Law General Provision Of Services For The Care, Care And Integral Child Development

Original Language Title: Ley General de Prestación de Servicios para la Atención, Cuidado y Desarrollo Integral Infantil

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General Law of Provision of Services for Care, Care and Child Integral Development

GENERAL LAW OF PROVISION OF SERVICES FOR CHILD CARE, CARE AND INTEGRAL DEVELOPMENT

Official Journal of the Federation on October 24, 2011

Latest reform published in DOF 04 December 2014

On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic.

FELIPE DE JESUS CALDERÓN HINOJOSA, President of the United Mexican States, to its inhabitants known:

That the Honorable Congress of the Union, has served to address the following

DECREE

"THE GENERAL CONGRESS OF THE MEXICAN UNITED STATES, D E C R E T A:

THE GENERAL SERVICE DELIVERY LAW IS EXPEND FOR CHILD CARE, CARE AND INTEGRAL DEVELOPMENT

Single Article. The General Services for Care, Care and Child Integral Development Act is issued.

GENERAL LAW ON PROVISION OF SERVICES FOR CHILD CARE, CARE AND COMPREHENSIVE DEVELOPMENT

Chapter I

General Provisions

Article 1. This Law is of public order, social interest and general observance in the national territory and aims to establish the concurrency between the Federation, the States, the Municipalities, the Federal District and the political-administrative bodies of their territorial demarcations, as well as the participation of the private and social sectors, in matters of provision of services for the attention, child care and integral development, guaranteeing access to girls and children to such services under conditions of equality, quality, warmth, security and adequate protection, which promote the full exercise of their rights.

Article 2. The application of this Law corresponds to the Federal Executive, through its dependencies and entities, to the Executive Powers of the States, Federal District and the political-administrative organs of its territorial and municipal districts, as well as the Federal Legislative and Judicial Powers and autonomous constitutional bodies, in the field of their respective competences.

Article 3. The dependencies, entities, and other social security agencies that provide the services for child care, care, and comprehensive development, In addition to complying with their specific laws and internal rules, which will have preeminence, they must observe the provisions of this Law. The collective or individual labor rights enshrined in Article 123 of the Political Constitution of the United Mexican States for the daughters and sons of workers in the field of childcare and recognized social benefits By its statutory laws on social security they have preeminence in this Law and will be respected in it.

Article 4. The provisions regarding the provision of services for child care, care and comprehensive child development that are issued by the Federation, the States, the Municipalities, the Federal District and the political-administrative organs of their territorial demarcations, within the scope of their respective competences, shall comply with this Law.

Article 5. The Care Centers, in any of its modalities, will be subject to the provisions of this Act.

Article 6. The administrative interpretation of the Federal Law will be the responsibility of the Secretariat, the Secretariat of Public Education, the Secretariat of Government and the Secretariat of Labor and Social Security in the field of their respective powers and the areas to be determined by the legislative and judicial branches and the autonomous constitutional bodies.

Article 7. Service providers for child care, care and integral development, in any of their Modes and Types, are subject to provided for in this Law and, where applicable, the applicable legal and administrative provisions.

Article 8. For the purposes of this Law:

I.         Attention Centers: Spaces, whatever your name is public, private or mixed, where services are provided for child care, care and integral development in a framework of full exercise of the rights of the girls and boys from the age of forty-three days;

II.       Child Integral Development: It is the right that girls and boys have to form physically, mentally, emotionally, and socially in conditions of equality;

III.      Law: General Law of Service for Care, Care and Child Integral Development;

IV.       Precautionary Measures: Those that for the provision of services for child care, care and integral development issue the competent authorities, in accordance with this Law, to safeguard and protect the life and integrity of girls and boys;

V.        Modalities: As referred to in Article 39 of this Act;

VI.       National Policy: National Policy for Care, Care and Child Integral Development Services;

VII.      Child care, care and development service providers: Those natural or moral persons who have permission, license or authorization, issued by the competent authority, to install and operate one or more Care centers in any mode and type;

VIII.    Comprehensive Monitoring, Accompanying, Monitoring and Evaluation of Operation Program: A set of actions to achieve effective monitoring of compliance with this Law and to ensure progressive improvement and strengthening of services for child care, care and integral development;

IX.       Internal Program of Civil Protection: The one that is limited to the scope of a Dependence, Entity, Institution and Body belonging to the public sectors, in its three orders of government, private and social, and is installed in the property in order to safeguard the physical integrity of girls and boys, employees and persons who are in attendance;

X.        State Records: Public Catalogues of the Attention Centers, under any mode and type, in the territory of the corresponding Federative Entity;

XI.       National Register: Public catalog of the Centers of Attention, in any form and type, in the national territory;

XII.      Regulation: Regulation of the General Law of Service for Care, Care and Child Integral Development;

XIII.    Secretariat: Health Secretariat;

XIV.     Services for Child Care, Care and Comprehensive Development: Measures aimed at girls and boys in the Care Centers, consistent with care and care for their child integral development;

XV.      Council: National Council of Service for Care, Care and Child Integral Development.

Chapter II

Of Services for Care, Care, and Child Integral Development

Article 9. Girls and children have the right to receive services for child care, care and integral development under quality, warmth, and quality conditions. security, protection and respect for their rights, identity and individuality in order to ensure the best interests of children.

Article 10.- They are subject to services for child care, child care, child care, and child care, without discrimination of any kind in terms of the provisions of the Article 1o. of the Political Constitution of the United Mexican States.

Article 11. The Federal Executive, through its agencies and entities, the Executive Powers of the States, the Federal District and the -the administration of its territorial demarcations and the Municipalities will ensure, in the field of their competences, that the provision of services for the attention, care and integral development of children is oriented towards the attainment of the exercise of the following rights of girls and boys:

I.         To a safe, affective and violence-free environment;

II.       Care and protection against acts or omissions that may affect their physical or psychological integrity;

III.      To health care and promotion;

IV.       To receive the food that allows them to have adequate nutrition;

V.        To receive guidance and education appropriate to their age, aimed at achieving physical, cognitive, affective and social development up to the maximum of their possibilities, as well as to the understanding and exercise of their rights;

VI.       Rest, play and recreation;

VII.      To non-discrimination;

VIII.    To receive quality and warmth services, by suitable, sufficient personnel and with training or capabilities from a child rights approach, and

IX.       To participate, to be consulted, to express freely their ideas and opinions on the issues that concern them and to make these opinions taken into account.

Article 12.- In order to ensure compliance with the services referred to in this Law, the following services shall be provided for the following: activities:

I.         Protection and security;

II.       Effective supervision and inspection in the field of civil protection;

III.      Promoting health care;

IV.       Medical care in case of emergency, which may be provided in the Care Center or through public or private health institutions;

V.        Adequate and sufficient nutrition for your nutrition;

VI.       Promoting the understanding and exercise of the rights of girls and boys;

VII.      Rest, recreation, play and recreational activities of your age;

VIII.    Support for biological, cognitive, psychomotor, and socio-affective development;

IX.       Language teaching and communication;

X.        Information and support for parents, guardians, or those with responsibility for care or parenting, to strengthen understanding of their roles in the education of girls and boys.

Article 13.- The income of girls and boys to services for child care, care and comprehensive development will be made in accordance with the requirements laid down in the applicable regulations applicable to each case.

Chapter III

Of the National Policy on Services for Care, Care and Integral Development Children

Article 14. The rectory of services for child care, care and integral development corresponds to the State, which will have an undeclining responsibility. in the authorisation, operation, monitoring, supervision and evaluation of such services.

Article 15. The provision of services for child care, care and integral development when in charge of federal agencies and agencies, state, the Federal District or the municipalities, may grant it for themselves or through persons in the social or private sector who have the corresponding requirements and authorization. Effective compliance with labour rights and the social security benefits derived from them should be ensured in the area of child care, care and integral development.

Article 16. For the provision of child care, care, and comprehensive child care services, compliance with the provisions of this Law and its Rules of Procedure must be complied with. as for the corresponding legal provisions and regulations regarding health, infrastructure, equipment, safety, civil protection and hygiene measures of the Centers for Health Care, in any of its modalities, as well as the educational, rest, play and recreation services, and others related to the object of this Law.

Article 17. The National Advisory Committees for Standardisation of the Dependencies of the Council will jointly issue, in terms of the provisions of the The Federal Law on Metrology and Standardisation, the Mexican Official Rules concerning the subjects and services mentioned in the previous article.

Article 18. It is a matter of priority and of public interest for the policy to be established regarding the provision of the services referred to in this Law, which will be determined by the Council and will allow the combined efforts of the various government and public, social and private sectors.

Article 19.- The National Policy referred to in this Chapter shall have at least the following objectives:

I.         To ensure the recognition of the dignity of girls and boys, on the basis of the creation of the necessary conditions of respect, protection and full exercise of their rights;

II.       Promote the access of girls and children with disabilities, who are in a street situation, who live in rural areas, migrants or farm laborers, indigenous communities, and in general population living in marginalized or extreme areas poverty, to the services indicated by this Law, regardless of their physical, intellectual or sensory conditions, according to the models of care;

III.      Define standardized quality and security criteria;

IV.       Contribute to the progressive improvement and strengthening of services for child care, care and integral development;

V.        Promote family and community co-living patterns based on the respect, protection and exercise of the rights of girls and boys;

VI.       Foster gender equity, and

VII.      Ensure quantitative and qualitative criteria for services, in accordance with the priorities defined by the Council, and the requirements and characteristics of care models.

Article 20. In the design, implementation, monitoring and evaluation of the policy referred to in this chapter and in the application and interpretation of the This Law should be addressed to the following principles:

I.         Development of girls and boys in all aspects of their life, whether physical, emotional, psychosocial, cognitive, social, educational or cultural;

II.       Non-discrimination and equal rights;

III.      The higher interest of childhood;

IV.       Participation of girls and boys in all matters concerning them, and

V.        Gender equity.

Chapter IV

From the Distribution of Competencies

Article 21.- The Federal Executive will have the following powers regarding the provision of Services for Care, Care and Integral Development Children:

I.         Develop, implement and evaluate the National Program of Service for Care, Care and Child Integral Development, whose guidelines must address the purpose of this Law, as well as for the purposes of the Council;

II.       Organize the National Council, as well as promote the fulfillment of its objectives;

III.      Coordinate and operate the National Register;

IV.       To verify, in its field of competence, that the provision of services complies with the standards of quality and safety required by the principle of higher interest for children;

V.        To determine the indicators to evaluate the application of the National Program of Service for Care, Care and Child Integral Development referred to in the section I of this article;

VI.       Advise local governments, municipal governments, or, where appropriate, the Federal District and the political-administrative bodies of their territorial demarcations to request, in the elaboration and execution of their respective programs;

VII.      To conclude coordination agreements in the field with other government orders, to achieve the purposes of this Law;

VIII.    To promote and conclude agreements on consultation with the private and social sectors for the promotion, promotion and development of the purposes of this Law;

IX.       Encourage, carry out and disseminate studies and research in the field;

X.        To make the knowledge of the competent authority any information that may constitute an unlawful act, and

XI.       The others I pointed out to you this Law and other legal provisions.

Article 22. Corresponds to the Holders of the Executive Powers of the States and the Federal District, in accordance with the provisions of this Law and the legislation local in the field, the following attributions:

I.         Formulate, conduct and evaluate the entity's policy in the provision of services for child care, care and integral development, in line with national policy in the field;

II.       To develop, approve, implement and evaluate the institution's programme for the provision of services for child care, care and comprehensive development, in accordance with the purpose of this Law and for the purposes of the Council; consider the guidelines provided for in the National Development Plan and the National Program for the Provision of Services for Care, Care and Child Integral Development;

III.      Organise the system of provision of services for the care, care and integral development of children of the relevant entity and contribute to the Council;

IV.       Coordinate and operate the corresponding Entity Registry;

V.        To verify, in its field of competence, that the provision of services complies with the standards of quality and safety required by the principle of higher interest for children;

VI.       To determine the indicators to assess the implementation of the programme of the entity referred to in Part II of this Article;

VII.      Advise the municipal governments or, where appropriate, the political-administrative bodies of the territorial demarcations of the Federal District that request it, in the elaboration, execution or evaluation of their respective programs;

VIII.    To conclude coordination agreements in the field with other government orders, to achieve the purposes of this Law;

IX.       To promote and conclude agreements on consultation with the private and social sectors, actions aimed at promoting the provision of services for child care, care and integral development, in the terms of this Law;

X.        Encourage, carry out and disseminate studies and research in the field;

XI.       To monitor, in the field of their competence, compliance with this Law and the State provisions related to and derived from it, by the service providers for child care, care and integral development, in any of its Types and Modes;

XII.      Decree, in the field of their competence, the necessary precautionary measures to the Attention Centers;

XIII.    To impose sanctions corresponding to their field of competence, for non-compliance with the provisions of this Law;

XIV.     To make the knowledge of the competent authority any information that may constitute an unlawful act, and

XV.      The others that point to them in this Law and other legal provisions.

Article 23. It corresponds to the Municipalities and the political-administrative organs of the territorial demarcations of the Federal District, in the field of their competence and in accordance with the provisions of this Law and the state laws in the field, the following powers:

I.         Formulate, conduct and evaluate municipal policy in the provision of services for child care, care and comprehensive development, in line with state and federal policy in the field;

II.       To develop, approve, implement and evaluate the municipal program for the provision of services for child care, care and integral development, in accordance with the purpose of this Law and the purposes of the Council. For this purpose, the guidelines provided for in the state development plan and the state programme for the provision of services for the appropriate care, care and comprehensive child development shall be considered;

III.      Contribute to the local system of provision of services for the appropriate care, care and integral child development; as well as in the integration and operation of its Local Registry;

IV.       To verify in its field of competence that the provision of services complies with the standards of quality and safety required by the principle of the best interests of children;

V.        To determine the indicators for the evaluation of the implementation of the programme referred to in the first paragraph of section II of this

;

VI.       To conclude coordination agreements in the field with other government orders, to achieve the purposes of this Law;

VII.      To promote and conclude agreements on consultation with the private and social sectors, actions aimed at promoting the provision of services for child care, care and integral development, in the terms of this Law;

VIII.    Encourage, carry out and disseminate studies and research in the field;

IX.       Monitor compliance with this Law and other applicable provisions in its field of competence that are related and derived from it, by service providers for child care, care and comprehensive development;

X.        Decree the necessary precautionary measures to the Centers of Attention authorized by the municipality and the Territorial Demarcation of the corresponding Federal District in any modality or type;

XI.       To impose the sanctions, in the field of their jurisdiction, to which the present Law and the municipal legislations that derive from it, with respect to the service providers for the care, care and integral development of children, in any of your Modes and Types;

XII.      To make the knowledge of the competent authority any information that may constitute an unlawful act, and

XIII.    The others I pointed out to you this Law and other federal and state legal provisions.

Chapter V

From the National Council for Services for Care, Care and Child Integral Development

Article 24. The Council is a regulatory, consultation and coordination body, through which the actions they have for the purpose will be followed up. to promote inter-institutional mechanisms, which will allow the establishment of public policies and strategies for care in this field.

Article 25. The Board will be integrated with the Holders of the following Federal Public Administration agencies and agencies:

I.         The DIF National System, who will preside over it;

II.       The Secretariat;

III.      The Secretariat of Government;

IV.       The Secretariat for Social Development;

V.        The Secretariat of Public Education;

VI.       The Secretariat of Labour and Social Welfare;

VII.      The Social Security Institute for the Mexican Armed Forces;

VIII.    The Mexican Social Security Institute;

IX.       The Institute for Security and Social Services of State Workers;

X.        The National Commission for the Development of Indigenous Peoples, and

XI.       A representative of the labor sector and another of the business sector, who will be the representatives of the Mexican Social Security Institute.

Will be permanent guests at Council meetings, the National Women's Institute and the National Human Rights Commission, who will be entitled to voice.

The appointments to the Council will be honorary and institutional.

Article 26. The Federal Executive, through the DIF National System, will be able to integrate the Council with the holders of other federal agencies and agencies. provide services for child care, child care and comprehensive development, or whose scope of responsibility is linked to these services.

Article 27. You may also invite to participate in the Council, with the right to voice but no vote, to the holders of the State and municipal services systems. for child care, care, and integral development, according to their internal regulations.

Article 28. The titular members may designate an alternate, which must have at least the hierarchical level of Director General or equivalent.

Article 29. The Council shall have a Technical Secretariat which shall be responsible for coordinating the actions which are the subject of the same and the designation of which shall be subject to the provisions of their internal normativity.

Article 30. The operation and operation of the Council shall be governed by the provisions of this Law and its internal normativity.

Article 31. The Council will have the following attributions:

I.         Formulate, conduct and evaluate national policy in the field of provision of services for child care, care and integral development; that allows the combination of efforts of the various government and sector orders public, private and social in the promotion of conditions favorable to the comprehensive care and development of girls and boys;

II.       Promote inter-institutional coordination at the federal, local, municipal and, where appropriate, the Federal District and the political-administrative bodies of its territorial demarcations, as well as the coordination of actions between the sectors public, social and private;

III.      To promote the mechanisms of co-responsibility and solidarity between civil society and the different agencies and agencies that make up the Council;

IV.       Promote joint training and monitoring programs for the staff working in the Care Centers of the agencies and agencies that make up the Council;

V.        To promote to the competent authorities the certification of work skills for the staff who provide their services in the Care Centers;

VI.       Promote the design and use of indicators, as well as the implementation of monitoring and evaluation mechanisms for the coverage and quality of the services offered;

VII.      To promote research and the generation of studies that contribute to the decision-making and planning of public policies linked to the object of this Law;

VIII.    Promote citizen monitoring and access to information in services programs for child care, care and comprehensive development to ensure the transparency and efficient use of public resources;

IX.       Promote the expansion of coverage and the quality of services through diversified and regionalized schemes;

X.        Promote the generation, updating and implementation of Mexican official standards that allow the regulation of services for child care, care and integral development;

XI.       Promote the participation of families, civil society and children in the observation and monitoring of national policy and services, and

XII.      Approve your internal rules of operation.

Article 32. The Council will have the following objectives:

I.         Designing coordinated public policies, strategies and actions to ensure comprehensive care for girls and boys;

II.       Coordinate efforts of the agencies and agencies that make up the Council, to promote mechanisms to improve the quality of services for child care, care and integral development, and

III.      Promote government actions to provide a service of care, care and integral development for children with common quality criteria, through the promotion of training, certification, supervision and monitoring activities. services.

Article 33. The Council for the fulfillment of its purposes will address the following:

I.         The members of the Council shall meet in ordinary sessions at least four times a year to follow up on the actions agreed upon among their members;

II.       Members of the Council may meet in extraordinary sessions to attend to matters that deserve immediate attention, which shall be convened by its President upon the proposal of any member;

III.      The members of the Council shall exchange and analyse information and data concerning the subjects of their competence in order to meet the objectives set, and

IV.       It shall deliver a six-monthly report of activities to the H. Congress of the Union, who at all times and, if deemed necessary, may call upon its members to appear.

Chapter VI

From the National Registry and State Records of Care Centers

Article 34. The National Registry shall be organized in accordance with the provisions of the Rules of Procedure and shall be intended to:

I.         Contribute to the achievement of the objectives of national and Council policy;

II.       To concentrate the information of the Public, Social and Private Sector Care Centers that provide services for child care, care and integral development;

III.      Identify service providers for child care, care, and comprehensive development in any of their Modes and Types, as well as keep up-to-date information that makes it;

IV.       Have a statistical control that contributes to the definition of public policies referred to in this Law, and

V.        Facilitate the supervision of the Care Centers.

Article 35. The National Register must be guided by the principles of maximum publicity, transparency and legality, in compliance with the provisions of the accountability.

Article 36. Federal, state, municipal authorities, and, where appropriate, determined in respect of the Federal District and the political-administrative bodies of their territorial demarcations, competent to issue the authorization referred to in Chapter IX of this Law, shall register them in the national or state register, as appropriate. Such records shall be updated every six months.

Article 37.- The dependencies and entities of the Federal Public Administration, the Federal Legislative and Judicial Powers, and the Constitutionally Self-employed persons who directly provide services for child care, care and integral development, must register the Care Center in the appropriate local registry, subject to review of the compliance with the requirements according to the modality and the type in question and in accordance with applicable local laws.

Article 38. Local Records must provide the National Registry with the following information:

I.         Identification of the service provider is a natural or moral person;

II.       Identification, if any, of the legal representative;

III.      Location of the Care Center;

IV.       Mode and model of care under which it operates;

V.        Start date of operations, and

VI.       Installed capacity and, if applicable, occupied.

Chapter VII

Of Modes and Types

Article 39. Attention Centers can present any of the following modes:

I.         Public: Aquella financed and managed, either by the Federation, the States, the Municipalities, the Federal District or its political-administrative bodies, or by its institutions;

II.       Private: Aquella whose creation, financing, operation, and administration only corresponds to individuals, and

III.      Mixed: The one in which the Federation or the States or the Municipalities or the Federal District and its political-administrative organs of their territorial demarcations or as a whole, participate in the financing, installation or administration with social or private institutions.

Article 40.- For civil protection purposes, Attention Centers, depending on their installed capacity, are classified in the following Types:

Type 1: With installed capacity to service up to 10 care subjects, administered by professional or trained personnel according to the type of service, type of building: house or commercial premises.

Type 2: With installed capacity to service 11 up to 50 subjects, managed by professional or trained personnel according to the type of service, type of building: House, commercial premises or building with facilities specifically designed, constructed or enabled according to the type of service.

Type 3: With installed capacity to service 51 to 100 subjects, managed by professional or trained personnel according to the type of service, type of building: House, commercial premises or building with facilities specifically designed, constructed or enabled according to the type of service.

Type 4: With installed capacity to service more than 100 care subjects, managed by professional or trained personnel according to the type of service, type of building: House, commercial premises or building with facilities specifically designed, constructed or enabled according to the type of service.

The above typology will be in accordance with the rules of each institution and the Regulation of this Law.

Chapter VIII

Security and Civil Protection Measures

Article 41. The Attention Centers must have an Internal Civil Protection Program, which must contain at least the scope of competition and the responsibility of the service providers in each of the modalities, the state in which the property is located, the facilities, equipment and furniture used for the provision of the service. The Internal Program must be approved by the National System of Civil Protection or by the State Directorates or Secretariats of Civil or Municipal Protection, as the case may be, and will be subject to evaluation on a regular basis, by the corresponding.

Article 42. The Attention Centers must have hydraulic, electrical, fire, gas, intercommunication and special facilities, according to the with the regulations established by the Federation, the Federative Entities and the Federal District. No establishment that by its nature puts at risk the physical and emotional integrity of girls and boys and other persons who attend the Centers of Attention, may be located at a distance of less than fifty meters.

Article 43. For the operation of the Attention Centers, the evacuation routes, as well as the signs and notices of civil protection, must be defined. the regulation and other legal provisions. When designing these routes, it will be necessary to take into account, in addition to the safety and speed, the place of refuge to which they will be led to girls, children and staff who provide their services, which has to be far from the passage of cables that lead energy Electrical and pipeline ducts that lead to gas or chemical substances.

Article 44. With regard to the evacuation of the Infurniture, the operation of all evacuation elements as well as the exits must be checked periodically of the same in case of risk. In addition, specific measures related to the evacuation of persons with disabilities should be foreseen.

Article 45. At least once every two months, a drill must be performed with the participation of all people who regularly occupy the Infurniture. Information sessions should also be carried out in order to transmit to the occupants the instructions for behaviour in relation to emergency situations.

Article 46. Any structural modification or repair of the Infurniture must be performed by trained personnel outside the time the services.

Article 47. Step zones, patios, and recreation areas may not be used as storage areas in any case. When it is necessary and always on a temporary basis to use these areas to deposit objects, it will be ensured that this takes place outside of the service hours and in any case all the necessary measures will be taken to avoid accidents.

Article 48. The furniture and materials used in the furniture must be maintained in good conditions of use, removing those that may be susceptible. to cause damage or injury due to their poor condition. The interior finishes of the Furniture will be suitable for the age of girls and boys.

Article 49.- The Infurniture shall, as a minimum for its operation, prevent and/or protect from any risk or emergency situation:

I.         Have emergency exits, evacuation routes, alarms, traffic corridors, fire equipment, warning mechanisms, signs and emergency lighting systems;

II.       Having sufficient fire extinguishers and smoke detectors, these must be set in clear locations of obstacles preventing or hindering their use and being properly signposted to enable their rapid location, the Regulation will define the quantity and quality according to its mode and type;

III.      Enable spaces in the specific and appropriate Care Centre, far from the reach of girls and boys for the storage of combustible or flammable elements, which may not be located in basements, semi-basements, below stairs and in places close to heat radiators;

IV.       Verify the ventilation conditions of the areas where products are stored or used that release flammable gases or vapours;

V.        Control and remove ignition sources such as electrical installations, fireplaces and smoke ducts, atmospheric electrical discharges, solar radiation, ventilation, heaters, open flames, cigarettes, among others;

VI.       Prevent electrical installations from being within reach of girls and boys. If you have light plants or transformers, you will be isolated by a perimeter fence, which must be in good condition. Its connection shall not pass through the land of the building in which the service is provided and in the event of deterioration, the person responsible for the supply of electricity must be notified immediately, in order to proceed immediately to repair;

VII.      Identify and place flammable substances used in the Care Centre in hermetic, closed, labelled and stored containers away from the reach of girls and boys;

VIII.    Conduct an internal inspection of the security measures at least once a month;

IX.       Review at least once a year the dividing walls, if they exist, to detect the appearance of fissures, cracks, sinks, collapses with respect to the vertical and the detachments of elements fixed to them;

X.        Review the electrical installation after an eventuality has occurred, as well as the grounding system;

XI.       Count on child protection all electrical mechanisms;

XII.      Do not tamper with or attempt to repair objects, appliances or installations related to electricity, cables and other elements that are not isolated;

XIII.    In the case of heating appliances, they must be fixed, and

XIV.     The others that order the Law of the Federal Executive, the provisions corresponding to the Federal Law on Metrology and Standardisation and the applicable Mexican Official Standards.

Chapter IX

From Authorizations

Article 50. The Federation, the States, Municipalities, the Federal District and the political-administrative organs of its territorial demarcations, in the field of their respective powers and as determined by the Regulation, shall grant the respective authorisations to the Centres of Care where the persons concerned comply with the provisions of this Law and the following requirements:

I.         To present the application in which at least it is indicated: the population to attend, the services they intend to offer, the operating hours, the name and general data of the persons responsible, the staff with which they will be counted and their location;

II.       To have an insurance policy before eventualities that put at risk the life and physical integrity of girls and boys during their stay in the Care Centers. Such a policy shall also cover the liability and professional risks of the service provider to third parties as a result of a fact causing damage. The terms of the policies shall be in accordance with the provisions of the General Law on Mutual Insurance Institutions and Societies, as well as the provisions to be issued;

III.      Having an Internal Rules of Procedure;

IV.       Having technical-administrative, operational, and security manuals;

V.        To have a manual for mothers, fathers or those who have the guardianship, custody or responsibility for raising and caring for the child or child;

VI.       Have a Work Program that contains the activities to be developed in the Care Centers;

VII.      Having the infrastructure, facilities and equipment to ensure the provision of the service in safety conditions for girls, boys and staff;

VIII.    Have an Internal Civil Protection Program in accordance with Article 41 of this Law;

IX.       Comply with the licenses, permits and other authorizations in the field of civil protection, land use, operation, occupation, security and operations, structural security of the building and aspects of a sanitary nature. In their areas of competence, the authorities referred to above shall, in time and in form, attend to applications submitted in that regard;

X.        Have documents that demonstrate the required skills and training of the people who will provide the services;

XI.       Count on information from financial resources, furniture, equipment, teaching and consumption materials to operate, and

XII.      Comply with the requirements for the corresponding Mode and Type established by the Regulations of this Law to be issued by the Federal Executive, the normative and technical provisions of the Federal Law on Metrology and Standardisation and Applicable Mexican Official Rules.

Article 51. The authorizations referred to in the preceding article shall be valid for at least one year, without prejudice to the provisions of the provisions of this Article. legal and administrative rules. No Care Center may provide services for child care, care and comprehensive development without the appropriate authorization for civil protection.

Article 52. The work program referred to in Article 50 (VI) of this Law shall contain at least the following information:

I.         The rights of girls and boys listed in Article 11 of this Law;

II.       Training and educational activities and expected results;

III.      The manner in which each of the activities referred to in Article 12 of this Law shall be complied with;

IV.       The profile of each person who will work in the Care Centre directly linked to the work with girls and boys, as well as the specific activities to be entrusted to them;

V.        The forms and activities of support to parents, persons exercising guardianship or custody, or who is responsible for care and upbringing, to strengthen the understanding of their functions in the care, care and integral development of the child or child;

VI.       The mechanism to ensure reliability and security for the identification or recognition of persons authorised to deliver and receive girls and boys;

VII.      Procedures for the reception, processing, resolution and follow-up of complaints and suggestions by girls, children, the mother, the father or the person exercising legal custody, and

VIII.    The procedure for the delivery of information to parents, persons exercising guardianship or custody or who is responsible for care and parenting, on the integral performance and development of girls and boys.

Article 53. The information and documents referred to in Article 50 shall always be made available to persons who have the protection or custody or who have responsibility for the care and upbringing of girls and boys.

Chapter X

From Training and Certification

Article 54.- Staff working in the Service Centres who provide services will be required to participate in the training, updating, and training programmes. training and certification of skills as well as civil protection established by the competent authorities.

Article 55. Service providers for child care, care, and comprehensive child development will promote the training of their staff, so they must provide them with the necessary facilities for this purpose, in accordance with the relevant modality and without prejudice to the provisions of the labour law.

Article 56. The Federation, the States, Municipalities, the Federal District and the political-administrative organs of their territorial demarcations will determine According to the Mode and Type of care, the skills, training and skills to be counted by the staff who intend to work in the Care Centers. Similarly, it shall determine the types of examinations to which such staff shall be subjected, in order to ensure the health, education, safety and physical and psychological integrity of girls and boys.

Article 57. Staff working in the Care Centers will ensure an environment of respect in the framework of the rights of girls and boys.

Article 58. The Federation, the States, the Municipalities, the Federal District and its political-administrative bodies will implement actions to certify and permanently train the staff working in the Care Centers.

Chapter XI

From Social and Private Sectors Participation

Article 59. Through public policies related to the provision of services for child care, care and comprehensive development, the participation of the social and private sectors in the achievement of the objective of this Law and in accordance with national policy in the field.

Article 60. The Federation, the States, the Municipalities, the Federal District and the political-administrative organs of their territorial demarcations will promote the actions developed by individuals to achieve the purpose of this Law.

Chapter XII

From Inspection and Surveillance

Article 61. The Federation, the States, the Municipalities, the Federal District and the political-administrative organs of their territorial demarcations, in the field of their respective powers and as determined by the Regulation, must carry out, at least every six months, administrative verification visits to the Centres of Attention in accordance with the Federal Law of Administrative Procedure in the The Federal Government and the relevant local legislation in the sphere of competence of the Federative Entities.

Article 62. The visits referred to in the previous article will have the following objectives:

I.         Verify compliance with the requirements set forth by this Law and other applicable laws by service providers for child care, care and comprehensive development, and

II.       Inform the authority responsible for the timely detection of any risk to the physical or psychological integrity of girls and boys and request their timely action.

Article 63. The Council, in coordination with the governments of the Federal District, the Federal District and the political-administrative bodies of its Territorial demarcations and, where appropriate, the municipalities, will implement the Integral Program of Supervision, Accompanying, Monitoring and Evaluation of the operation, which will have the following objectives:

I.         Ensure progressive improvement and strengthening of services for child care, care and comprehensive development;

II.       Establish, within the framework of coordination between agencies and federal agencies, with the competent authorities of the governments of the federal entities, the Federal District and the political-administrative bodies of their demarcations territorial and, where appropriate, the municipalities, the mechanisms of operational technical collaboration to achieve effective monitoring of the compliance with this Law and the regulations governing the services;

III.      Avoid discretion and corruption in the allocation of authorizations to provide services for child care, care, and comprehensive development; and

IV.       Ensure timely detection and correction of any risk to the physical or psychological integrity of girls and boys.

Article 64. The parent, parent, guardian, or person who has the responsibility for care and parenting, may request the intervention of the appropriate authority to report any irregularities or non-compliance with the normativity or factor that may constitute a risk in the Care Centers.

Chapter XIII

Of The Assessment

Article 65. The assessment of the National Policy for Child Care, Care and Integral Development Services will be in charge of the Council. This evaluation will allow us to know the degree of compliance with the principles, objectives, criteria, guidelines and guidelines to be followed by the agencies and entities in the field, as well as to measure the impact of the provision of services in girls. and children.

Article 66. The Council shall carry out the assessment through one or more independent bodies which may be institutions of higher education, scientific research or non-governmental non-profit organizations.

Chapter XIV

Of The Precautorating Measures

Article 67. The competent verifying authorities may impose precautionary measures at the Attention Centers when warning situations that they may put at risk the integrity of the care and integral child development care subjects. These measures are:

I.         Written recommendation setting a period of up to 30 days to correct the cause of origin;

II.       Written warning, which will proceed in case the recommendation is not addressed within the prescribed period, indicating a term of up to ten days to correct the cause that motivated it, and

III.      Total or partial suspension of activities in the Care Center that will be maintained until the situation that gave rise to it is corrected. In the case of the authority, the case may be imposed independently of the other cases referred to in this Article.

Article 68. The time limits referred to in the preceding article may be extended as long as it is justified on the basis of the specific situation that originated the measure.

Chapter XV

Of Infractions and Sanctions

Article 69. The competent authorities may impose the following administrative penalties:

I.         Administrative fine;

II.       Temporary suspension of the authorization referred to in this Law, and

III.      Revocation of the authorization referred to in this Law and the cancellation of the registration.

Article 70. The administrative fine shall be imposed, in accordance with the applicable regulations and in the following cases:

I.         To completely or partially prevent the development of the visit by the relevant supervisors;

II.       Do not elaborate the food offered to children under the respective nutritional plan, and/or fail to meet the minimum balanced feeding requirements set out in the respective Official Standard;

III.      Modify the structure of the building or the distribution of the spaces without the permission of the competent authority;

IV.       Failure to comply with health and health care measures in terms of corresponding regulations, and

V.        To perform by the staff of the Attention Centers, some act of discrimination against any of its members.

Article 71. The causes of temporary suspension shall be imposed, in accordance with the applicable regulations and in the following cases:

I.         Do not have sufficient or competent staff to provide the services for child care, care and comprehensive development;

II.       Not to regularise the situation which gave rise to the imposition of the fine in such a way that the causes of the fine are still in force;

III.      Conduct activities with girls and boys outside the Care Center facility without the prior consent of parents, guardians, or those with responsibility for their care, care and parenting;

IV.       Failure to meet minimum quality and safety standards;

V.        Neglect by personnel who endanger the health or physical or psychological integrity of girls and boys;

VI.       Reoffend in any of the causes arising from the sanctions contained in the foregoing article, and

VII.      In case of loss of life or the existence of serious injuries in a child or child, as long as the responsibility is dislocated to the Care Center or related staff.

Article 72. Are causes of revocation of the authorization and cancellation of the registration shall be imposed, in accordance with the provisions of the applicable regulations and in the following cases:

I.         Loss of life or existence of serious injury to a girl or child, accredited by an enforceable judgment that has caused state and is attributable to the failure to comply with the provisions contained in this Law;

II.       The existence of any sexual offence credited to the staff of the Care Centre by executing sentence that has caused state, and

III.      The non-regularisation of the situation which gave rise to the imposition of a temporary suspension in such a way that the causes of the suspension remain in force.

Article 73. Violations of the precepts of this Law, its regulations and provisions emanating from it, by the public servants of the Federation, they constitute an infringement and will be punished in the terms of the Federal Law on Administrative Responsibilities of Public Servants, without prejudice to the penalties that correspond to them when they constitute crimes.

Article 74. In case violations of the provisions of this Law, its regulations and provisions emanating from it, are carried out by public servants of the federal authorities, of the political-administrative organs of the territorial demarcations of the Federal District or of the municipalities, shall be punished in the terms of the current state laws, without prejudice to the penalties that correspond to the where they constitute criminal offences.

Article 75. The commission of crimes against girls and boys in the Centers for Care, Care and Child Integral Development will be sanctioned according to the established in the relevant criminal law.

TRANSIENT

First.- This Law shall enter into force the day after its publication in the Official Journal of the Federation.

Second.- The regulatory provisions of this Law shall be issued by the Federal Executive Branch within 180 days of the entry into force of this Law. same.

Third.- The Decree establishing the National System of Child Guardries And Stays, published in the Official Journal of the Federation on May 10 2007 shall remain in force as long as the Council referred to in this Law is installed. Such installation shall be carried out within a period not exceeding 180 days from the entry into force of this Law.

Fourth.- The service providers for child care, care and integral development that are operating prior to the entry into force This Law shall have a period of one year from the entry into force of this Decree to bring the Centers of Attention and its internal regulations into line with the provisions of this Law.

Fifth.- The Federative Entities will have a one-year deadline to issue their respective laws on the subject or to adjust the existing ones according to the present Law, from the day this Decree enters into force.

Sixth.- Within a period of one year from the day this Decree enters into force, the adjustments and additions to the legislation in the field of civil protection, in federal and state order, in order to establish the safety conditions for girls and boys in the Care Centers.

Seventh.- The Council referred to in this Law will have 180 days from its installation to elaborate a diagnosis on the state of the National Care Centers.

Eighth.- Actions that, if any, should be performed by the Federal Public Administration's agencies and agencies shall be progressively resolved and subject to the availability of the Federation's Budget of Eps approved by the Chamber of Deputies for the appropriate fiscal year.

Mexico, D.F., to September 14, 2011.-Sen. José González Morfin, President.-Dip. Emilio Chuayffet Chemor, President.-Sen. Cleominio Zoreda Novelo, Secretary.-Dip. Cora Cecilia Pinedo Alonso, Secretariat.-Rubicas. "

In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I request the present Decree in the Federal Executive Branch, in Mexico City, Federal District, to twenty-three October of two thousand eleven.- Felipe de Jesús Calderón Hinojosa.-Heading.-The Secretary of the Interior, José Francisco Blake Mora.-Heading.