth parents or family members of the blood in a straight line up or down to the bottom of the third degree.
(2) The care of a family member in a straight line up or down to the bottom up to the third degree as referred to in verse (1) must be catted to the social agencies and the agencies that are organizing affairs in the field of occupation Local.

Section 8
(1) The parents are obliged and responsible for the form of child welfare, both spiritually, physical and social.
(2) The obligation and liability as referred to in paragraph (1) includes:
a.   nurture, nurture, educate, and protect children in accordance with the harkat and the dignity of humanity;
B.   To grow the child optimally according to its ability, talent, and interest; and
c. prevent the occurrence of marriage at the age of the child.

Section 9
(1) In terms of parental separation due to divorce, and the court decides child is nurtured by one of the parties, father or mother, the duty and responsibility of the parents remain binding until the child reaches adulthood.
(2) The termination of divorce as referred to in verse (1) does not decide the parental rights of parental custody of the child, both legally and physically.

Section 10
(1) The child who comes from a divorced family nonetheless has the right to meet directly and to personally connect with her parents.
(2) One of the divorced parents is obliged to give permission to one of the parents who wants to meet her son.

Section 11
(1) Every child is entitled to be nurtured by his own parents, unless there is a reason and/or the legal rule of law suggests that separation is in the best interest of the child and is the last consideration.
(2) In terms of the parent no, or unknown to its existence, or for a cause, it cannot carry out its obligations and its responsibility, obligations and responsibilities as referred to in Article 8 ts or the family up to the degree Third and foster parents, foster parents, guardians as well as residency-based nurseries as the last alternative.
3. Child Trust is the authority granted to a person or legal entity based on a verdict or determination of a court to perform the law or legal action as a representative for the benefit and in the name of the child who does not have a valid name. Or no known whereabouts of his parents, or both parents who are still not able to perform legal deeds or perform their duties as parents.
4. Parents are the father and/or mother of the birth, or father and/or stepmother, or father and/or adoptive mother.
5. Family is the smallest unit in society that consists of husband and wife and child, or father and son, or mother and child, or family of blood in a straight line up or down to the third degree.
of the paragraph (2) may switch to families other than their parents, which are exercised in accordance with the provisions of the laws.

Section 12
(1) In the case of the parent as referred to in Article 8 of the paragraph (1) through its obligations, it may be carried out by an act of supervision or custody of an elderly person may be revoked.
(2) The act of supervision of an elderly person or the revocation of the custody as referred to in paragraph (1) is carried out through the assignment of the court.
(3) The oversight measures as referred to in paragraph (2) are exercised by social agencies after obtaining the court designation.
(4) Revocation of custody as referred to in paragraph (2) is done in terms of the parent:
a.   through its obligations;
B.   doing bad deeds;
c. have abused the power of parents in nurturing and educating a child or more; and/or
D.   getting the penultimate prison criminal 2 (two) years that has been a fixed legal force.
(5) Revocation of parental custody as referred to in paragraph (2) followed by the appointment of a guardian.
(6) The repeal of the foster power does not abolish the parental obligation to carry out its responsibility.

Section 13
In addition to the revocation of custody as referred to in Article 12, the Court may establish the release of custody.

Section 14
(1) The court establishes the release of the custody power as referred to in Article 13 in terms of the parents:
a.   unable to perform its obligations;
B.   helpless; and/or
c. prolonged illness.
(2) The court in establishing the release of the custody of the custody as referred to in paragraph (1), sets the guardian for the child to exercise power as an old man.

Section 15
(1) One of the parents, siblings, or family to the third degree, may apply to the court to obtain a court assignment of the revocation or release of parental custody or conduct an act of surveillance If there is a strong reason.
(2) If one parent, sibling, or family up to a third degree may not carry out its obligations, the revocation of parental custody as referred to in paragraph (1) may also be submitted by the authorized official or Other agencies have the authority.

Section 16
Parental custody can be returned via court designation if the parent has been able to exercise its obligations again.

BAB IV
ALTERNATIVE PARENTING
The Kesatu section
General
Section 17
(1) The alternative upbringing consists of nurturing by foster parents, guardians of parenting, foster parents, or residential-based parenting.
(2) The alternative parenting as referred to in verse (1) can only be done if the parenting by the family is not possible.

Section 18
Nurturing by the guardian and adoptive parents as referred to in Article 17 of the verse (1) is taken precede by the family of the blood in a straight line up or down to the bottom of the third degree.

Section 19
(1) The alternative parenting is exercised by the individual and/or LKSA.
(2) The alternative upbringing by individuals as referred to in paragraph (1) is done through LKSA designated by the social agencies to perform an alternative parenting preparation process.
(3) The caregier by LKSA as referred to in paragraph (1) is residential-based parenting and is the last resort and temporary option.

Section 20
(1) The alternative upbringing exercised by the individual as referred to in Article 19 of the paragraph (1) is performed either by foster parents, guardians, and adoptive parents.
(2) The alternative parenting performed by the individual as referred to in paragraph (1) is a priority prior to parenting by LKSA.

Section 21
(1) The determination of alternative parenting as referred to in Article 20 is exercised based on the results of the Professional Social Worker assigned by the local social agency.
(2) In carrying out the asesment as referred to in paragraph (1), professional social workers are assisted by other professions.

The Second Part
Nurturing by the Foster Parents
Section 22
(1) The upbringing by foster parents is performed by someone outside the child ' s family.
(2) The foster parents as referred to in verse (1) are not as well as the merta may act as regent.
(3) The upbringing by foster parents as referred to in paragraph (1) is done in the case of the child:
a.   be in a transitional situation before a fixed decision regarding the appropriate parenting type for the child;
B.   being in a vulnerable situation or already a victim of violence, mistreatment, exploitation, and delivery so that it needs to be saved immediately from the child's environment; and/or
c. separate from the family due to emergency situations.
(4) Children as referred to in verse (3) include children who still have parents, children whose parents are not known to live or their whereabouts, or children whose parents died.
(5) The foster parent as referred to in verse (1) must have the permission of the social institution to be a foster parent.
(6) Permission as referred to in paragraph (5) is granted after the concerned obtain professional social worker asesment, follow the training, pass the competency test, and meet the requirements as a candidate for foster parents.

Section 23
(1) The foster parent candidate must be eligible:
a.   at least 21 (twenty-one) years old;
B.   Physical and mental health;
c. behave properly;
D.   domicile stays in Indonesia;
e.   religion is equal to the child ' s religion;
f.   willing to be a foster parent stated in the statement letter; and
G.   have a competency in parenting by passing a competency test for a prospective foster parent.
(2) The test of competence for a prospective foster parent as referred to in paragraph (1) the letter g is exercised by a social institution.
(3) The test of the competency as referred to in paragraph (2) is exercised through a direct assessment of certification and assessment.
(4) The candidate of foster parents who pass the competency test as referred to in paragraph (2) is given a parenting certificate by a social institution.
(5) In addition to the passing of the competency test and the nurturing of the parental cantain, care, educate and protect their child and ensure the growing of child flowers is optimally both physical, mental, spiritual, and/or Social.
(2) In the case of the parent as referred to in verse (1) it turns out then does not carry out the obligation and responsibility as an old person, may be reappointed as regent on the basis of the court's designation.

The Fourth Part
Nurturing by Foster Parents
Section 46
Parenting by adoptive parents is intended for the best interest for the child to realize the well-being and protection of the child.

Section 47
Nurturing by foster parents is exercised through child appointment in accordance with the provisions of the laws.

The Fifth Part
Residential Based Care
Section 48
(1) The Residential Based Care is performed by the LKSA both belong to the Government, the local government, and the society that has been accredited in accordance with the provisions of the laws.
(2) A residential-based upbringing as referred to in paragraph (1) is done in the case of the child:
a.   does not have both parents, family members as blood in straight lines up or down to the third degree, and/or no substitute family; and
B.   It requires immediate response to the emergency situation.
(3) The placement of a child in LKSA who carries out a residential-based upbringing should be placed on LKSA as close as possible to the neighborhood.

Section 49
(4) The placement of a child in LKSA who carries out the Residential-Based Nurses is established with the decision of the head of a local social agency based on the results of the Professional Social Worker's asesment.
(5) The LKSA carrying out the Residential Based Teaching as referred to in paragraph (1) has a responsibility:
a.   babysitting, nurturing, educating, and protecting the child;
B.   Grow a child in accordance with the ability, talent, and interest; and
c. preventing the occurrence of marriage at an early age.
(3) The LKSA carrying out a Residential-Based Teaching is prohibited from carrying out any form of acts of violence, exploitation, and application of physical punishment for any reason including for discipline enforcement.
(4) The LKSA that violates the provisions as referred to in paragraph (3) is subject to sanction in accordance with the provisions of the laws.

Section 50
(1) The residential-based upbringing is temporary until its more permanent parenting is obtained.
(2) As long as the child is in LKSA carrying out the Residential-Based Teaching, the Professional Social Worker who gets the task of the social agency must conduct the study and parenting plan that allows the child to be reunified to his family as soon as possible
(3) The LKSA carrying out the Residential Based Teaching as referred to in paragraph (2) can be a trustee of the whole meeting the provisions of the laws.

Section 51
(1) The government, local government, or the public can provide support to LKSA who carry out the Residential-Based Nurturing to be able to perform temporary parenting for the child according to the ability.
(2) Support to LKSA performing the Governing Based: Residential as referred to in paragraph (1) may be financial, education and training, and/or other forms of support.

Section 52
The exercise of residency-based parenting by LKSA should be guideline on the national standard of child parenting.

BAB V
Authorization
Section 53
The Social Minister has the authority:
a.   formulate, establish policies and programs on child parenting and family support;
B.   carrying out policies that are his authority;
c. carry out the child nurturing through the Central Technical Managing Unit as a pilot;
D.   improving the child ' s human resources capacity;
e.   establish the child ' s norms, standards, procedures, and parenting criteria;
f.   conduct coordination with social agencies and related agencies in the province against the exercise of childcare;
G.   establish a child complaint and complaint mechanism;
h.   assemble and compile, verify, and validate child data at a national level; and
i.   raise awareness for changing attitudes, and the social behavior of parents, families and communities.

Section 54
The governor has the authority:
a.   encourage and facilitate the implementation of policies and programs on parenting and family support;
B.   carrying out child parenting by an area device working unit that drudled social affairs through an area technical managing unit;
c. facilitate and/or carry out the increase in child parenting human resources;
D.   conduct coordination with related agencies in the province against the exercise of child parenting;
e.   receive, facilitate the complaint and child complaint on its territory;
f.   conducting child data verification of the district/kota; and
G.   raise awareness for the change of attitude, and the social behavior of parents, families and communities in its territory.

Section 55
The regent or mayor has the authority:
a.   carrying out policies and programs on child parenting and family support;
B.   carrying out child parenting by an area device working unit that drudled social affairs through the Regional Technical Managing Unit;
c. provide the child ' s parenting human resources;
D.   perform coordination with related agencies in the district/city against the exercise of child parenting;
e.   receive and follow up on reports of child parenting issues;
f.   doing a dataS;
G.   determining the appropriate response to a child who cannot be nurtured by the family; and
h.   raise awareness for changing attitudes, and the social behavior of parents, families and communities.

BAB VI
FUNDING
Section 56
(1) Fof parents having been able to carry out its obligations and responsibility based on the results of the Professional Social Worker ' s report, the child can be returned to the elderly.
(2) The liability of the parental duties and responsibilities of the guardian as referred to in paragraph (1) is set through the assignment of the court.

Section 45
(1) Parents who have regained the power of their powers based on the determination of the court to take care, maiunding the implementation of policy, programs, and child parenting activities by the Government sourced from the country ' s income and shopping budget.
(2) Funding the implementation of policy, programs, and child parenting activities by the provincial government sourced from the provincial area shopping income budget.
(3) Funding the implementation of policy, programs, and child parenting activities by the county/city government is sourced from the county/city area shopping income budget.
(4) The funding of enforcement of the policies, programs, and child parenting activities by the Government, provincial government and county/city governments are sourced from other legal sources of funding in accordance with the provisions of the laws.

BAB VII
MONITORING AND EVALUATION
Section 57
(1) Government, provincial government, and district/city government conduct monitoring to guarantee the synergy, continuity, and effectiveness of the measures integrated in the conduct of the child ' s policy and parenting activities.
(2) Monitoring as referred to in paragraph (1), carried out to know the development and obstacles in the implementation of the child ' s policy and parenting activities.
(3) Monitoring is conducted regularly through the coordination and direct monitoring of the conduct of the child ' s policy and parenting activities.

Section 58.
(1) Minister of Social Affairs, governor, bupati/mayor in accordance with his authority to conduct evaluations of policy and activities performed periodically.
(2) The results of the evaluation of the execution of the child policy and parenting activities as referred to in paragraph (1), are used for the planning of the next year in order to repair the program.
(3) Evaluation as specified in paragraph (2), executed in accordance with the provisions of the laws.

BAB VIII
COACHING AND SUPERVISION
Section 59
(1) The Minister of Social Affairs conducts coaching and oversight over the conduct of the policy and child parenting activities to the governor.
(2) The governor conducts coaching and supervision over the conduct of the policy and child parenting activities to the bupati/mayor.

Section 60
(1) The public can conduct oversight of child parenting activities in accordance with the mechanisms and conditions of the laws.
(2) The form of supervision as referred to in paragraph (1) is carried out by reporting of the occurrence of violence, exploitation, neglect, mistreatment of a child in the parenting of a family or alternative family/substitutes to service social/social agencies;

Section 61
The coaching and supervision as referred to in Article 59 and Section 60 aims to improve the quality of child parenting service for the sustainability of child parenting activities.

BAB IX
REPORTING
Section 62.
(1) The Regent/mayor delivers a report on the execution of the child ' s parenting in the area to the governor.
(2) The governor delivered a report of implementation of the policy and parenting activities in the area to the Minister of Social Affairs and the Minister of the Interior.
(3) The report as referred to in paragraph (1) and paragraph (2) includes:
a.   execution report; and/or
B.   Accountability Report
(4) The form and layout of the reporting as referred to in paragraph (2) and paragraph (3), are executed in accordance with the provisions of the laws.

BAB X
CLOSING PROVISIONS
Section 63
These rules are made as the norm, standards, procedures, and the criteria that govern the child ' s parenting.

Section 64
The rules of the Minister are in effect on the date of promulgations. In order for everyone to know, ordered the invitation of the Minister's Regulation with its placement in the News of the Republic of Indonesia.

Specified in Jakarta
on December 23, 2013
SOCIAL MINISTER
REPUBLIC OF INDONESIA,

SALIM SEGAF AL JUFRI

It is promulred in Jakarta
on 20 January 2014

MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,

AMIR SYAMSUDIN