Key Benefits:
Law of 1 March 2014 on rules on municipal responsibility for prevention, support, assistance, and care for youth and parents in the event of growth and nutrition problems, mental health problems and disorders (Youth Act)
We Willem-Alexander, at the grace of God, King of the Netherlands, Prince of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we have considered that it is desirable to have responsibility for preventing, supporting, assisting and caring for growth and nutrition problems, mental health problems and disorders, the implementation of the to invest child protection measures and youth rehabilitation in the municipality, to improve the cooperation of aid workers around families, previous support for growth and nutrition problems, mental health problems and disorders, aid on the environment and health care. size and more space for professionals and to demedicalise, disrespect and normalize the youth sector, the starting point being that the responsibility for the healthy and safe growing up of young people is first and foremost among the parents and the youthful self;
It is true that we, the Department of Consultative Affairs of the Council of State, and with the mean consultations of the States-General, have found and understand the same as We approve and understand:
For the purposes of this Act and the provisions based thereon, the following definitions shall apply:
- Accommodation: a construction site or part of an engineering facility with the relevant site, where youth assistance is provided by, or on behalf of, a youth aid provider;
- advice and reporting of domestic violence and child abuse: advice-and report domestic violence and child abuse as intended in Article 4.1.1 of the Social Support Act 2015 ;
- Civil Service Number: civilian service number as specified in Article 1 of the Act General Provisions Civil Service Number ;
- Calamity: unintended or unexpected event, which relates to the quality of the youth aid and which has resulted in a serious adverse effect on, or death of, a young or a parent;
- College: College of Mayor and Aldermen;
- File: any data recorded in writing or electronically in relation to the provision of youth assistance to a young or older person or to the implementation of a child protection measure or youth rehabilitation measure;
- family call plan: aid plan or plan of approach drawn up by parents, together with relatives, relatives or others belonging to the social environment of the juvenile;
- certified setting: legal person holding a certificate or provisional certificate as intended for Article 3.4 and which carries out a child protection measure or youth rehabilitation measure;
- Qualified behavioural scientist: behavioural scientist belonging to a category designated by our Ministers;
- Enclosed accommodation: a construction site or part of an engineering facility with its area of operation, where youth assistance is being concluded;
- Closed youth aid: Admission, residence and youth assistance in enclosed accommodation on the basis of an authorisation as specified in the Articles 6.1.2 , 6.1.3 or 6.1.4 ;
- violence in the provision of youth aid or the implementation of a child protection measure or youth rehabilitation: physical, mental or sexual violence towards a young person or a parent, or threat thereof, by someone working for the youth aid provider or a certified institution, or by a person working for a legal person who is a member of the a request from the provider or certified institution providing youth assistance, or by any other young or older with whom the young or older is staying with the provider during the dinner period or a daily part;
- Domestic violence: domestic violence as referred to in Article 1.1.1 of the Social Support Act 2015 ;
- aid plan: plan for the provision of youth aid as referred to in Article 4.1.3 and Chapter 6 ;
- inspection: Youth care inspection, specified in Article 9.1 ;
- Youth darts: medical practitioner KNMG in the profile register of youth health care set up by the College Physician of the Royal Netherlands Society for the promotion of the medicine;
- youth health services: Youth health care as intended Article 1 of the Public Health Act ;
- Youth assistance:
1. support and assistance and care, other than prevention, to young people and their parents in reducing, stabilizing, treating and eliminating or dealing with the consequences of mental health problems and disorders, psychosocial problems, behavioural problems or an amicable reduction in the youthful, nutritional problems of parents or adoptive-related problems;
2. to promote participation in social traffic and the independent functioning of young people with somatic, mental, physical or sensory disabilities, chronic mental problems or psychosocial problems. and have not reached the age of 18 years; and
3 °. supporting or taking over personal care activities aimed at eliminating a lack of self-reliance in young people with mental, physical or sensory impairment or a mental health disability. somatic or psychiatric disorder or limitation, which have not reached the age of 18 years,
except that the age limit of 18 years does not apply to youth aid in the context of juvenile criminal law;
- Youth aid provider:
1 °. natural person who, the connection of natural persons or the legal person who makes business youth under the responsibility of the college;
2 ° solistically employed youth aid worker under the responsibility of the college;
- Youth aid worker: natural person providing youth support;
- Juvenile: person who:
1. the age of eighteen years has not yet been reached,
2. the age of 18 has reached the age of eighteen and with regard to whom on the basis of Article 77c of the Code of Criminal Law right is done according to the Articles 77g to 77gg of the Code of Criminal Law , or
3 °. the age of eighteen years but not the age of twenty-three years and in respect of whom on the basis of this law:
-it is stipulated that the continuation of youth aid as referred to in subparagraph 1, the grant of which had been started before the age of eighteen years of age, is necessary;
-before reaching the age of eighteen years, provision has been made for the need for youth assistance; or
-has been determined that, once youth aid has been completed before the age of 18 years of age, a resumption of youth aid must be resumed within a period of half a year;
- youth rehabilitation: reclassical work, mentioned in Article 77h, 1st paragraph, of the Penal Code , guidance, referred to in Article 77hh, second paragraph, of that Code and supervise and supervise youth participating in a training and training programme as referred to in Article 77h. Article 3 of the PrincipLaw of the Judicial Youth Directions , the indication of the instructions referred to in Article 12 (5) of that Law , or the other tasks entrusted to or under the law to the certified institutions;
- Child protection measure: guardianship and provisional custody on the basis of Book 1 of the Civil Wetboe k, under surveillance, specified in Article 255, 1st paragraph, of Book 1 of the Civil Code and provisional surveillance of the goods referred to in Article 257, 1st paragraph, of Book 1 of the Civil Code ;
- child abuse: any form of an underage threatening or violent interaction of physical, psychic or sexual nature, which is active by parents or other persons in relation to whom the minor is in a relationship of dependence or of imfreedom or passive intruding, causing serious harm or threatening to harm the minor in the form of physical or mental injury;
- social support: social support as intended in Article 1.1.1 of the Social Support Act 2015 ;
- authorisation: authorization referred to in Article 6.1.2 ;
- Medical specialist: Medical specialist who is registered as a specialist in a register established by the College Physician Specialties of the Royal Netherlands Society for the promotion of the medicine Article 14 of the Act on appeals in individual health care ;
- Our Ministers: Our Minister for Health, Welfare and Sport and our Minister of Security and Justice together;
- Inaddition to problems of growth and nutrition disorders, mental health problems and disorders:
1. mental health problems and disorders, psychosocial problems, behavioural problems or a mental impairment of the youthful, nutritional problems of parents or adoptive related problems;
2. restrictions in the self-reliance and societal participation related to somatic, mental, physical or sensory impairment, chronic mental health problem or psychosocial problem in a youthful who is the age. has not yet reached 18 years, and
3 °. a lack of self-reliance in relation to a mental, physical or sensory impairment or somatic or psychiatric condition or limitation in a juvenile who has not reached the age of 18 years;
- older: Authoritative parent, adoptive parent, stepparent, or any other person caring for and raising a juvenile as belonging to his family, not being a foster parent;
- personal data, processing, file, and other responsible persons: which is understood to be in the Personal data protection law ;
- plan of approach: plan relating to the implementation of a child protection measure or youth rehabilitation plan as referred to in Article 4.1.3 ;
- foster parent: person who is a young person who is not his child or a stepchild, as part of his family, and for that purpose a foster contract as referred to in Article 5.2, first paragraph , has closed with a foster care provider;
- foster parent guardian: foster parent who is also in charge of custody as intended Book 1 Civil Code ;
- foster care provider: youth aid provider providing foster care;
- prevention: for prevention-oriented support for young people with or young people with a risk of mental health problems and disorders, psychosocial problems, behavioural problems or mental disabilities or parents with or at risk of nutritional problems;
- criminal decision: decision of the district attorney or strait judge applying Title VIII A of the First Book of the Criminal Code or a decision as referred to in Article 493 of the Code of Criminal Procedure ;
- confidence person: person supporting youth, parents or foster parents at their request in matters related to the statutory duties and responsibilities of the college, the youth aid provider, the certified institution and the advice and reporting point domestic violence and child abuse;
- Index: Index of risk young persons referred to in Article 7.1.2.1 ;
- Residence:
1. place of residence referred to in Title 3 of Book 1 of the Civil Code ;
2 °. in the case of the juvenile custody of a certified institution: the place of the actual stay of the juvenile;
3 °. where the place of residence, within the meaning of 1 ° and 2 °, is unknown or outside the Netherlands: the place of the actual stay of the juvenile at the time of the aid;
4 ° in case the young has reached the age of eighteen: the place of residence of the young, which is intended to be the place of residence of Article 10 of Book 1 of the Civil Code .
1 The College is not required to make provision on the basis of this Law:
a. If there is a claim of care as directed at or under the conditions of Long-term care law or the Principles of Principles Judicial Youth Directions or a right to care as intended by or under the Health insurance law , or
(b) where, in the opinion of the college in respect of the problem, there is a claim under another legal provision, with the exception of a measure providing for guidance as referred to in Article 3 (1) of the Treaty; Article 1.1.1 of the Social Support Act 2015 .
2 If there are several causes underlying the problem and thereby both a form of concern, based on a claim to care and to the purpose of or by virtue of the Long-term care law or a right to care as intended by or under the Health insurance law , if a similar provision can be obtained pursuant to this Act, the College shall be obliged to make such provision under this Law.
3 By way of derogation from the first paragraph, the College shall be required to make provision under this law if youth aid is intended to be: Article 2.4, second paragraph, part b .
4 The college may refuse a provision if the college has reasonable grounds to believe that the client can claim residence in an institution on the basis of the Long-term care law , or refuses to cooperate in obtaining a decision on this matter.
1 This Law shall apply to young people who are living in the Netherlands.
2 The college is held to strike a facility as referred to in Article 2.3, first to third paragraphs , and give execution to Article 2.4, second paragraph , in the case of foreigners who are legitimately staying in the Netherlands. For the purposes of this Article, 'foreigner' means any of the following: Aliens Act 2000 .
3 In the case of or under general management measure, by derogation from the second paragraph, and, if necessary, by derogation from Article 11 of the Aliens Act 2000 -the responsibility of the college referred to in paragraph 2, for categories of foreign nationals legally binding in the Netherlands, or to be notified under that general measure of management, shall be limited, having regard to the nature, place or location of the body. expected length of their stay.
4 By way of derogation from the second paragraph, by derogation from the second paragraph, or by way of derogation from Article 10 of the Aliens Act 2000 , the responsibility of the college referred to in paragraph 2 shall be extended, in whole or in part, to categories not legally binding in the Netherlands to any categories of foreign nationals which are to be notified under that general measure of management.
5 A provision as intended Article 2.3, first to third paragraphs , and the execution of Article 2.4, second paragraph , a stranger does not claim to be lawful residence.
Municipal policy on prevention, youth assistance, child protection measures and youth rehabilitation and the implementation of youth assistance, child protection measures and youth rehabilitation measures are targeted at:
a. The occurrence and early warning of and early intervention in the case of opgrowth and nutritional problems, mental health problems and disorders;
b. Strengthen the educational climate in families, neighbourhoods, neighborhoods, schools, childcare and playrooms;
(c) to promote parents ' educational skills so as to be able to assume their responsibility for the education and growing up of young people;
d. To enable, restore and strengthen the capabilities and problem-solving abilities of the young, parents and individuals who belong to their social environment, taking as far as possible their own input;
e. promoting the safety of the young in the educative situation in which he grows up;
f. comprehensive assistance to the youthful and his parents, if there is a multiproblem; and
g. establish and execute family call plans and provide assistance based on family call plans, in order to implement: Article 4.1.2 and if there are early signs of growth and withdrawal problems, mental health problems and disorders.
1 The City Council shall periodically draw up a plan to address decisions to be taken by the local council and the college on prevention and youth assistance, the implementation of child protection measures and youth rehabilitation.
2 The plan sets out the main aspects of the policy to be implemented by the municipality as regards prevention, youth aid, the implementation of child protection measures and youth rehabilitation, and in any event, it shall indicate:
a. What the municipal vision and objectives are of this policy;
b. how this policy will be implemented in relation to the responsibility of the college on the advice and reporting point of domestic violence and child abuse, and what actions will be taken in the period covered by the plan;
c. what results the municipality intends to achieve in the period covered by the plan, how measured will be achieved whether these results have been achieved and the outcomecation criteria used in the field of youth aid providers and certified institutions;
d. how the college will give effect to Article 2.7, second paragraph , and how it is ensured that the youth aid provider fulfils the requirements of the responsibility allocation, established at or under the terms of Article 4.1.1, second paragraph In conjunction with 4.1.5, first paragraph ;
e. the way in which the city council and the college have settled the needs of small target groups; and
f. how the College will implement the Convention on the Rights of Persons with Disabilities (Trb), established in New York on 13 December 2006. 2007, 169).
3 As far as reconciliation of and effective cooperation with education is concerned, the plan shall not be established beyond after consultation of the plan on a concept of the plan with the grouping, as appropriate in Article 18a of the Law on Primary Education and the grouping referred to in Article 17a of the Law on secondary education . The consultations with these groupings shall take place in accordance with a procedure established by the grouping and the college of the municipality or municipalities. The procedure shall contain a dispute settlement facility.
1 If, in the opinion of the college, a young or a parent needs youth assistance in connection with growth and nutrition problems, mental health problems and disorders and in so far as its own capabilities and problem-solving potential be inadequate, the College shall, for the benefit of the young person living within its municipality, take care of youth benefits and ensure that the College provides expert guidance, advice on, provision of, and the provision of information to the institution of the the use of the designated device, enabling the juvenile to:
a. Healthy and safe to grow;
b. To grow according to self-sufficiency; and
c. to be sufficient self-reliant and to participate in a social role,
taking into account its age and development level.
2 Assistance in the field of youth assistance shall include, as far as the college considers necessary in relation to a medical necessity or limitations in the self-reliance, the transport of a juvenile from and to the location where the youth assistance is shall be provided.
3 If a youthful person who has not reached the age of eighteen has been designated for permanent supervision and that youth aid as intended Article 1.1, below 2 ° or 3 ° , or nursing as intended by or under Article 11 of the Zorginsurance Act The College shall, if necessary, take the necessary measures which enable parents to continue to play their role as carers and educators.
4 In determining the designated form of youth aid, the College shall take reasonable account of:
a. needs and personal characteristics of the young and his parents; and
b. the religious affiniation, life conviction and cultural background of the youthful and his parents.
5 As far as reasonably practicable, the young and his parents shall be given freedom of choice in relation to the activities of youth assistance.
6 The college shall ensure that the juvenile is placed in the case of a home placement, if reasonably possible, in a foster parent or a family home, unless this is demonstrably not in the interest of the youthful.
1 Once the college comes to the conclusion that a measure relating to the authority of a minor to his place of residence should be considered within its municipality, the college shall make a request for examination to the Council for the purpose of establishing a child protection.
2 The college is for the benefit of a young person who has his place of residence within its municipality responsible for the implementation of the child protection measures, of youth rehabilitation and of the youth assistance arising from a criminal law decision, which in any case implies that the college:
a. provides an adequate supply of certified institutions; and
(b) the youth assistance which the certified institution considers necessary for the implementation of a child protection measure or is necessary in connection with the implementation of an authorisation to include home placement as referred to in Article 3 (2). Article 265b of Book 1 of the Civil Code , as well as the youth assistance bet that the judge, the public prosecutor, the selection practitioner, the installation doctor or the director of the judicial juvenile court deem necessary in the execution of a criminal decision or who are the (i) certified institution must comply with the implementation of youth rehabilitation.
3 The College shall ensure that the implementation of the Child Protection Measures and Youth Reclassification is reasonably taken into account in:
a. needs and personal characteristics of the young and his parents; and
b. the religious affiniation, life conviction and cultural background of the youthful and his parents.
To execute Article 2.3, fourth paragraph , and Article 2.4, third paragraph In any event, the college shall ensure that appropriate youth aid is deployed or an appropriately certified institution carries out the child protection measure or youth rehabilitation measure.
1 In any event, the College shall be responsible for the following:
a. there is a qualitative and quantitatively sufficient supply to fulfil the tasks as defined in the Articles 2.2 , 2.3 and 2.4, second paragraph, part b , to be able to comply;
b. Youth aid is offered and available at all times and available at all times in a low-threshold and identifiable manner, in situations where immediate execution of tasks is provided;
c. Those who work professionally with young people can obtain expert advice on questions and problems relating to growth and nutrition problems, mental health problems and disorders;
d. Young people free of charge and anonymous advice on questions submitted by them with regard to growth and nutrition problems, mental health problems and disorders;
e. provides for measures to combat child abuse;
f. youth, parents or foster parents can appeal to a confidential counswoman; and
g. youth aid is also accessible after referral by the general practitioner, the medical specialist and the youth darts, without prejudice to the professional standard used in this. Article 453 of Book 7 of the Civil Code .
2 The College is responsible for providing a confidential person with full legal capacity independent of the college, the youth aid provider, the certified institution and the advice and reporting point. domestic violence and child abuse and of persons employed by the college, the youth aid provider, the certified institution and the advice and reporting point and shall give the confidence person the opportunity to exercise its task.
3 What in Article 4.1.6, first, second, third and fifth members , as regards the youth aid provider, shall apply mutatis mutandis to the college, in so far as it concerns persons who, under the responsibility of the college, carry out activities relating to the provision of advice to, advice and advice on the provision and use of the designated provision.
1 The College shall, where necessary, enter into an individual provision in consultation with the competent authority of a school as referred to in Article 4 (1). Article 1 of the Law on Primary Education , Article 1 of the Law on secondary education , Article 1 of the Law at the centres of expertise or of an institution as referred to in Article 1.1.1 of the Education and Vocational Education Act -Where the juvenile school is.
2 At the college, the accountability requirements are set at or under the terms of Article 4.1.1, second paragraph In conjunction with 4.1.5, first paragraph -mutatis mutandis, with regard to persons who, under the responsibility of the College, are carrying out activities relating to the allocation of, advisory and provision to, and provision of, the designated provision and to the provision of persons employed by the college in order to provide youth assistance.
3 The college assures its commitment to the designated provision that the youth aid provider is able to meet the accountability allocation requirements set by or pursuant to the rules. Article 4.1.1, second paragraph In conjunction with 4.1.5, first paragraph .
4 The college makes appointments with general practitioners, medical specialists, youth physicians and health insurance providers on the terms and conditions under which the referral is intended. Article 2.6, first paragraph, part g , takes place, without prejudice to the professional standard to be used in this regard Article 453 of Book 7 of the Civil Code .
5 The College votes on the manner in which it carries out its responsibilities under this Act, with health insurers in view of the legal responsibilities of those latter.
1 The colleges shall cooperate with each other, if it is appropriate for the effective and efficient implementation of this Act.
2 In the case of a general measure of management, areas within which colleges shall cooperate with a view to the coherent implementation of the tasks assigned to the colleges and the local councils by or under this law and other laws, only if the necessary cooperation is lacking in these areas and after our Ministers have engaged in concerted action with the relevant colleges. That measure may lay down rules on the form of cooperation.
3 The nomination for a general measure of directors to be adopted under the second paragraph shall be made by Our Ministers in accordance with our Minister of Home Affairs and Kingdom Relations.
4 The nomination for a general measure of directors to be adopted under the second paragraph shall not be made after the draft in the Official Journal has been published and each has the opportunity to do so within four weeks of the day on which it has been published. the publication has been made, wishes and concerns of our Ministers to be brought to the attention of our Ministers. At the same time as the publication, the draft shall be submitted to the two Chambers of the States-General.
The municipal council shall, by means of a regulation and in compliance with the provisions of this law, lay down rules in each case:
a. to the individual provisions and other provisions to be granted by the College, as regards the conditions for the award and the method of assessment of, and the factors relating to the weighting of an individual facility;
b. on the manner in which access to and the granting of an individual provision is matched by other provisions in the areas of care, education, social support, work and income;
c. the manner in which the level of a personal budget as referred to in Article 8.1.1 shall be established; and
d. to combat the wrongfully received of an individual provision or a personal budget, as well as misuse or improper use of the law.
The Article 2.1.3, third paragraph , and 2.5.1 of the 2015 Social Support Act shall be applicable mutatis mutandis.
1 The College may, subject to the determination of the rights and obligations of the young or his parents, make the implementation of this Law by third parties.
2 If the delivery of youth aid or the execution of a child protection measure or youth probation is tendered, the college awards the public contract based on the most economically advantageous tender and makes it available in the an announcement of the public contract notice which sets out the criteria for the application of the criterion of the most economically advantageous tender, including in any case a quality criterion.
3 By way of derogation from Article 2.114, 2nd paragraph, of the Procurement Act 2012 the College may award a public contract not only on the basis of the criterion of the lowest price.
With a view to cases where, as regards youth, child protection measures or youth rehabilitation Article 2.11, first paragraph , is applied, regulations are laid down to ensure a good relationship between the price of the delivery of youth aid or the implementation of a child protection measure or youth rehabilitation and the requirements imposed on it. the quality thereof. It shall take into account the expertise of the professional forces and the applicable conditions of employment.
1 If the college has entered into an agreement with a youth aid provider or certified institution, the college shall ensure that the youth aid provider or certified institution with those before him on behalf of the college. youth aid, whether child protection measures or youth rehabilitation schemes have been implemented, in consultation with:
a. the acquisition of the personnel concerned, without prejudice to the provisions of the Articles 662 and 663 of Book 7 of the Civil Code , and
b. to continue as much as possible of existing aid relationships between youth aid workers or staff of the certified institution and young people or their parents.
2 The College shall ensure that the youth aid provider or certified institution makes as much effort as possible to the acquisition, as referred to in paragraph 1 (a), and to the provision of existing aid relations as referred to in the first paragraph, part b, to be achieved.
1 By or under general management measure, rules on available expertise for the allocation, advisory and determination of designated supply are set up. Article 2.3, first paragraph , as well as for the performance of the tasks, Article 2.6, first paragraph, parts b and c .
2 In the case of, or under general management, rules may be laid down on how the college provides for sufficient supply to fulfil the tasks referred to in the Article 2.3 It can be met, distinguishing between categories of youth assistance.
1 The child protection Board shall examine the need to implement a child protection measure if the college, a youth aid provider designated for that purpose by the college, is a certified institution or the advice and reporting point Domestic violence and child abuse have made a request for this purpose.
2 The Child Protection Board may also carry out an examination as referred to in paragraph 1 where:
a. an acute and serious threatening situation for the minor; or
b. in the implementation of any other statutory task of the Board of Child Protection, it appears that there is a case where a child protection measure should be considered.
3 The Child Protection Board shall, without delay, inform the college or any youth aid provider designated for that purpose by the college, as referred to in the second paragraph.
4 The certified institution which has made a request for examination as referred to in paragraph 1 shall, without delay, notify it to the college or to a youth aid provider designated by the college.
5 The Children ' s Protection Board and the College lay down the manner of cooperation in a protocol.
6 In any case, the protocol provides for the way in which the Board of Child Protection and the College consult on which certified institution is to be included in the application to the courts.
1 A child protection measure or youth reclassification is performed exclusively by a certified institution.
2 A certified institution does not offer youth assistance.
The Board of Child Protection and the certified institution are required to make reports or petitions the relevant facts in full and on the basis of truth.
1 Our Minister of Security and Justice designates the certifying institution.
2 The certifying institution referred to in paragraph 1 shall decide on application for the issue of a certificate and a provisional licence and shall be entitled to withdraw or suspend a issued certificate.
3 A certificate or a provisional certificate shall be issued if the applicant complies with the rules laid down in this Act.
4 Our Minister for Security and Justice establishes a standards framework, to which the applicant must comply to obtain a certificate. It shall, in any event, include requirements concerning:
a. The expertise of the staff member of the certified institution;
b. the methods used and the interventions used;
c. the organisation and its processes; and
d. the cooperation with other organizations.
5 A certificate is issued for a period of three years and a provisional certificate is issued for a period of two years.
6 In the case of, or under general management, detailed rules shall be laid down on:
(a) the requirements to be met by the certifying institution referred to in paragraph 1 and the supervision by Our Minister of Security and Justice of that institution;
b. the manner in which the application for a certificate or for a provisional certificate is made and the information provided by the applicant;
c. the grounds on which and the cases in which a certificate is suspended or revoked; and
d. the allowance payable in connection with the costs of processing an application for a certificate or provisional licence;
e. the audit by the certifying institution of the certificated institutions; and
f. the fee payable by the certified institution in relation to the costs of the audit by the certifying institution.
1 The certified institution determines whether and, if so, which youth assistance has been designated in the implementation of the Child Protection Measure or Youth Reclassification. For this purpose, it shall refer to the College of the municipality where the young person is domicile.
2 Article 2.3, sixth paragraph , shall apply mutatis mutandis.
3 The certified institution and the college shall lay down the manner of presentation in a Protocol.
4 The first paragraph shall continue to apply where the obligation to provide youth assistance is a direct result of a criminal decision.
1 The youth aid provider and the certified institution provide responsible assistance, including a good level of assistance, which will in any case be safe, effective, efficient and client-oriented and tailored to the real needs of the institution of the young or older.
2 The youth aid provider and the certified institution shall organise themselves in such a way as to provide a qualitative and quantitative set of personnel and equipment and ensure a responsibility for the allocation of responsibilities, which shall be such as to ensure that the Lead or reasonably lead to responsible aid. The youth aid provider and the certified institution hereby involve the results of consultations between youth aid providers, the college and client organisations. As far as youth assistance is concerned that a young or parent will stay in an accommodation for at least one dinner, the youth aid provider shall also ensure that mental care is available in the accommodation of the accommodation, which corresponds as much as possible to the religion or belief of the young or older.
3 The worker shall comply with the care of a good provider of aid in the course of its work, and shall act in accordance with the responsibility of the aid provider, which shall result from the professional standard applicable to that aid provider.
When performing Article 4.1.1 and if there are early signs of opgrowth and nutrition problems, mental health problems and disorders offers the youth aid provider or the certified institution the first to, within a reasonable period of time, a establish a family call plan. The foregoing shall not apply to the certified institution performing youth rehabilitation or exercising custody in the event of termination of the parental authority. Only if the parents have given to the youth aid provider or the certified institution that they do not wish to make use of the possibility referred to in the first sentence, concrete threats in the development of the child for this purpose. give rise to or otherwise harm the interests of the child, the youth aid provider or the certified institution may refrain from doing so.
1 In this Article and the provisions based thereon, plan shall be understood as: plan of aid or plan of action.
2 If aside from drawing up a family call plan involves performing: Article 4.1.1 working on the basis of a plan for consultation with the young and parents and tailored to the needs of the young.
3 If there is foster care, the plan shall also consult with the foster parent concerned.
4 Unless it relates to the implementation of a child protection measure or youth rehabilitation or juvenile rehabilitation, the plan may be agreed orally with the young and parents. If the juvenile, one of the parents or the youth aid provider wishes, the plan will be written in writing within 14 days.
5 The plan shall be determined no later than six weeks after it has been established that it will not be the subject of a family plan.
6 If the plan relates to foster care, the plan needs the consent of the foster parent to the description of his role in the aid process and the way in which the guidance is provided by the foster care provider. shall be.
1 Running the Article 4.1.1, second paragraph It includes systematic monitoring, management and improvement of the quality of aid.
2 In implementation of the first paragraph, the youth aid provider or certified institution shall, according to the nature and size of the institution, ensure that:
(a) the systematic collection and registration of information on the quality of the aid;
b. The data referred to in point (a) shall be used in a systematic manner or in the manner in which they are to be executed; Article 4.1.1, second paragraph , leads to responsible aid, and
c. to change the manner in which the review is based on the outcome of the review referred to in (b). Article 4.1.1, second paragraph , it will be executed.
3 In the case of aid referred to in paragraph 1, the following shall be understood to mean the guidance provided by the foster care provider of a foster parent during the placement of a young person.
1 In the case of a general measure of management, if the level of aid so requires, detailed rules may be laid down for the implementation of the Articles 4.1.1, second paragraph , 4.1.3 and 4.1.4 .
2 If execution of the Articles 4.1.1, second paragraph , 4.1.3 and 4.1.4 in accordance with the rules laid down pursuant to the first paragraph, it is not proved to lead to responsible aid, and a general measure of management may also lay down detailed rules as regards Article 4.1.1, first paragraph.
3 The proposal for a general measure of management to be adopted under the first or second paragraph shall not be taken after the draft in the Official Journal has been published and shall be given to any person within four weeks of the day of the draft to which the publication is made, wishes and concerns of our Ministers to be brought to the attention of our Ministers. At the same time as the publication, the draft shall be submitted to the two Chambers of the States-General.
1 The youth aid provider and the certified institution are in possession of a statement about the behaviour as referred to in Article 28 of the Law and Criminal Justice Act of persons who, in their professional or non-occasionally volunteer assignment, may be in contact with young persons or parents to whom the youth aid provider provides youth assistance or child protection or youth rehabilitation imposed.
2 A statement as referred to in paragraph 1 shall not be issued earlier than three months before the date on which the person concerned was to work for the youth aid provider or certified institution.
3 If the youth aid provider, the certified institution or any Article 9.2 Supervised officer may reasonably suspect that a person no longer meets the requirements for issuing a declaration as referred to in the first paragraph, shall require that person to make a statement as soon as possible is referred to in the first paragraph, which is not more than three months old.
4 The youth aid provider referred to under 2 ° in Article 1.1 is in possession of a statement as referred to in the first member of its own, who is not older than three years.
5 In the case of a general measure of administration, for the purpose of ensuring responsible aid and for the purpose of monitoring and maintaining the rules laid down in or pursuant to this Law, a register may be established for: youth aid providers, certified institutions and persons referred to in the first paragraph. It may be possible to lay down detailed rules on that register by or on the basis of that measure. In any case, these rules shall cover:
a. form of the register;
b. the information to be entered in the register;
The recording of data in the register and the deletion of data from them;
d. the manner in which the improvement of inaccuracies in the register takes place;
e. the provision of data;
f. the public access to data; and
g. the responsibilities of those who supply data for the purposes of the register.
1 The youth aid provider and the certified institution shall establish a code of reporting setting up incrementally as a result of signals of domestic violence or child abuse.
2 The milk code shall be arranged so as to reasonably contribute to providing assistance as quickly and adequately as possible.
3 The youth aid provider, referred to under 1 ° in Article 1.1 and the certified institution shall promote the knowledge and use of that reporting code among those who work for him.
4 In the case of or under general management measures, it shall be determined from which elements a milk code exists in any case.
1 The youth aid provider and the certified body shall report without delay to the officials in charge of supervision under this Act:
a. Any calamity that has taken place in the provision of youth aid or for the implementation of a child protection measure or youth rehabilitation measure; and
b. Violence in the provision of youth assistance or the implementation of a child protection measure or youth rehabilitation measure.
2 The youth aid provider, the youth aid provider and the certified institution shall provide the information, including the information referred to in paragraph 1, as a result of a notification referred to in the first member, to the competent authorities responsible for supervision personal data, data relating to health and other special personal data, necessary for the examination of the notification.
1 The youth aid provider and the certified institution shall give a confidence person the opportunity to exercise its task.
2 In the case of general management measures, rules shall be laid down concerning the duties and powers of persons of confidence and the obligations of the college, in so far as it concerns the allocation of, advice on, provision and use of the provision of the designated provision, youth aid providers and certified institutions.
3 The legal person to whom a person of confidence is employed shall be in possession of a certificate of conduct as referred to in Article 3 (1). Article 28 of the Law and Criminal Justice Act of that confidence person.
4 A declaration as referred to in paragraph 3 shall not be issued earlier than three months before the date on which the confidential person was to work for the legal person concerned.
5 If the relevant legal person or any person Article 9.2 The supervising officer may reasonably suspect that a person of confidence no longer meets the requirements for issuing a declaration as referred to in paragraph 3, shall require that confidential person to have such a declaration as soon as possible. Re-records as referred to in paragraph 3, which shall not be older than three months.
1 The youth aid provider and the certified body shall arrange for the treatment of complaints about conduct of them or persons employed by them towards a young, parent, parent without authority, guardian, the person who is otherwise than together with the parent exercising authority over the juvenile exercise or a foster parent in the context of the provision of youth aid, the implementation of a child protection measure or youth rehabilitation. They shall bring the scheme to their attention in an appropriate manner.
2 The scheme referred to in paragraph 1 shall:
a. provides that the complaints of the young, parent, parent without authority, guardian, the one who otherwise than as a parent together with the parent exercise the authority over the juvenile or the foster parent are treated by a Complaints Committee that consists of ten At least three members, including a chairperson not working for or with the youth aid provider or the certified institution;
(b) ensure that the handling of a complaint is not taken part of by a person on whose conduct the complaint is directly related;
(c) ensure that within a period laid down in the scheme, the Complaints Board shall, upon submission of the complaint, give the complainant, the person complained of and, if this is not the same person, the youth aid provider or the certified institution, state in writing and reasoned opinion of its opinion on the substance of the complaint, whether or not accompanied by recommendations;
By way of derogation from the period referred to in (c), it shall ensure that the Commission gives a reasoned communication to the complainant, the person complained of and, if it is not the same person, the youth aid provider or the certified person institution, indicating the period within which the Complaints Board will deliver its opinion on the complaint;
e. to ensure that the complainant and the person complained of by the Complaints Board are given an opportunity to comment orally or in writing on the conduct complained of, and
f. to ensure that the complainant and the person complained of have been complained to assist in the handling of the complaint.
3 The youth aid provider and the certified institution shall ensure that the complaints board referred to in paragraph 2 (a) carries out its work in accordance with a regulation to be adopted by that committee.
4 In the case of the Complaints Committee referred to in paragraph 2 (a), a complaint against a youth aid provider or a certified body may be made on a conduct of those persons or of persons working for them against a young person, parent, older without authority, guardian, the person who, unlike any parent with the parent, exercises the authority over the juvenile exercise or a foster parent:
a. by or on behalf of the young, parent, parent, without authority, guardian, the person who, unlike the parent, has the authority over the juvenile exercise or the foster parent; or
b. By a post-existent, if the young, older, parent without authority, guardian, the one who otherwise than as a parent together with the parent exerts authority over the juvenile or the foster parent has died.
5 The youth aid provider and the certified institution shall, within one month of receipt of the opinion of the Complaints Board referred to in paragraph 2, share the complainant and the Complaints Board referred to in paragraph 2 (a) within one month of receipt of the opinion of the second paragraph. in writing whether or not he will take measures in response to that assessment and if so which. By way of derogation from the period referred to in the first sentence, the youth aid provider and the certified establishment shall give a reasoned statement to the complainant and the Complaints Board, indicating the period within which the applicant Youth aid provider or the certified institution will make its position known to them.
6 Title 9.1 of the General Administrative Law Act shall not apply to complaints as referred to in this Article.
Where a complaint is concerned with a serious situation of a structural nature, the Complaints Commission shall inform the Youth Aid Provider or the certified institution thereof. If the Complaints Committee has not been found to have taken action by the Youth Aid Provider or the certified institution, the Complaints Commission shall report that complaint to the officials responsible for supervision under this Law. A complaint about a serious situation means a complaint about a situation where there is unwarranted assistance.
The Articles 4.2.1 and 4.2.2 shall not apply to complaints against young persons who are involuntarily entered into accommodation under another law, to the extent that they can be passed by a complaints commission in accordance with a special law. treated.
1 The Articles 4.2.5 to 4.2.12 shall apply exclusively to youth aid providers and certified institutions providing youth assistance for the purpose of performing their tasks as a general rule by more than 10 persons.
2 If the youth aid provider or the certified institution has organised youth assistance for the performance of its tasks in such a way as to involve several different organisational links or locations, it shall be First member of application to each individual link or individual location.
3 This paragraph does not apply to a certified institution which is also a legal person accepted by our Minister for Security and Justice as intended in the Articles 256, 1st paragraph , and 302, second member, of Book 1 of the Civil Code .
1 Each youth aid provider and each certified institution shall set up a client council, which shall, within the framework of their objectives, in particular, the common interests of young people and parents to whom youth aid is granted or to the benefit of for which a child protection measure or youth rehabilitation measure is being carried out, shall represent.
2 The youth aid provider and the certified institution shall arrange in writing:
a. the number of members of the client board, the method of appointment, which persons may be appointed to members and the term of office of the members; and
b. the material resources available to the client board for the purpose of his work.
3 The arrangement referred to in paragraph 2 shall be such that the client board shall:
a. reasonably representative of the youth and parents to whom youth aid is granted or for whom a child protection measure or youth rehabilitation measure is being carried out; and
b. could reasonably be considered to represent their common interests.
4 The client board shall arrange in writing its method of operation including representation in and out of law.
5 The costs of conducting legal proceedings by the client council, referred to in Article 4.2.11, second paragraph , only to be charged to the youth aid provider and the certified institution, if they have been informed of the costs to be incurred.
6 After adoption of the arrangements referred to in paragraph 2, the youth aid provider and the certified body shall make provision for the appointment of members of the client board under that scheme. The youth aid provider and the certified institution shall re-establish such provisions each time that the client board has not operated for two years due to the absence of the number of members laid down in the scheme.
1 The youth aid provider and the certified institution shall, in any event, advise the client council on any intended decision that the youth aid provider, the certified institution or one or more of the Youth aid provider or certified institution with respect to organisational links or locations, as regards:
a. an amendment to the objective or basis of assessment;
b. transferring control or merger or engaging or severing of cooperation with another youth aid provider;
c. the complete or partial removal, removal or major alteration of the location in which the youth assistance is provided;
d. an important change in the organisation;
e. significant reduction, extension or other change in the work;
f. the appointment of persons who will directly exercise the highest control of the management of the labour;
g. the budget and the financial statements;
(h) the general policy on the commencement and termination of aid;
general food matters;
j. the general policy in the field of safety, health and hygiene and mental care, social assistance to, and recreational activities, and leisure activities for young people;
k. the systematic monitoring, control or improvement of the quality of the assistance to be provided;
(l) the adoption or amendment of a system of treatment of complaints and the appointment of persons responsible for the treatment of complaints, Article 4.2.1 ;
m. modification of the scheme, specified in Article 4.2.5, second paragraph , and the adoption or amendment of other schemes applicable to young people and parents to whom youth aid is granted or to whom a child protection measure or youth rehabilitation measure is being carried out; or
n. taxing persons who are in charge of that part of the youth aid offer in which youth assistance is given during the dinner period to young people who generally reside in the accommodation for a long time.
2 The opinion shall be requested at such time that it may be materially affected by the decision to be taken.
3 The client board is empowered to advise the youth aid provider or the certified institution also unsolicits on the subjects listed in paragraph 1 and other subjects of interest to young people and parents to whom youth aid is being granted or as regards who is a child protection measure or youth rehabilitation measure.
1 The youth aid provider and the certified institution do not take any of a written opinion deviating from written opinion than after consultation has been carried out at least once with the client council, where reasonable.
2 With regard to the subjects mentioned in: Clause 4.2.6, first paragraph, parts i to m , take the youth aid provider and the certified setting, except as far as the decision by the youth aid provider or the certified institution is to be taken under a legal requirement, none of a customer council written opinion rejecting a decision, unless the committee, referred to in Article 4.2.11, first paragraph , it has been established that the youth aid provider or the certified body has been able to reasonably reach its intention when balancing the interests concerned.
3 The youth aid provider and the certified institution shall make a decision on a subject on which the client board has given written advice, in writing, and to the extent that he deviates from the opinion and stating the reasons, to the client board.
4 A decision of the youth aid provider or a certified institution, taken in breach of the second member, shall be null and void, if the client board is in writing to the youth aid provider or the certified institution, in writing, the nullity of the client has done. The client board may only appeal for nullity within one month of the date on which the youth aid provider or the certified institution has notified it or in the absence of such a communication, the client board has been found to be the Youth aid provider, or the certified institution implementing or applying for its decision.
1 The youth aid provider and the certified institution shall provide the client board in due time, and on request, with all the information and information which it reasonably requires for the performance of its task.
2 The youth aid provider and the certified institution shall also provide the client board at least once a year, either orally or in writing, general information about the policy pursued in the period which has elapsed and will be published in the coming year. they are fed.
1 The youth aid provider and the certified institution may assign more far-reaching powers of competence to the client board than the powers specified in this paragraph. A decision shall be notified in writing to the client council.
2 The youth aid provider and the certified institution shall provide the client board with an opportunity to advise on an intention to take a decision as referred to in the first paragraph and on the intention to modify a decision in such a manner. Article 4.2.7 shall apply mutatis mutandis.
1 The youth aid provider and the certified institution shall ensure, if they are a legal person, as referred to in Article 3 of Book 2 of the Civil Code Under the statutes that young people and parents to whom youth aid is granted or where a child protection measure or youth rehabilitation is carried out may exercise influence over the composition of the administration. The arrangement shall at least imply that a single board member is appointed on a binding nomination of the client or client boards, unless such a proposal has been made by the possibility of having failed to make use of the client's client.
2 The first paragraph shall not apply if the management of the youth aid provider or the certified institution consists of one or more persons performing this function on the basis of an employment relationship to which a person or person who is a member of the institution of the financial compensation is connected. In this case, the first paragraph shall apply mutatis mutandis to the composition of the body responsible for the supervision or approval of decisions of the Steering Board.
1 The youth aid provider and the certified institution shall, in agreement with the client board or clients, set up a three-member committee of trust members, one of whom shall be designated by them, one member by the client boards or client boards may be designated and one member is appointed by both other members, or designate one or more client organisations and one or more organisations of youth aid providers or certified institutions Commission of the trust-makers to mediate and, if necessary, a binding statement:
a. at the request of the client board, in disputes with the youth aid provider or the certified institution on the execution of the Articles 4.2.6 , 4.2.7, first and third Member States , 4.2.8, 1st Member , and 4.3.2 , or
b. at the request of the youth aid provider or the certified institution, if in respect of a subject, mentioned in Clause 4.2.6, first paragraph, parts i to m , which has been the subject of written opinion by the Customer Board, and which wishes to take a decision rejecting it.
2 The client council and any juvenile or parent to whom the youth aid provider provides youth assistance or where the certified institution carries out a child protection measure or youth rehabilitation measure may be the cantonjudge of the court of justice of the The district where the location of the youth aid provider or the certified institution is located, make a written request to the youth aid provider or the certified institution to recommend the Articles 4.2.5 , 4.2.8, 2nd Member , 4.2.10 and 4.3.2 and the first paragraph of this article to be established. An applicant who did not submit in advance in writing to the youth aid provider or the certified institution to act in accordance with what is requested by the application and did not provide a reasonable period to comply with it. That request shall be declared inadmissible.
3 The cantonal court may, in its decision to the youth aid provider or the certified body, impose the obligation to carry out certain acts or leave it after that time.
4 The provisions of the third section of the fifth title of the second book of the Code of Civil Procedure shall be applicable mutatis mutandis.
1 The foster care provider shall establish a foster parent board, which, within the framework of its objective, represents the common interests of foster parents. A foster care provider may also fulfil this obligation by setting up a foster-care board that works for more than one care unit that he is in a position to maintain.
2 The Articles 4.2.5 to 4.2.11 shall be applied mutatis mutandis subject to the understanding that 'client advice' or 'youth aid provider' shall be read 'foster parent' or 'foster care provider' respectively.
1 The youth aid provider and the certified body each annually submit a report on compliance with this law in the previous year with regard to rules on the quality of young people's quality among the quality of the the performance of the tasks, the right of complaint and the participation of the joint.
2 In the report referred to in paragraph 1, the youth aid provider and the certified institution shall in any case indicate:
a. or, and in what way, they have engaged in young people and their parents in their quality policies;
b. the frequency with which and the manner in which quality assessment took place within the institution and the outcome thereof;
(c) the effect of complaints and reports on the quality of aid granted;
d. A brief description of the complaints scheme, which is to be found in Article 4.2.1, first paragraph ;
e. the way in which they have brought the complaints scheme to the attention of concerned young people, parents and foster parents;
f. the composition of the Complaints Board, intended in Article 4.2.1, second paragraph, part a ;
g. to what extent the Complaints Commission has been able to carry out its work in accordance with the safeguards provided for in Article 4.2.1, second paragraph ;
h. the number and nature of the complaints dealt with by the Complaints Committee;
i. the scope of the judgments and recommendations of the Complaints Committee;
j. the nature of the measures referred to in Article 4.2.1, fifth paragraph , and
k. in what way the Clauses 4.2.7 to 4.2.11 have been applied.
3 By arrangement of Our Ministers, detailed rules may be set regarding the report and may stipulate that the first member, or parts of the second member, shall not apply to youth aid providers as intended. Article 1.1, part 2 ° .
1 The youth aid provider and the certified institution shall make within 10 days of the adoption of the report referred to in Article 4.3.1, first paragraph , but no later than 1 June of the year following the year on which it sees the report, the following cases shall be open to the public:
a. the report;
b. the principles laid down in writing for the policy, including the general criteria used in the provision of youth assistance for the performance of the tasks;
(c) the minutes or the list of decisions of the meetings of the Board, in so far as these relate to general policy matters; and
d. the Complaints Scheme, referred to in Article 4.2.1, first paragraph , other schemes and regulations applicable to young people and parents, as well as a scheme of Article 4.2.5, second paragraph .
2 The disclosure shall be made in a manner to be determined by the youth aid provider or by the certified institution. They shall provide the youth and parents with a copy at their request.
3 The disclosure shall be communicated to the youth aid provider and the certified institution for the use of communications to young people and their parents.
4 For the provision of copies upon request, a fee may be charged, at most equal to the cost price, unless the youth aid provider or the certified institution applies the public access law a.
5 The youth aid provider and the certified institution shall forward the report to our Ministers for 1 June of the year of adoption and to the Article 9.2 supervisory officers, as well as organisations representing the interests of young people, parents or foster parents in the general sense.
1 The foster care provider concludes a foster contract with a foster parent if it meets the following conditions:
a. The foster parent has reached at least the age of twenty-one years;
b. The foster parent is not also entrusted by the foster care provider with the guidance of a foster parent;
c. The foster parent has successfully completed a preparation and selection pathway offered by the foster care provider; and
d. the foster parent has a declaration of no objection issued by the Child Protection Board, which shows that there are no encumber facts and circumstances for the placement of a juvenile. This condition shall apply mutatis mutandis to all persons of 12 years of age and above who are registered as residents at the address of the foster parent. The explanation is required prior to the placement of a first juvenile, at a exchange of foster care provider, at the arrival of new residents and if the foster parent has not been a foster parent for two years.
2 The foster care provider shall also assess whether the young person can be placed in the foster parent's family, having regard to the age and problems of the young, the composition of the family of the foster parent, and the expected duration of the placement. This assessment takes place prior to the conclusion of the foster contract and to the placement of the young person in the family of the foster parent.
3 If the person is already nursing and raising the young prior to the conclusion of a foster contract, by way of derogation from the first paragraph, points (c) and (d) and the second paragraph, the conditions laid down in those Articles may be fulfilled within 13 weeks of the conclusion of a foster contract, provided that the foster care provider concerned considers that the care and education of the young person by the person concerned is not detrimental to the development of the juvenile. The person concerned shall be entitled that the foster care provider shall, within 13 weeks of the date of the conclusion of the foster contract, determine whether the conditions referred to in the first sentence are fulfilled. As soon as during that period it appears that the conditions will not be met, the foster contract may be terminated without delay.
1 The foster contract shall, in any event, agree on the arrangements for the care and education of the young person concerned by the foster parent and the guidance received from the foster care provider.
2 The appointments on the guidance of a foster parent ' s guardian restrict themselves to one conversation per year, unless the foster parental guardian requests for more guidance.
1 A foster care provider shall provide to a foster parent a charge for the care and education of young juvenile family members, consisting of a basic amount, which may be increased by a supplement, or reduced by a discount. In addition, a foster care provider provides a charge of special expenses to foster parents.
2 By arrangement of Our Ministers, rules shall be laid down on:
a. the level of the basic amount and the maximum amount of the surcharges, which may vary for the different age categories of young people;
b. the circumstances under which a surcharge or a rebate is granted or applied;
c. the days on which the basic amount and the surcharges are granted and the reductions shall be applied; and
d. the reimbursement of special expenses incurred by the foster parent for the benefit of the young person, including cases where special costs are reimbursed.
The foster care provider provides to the foster parent in the interest of the care and education of the relevant juvenile, if necessary without permission and, if possible, prior to placement, information on facts and circumstances that the the person of the young person or of his care or of his education and who is necessary for the exercise of the task of the foster parent. This information may include personal data relating to health, Article 21 of the Personal Data Protection Act .
1 This chapter applies to minors and to young people who are eighteen years old and who, at the time when they were 18, were authorised under this Chapter. The latter shall, for the purposes of this Chapter, without prejudice to: Article 233 of Book 1 of the Civil Code Considered minors.
2 In matters relating to the application of this Chapter, a minor who has reached the age of 12 years shall be competent to act in and out of court. The same applies if the minor has not reached the age of 12 years, but can be regarded as capable of a reasonable appreciation of his interests in the matter.
1 The child judge may, upon request, authorise a juvenile to be included in a closed accommodation and to do so.
2 An authorisation may be granted only if it is considered by the child court:
a. Youth aid is necessary in connection with severe growth or nutritional problems which seriously hamper the development of the young to adulthood, and
b. the inclusion and residence are necessary in order to prevent the juvenile from dismissing or from being taken out by others.
3 An authorisation for a young person who has not reached the age of 18 years may also be granted only if:
(a) the youthful supervision has been established;
b. The custody of the juvenile rests with a certified institution; or
(c) the person who, other than those referred to in point (b), is the legal representative, with the entry and residence agreement.
4 An authorisation for a juvenile which is 18 years old may also be granted only if:
a. a treatment already taken before the age of 18 has been reached;
(b) a relief plan has been established for reaching the age of eighteen years;
c. is to work towards a different form of youth assistance other than closed youth assistance, and this is also apparent from the aid plan; and
d. the closed youth aid does not take longer than six months after reaching the age of eighteen.
5 An authorisation may also be granted only if the college of the municipality where the young person is domicile or the certified institution carrying out the supervision or exercising the supervision has determined that the authority of the provision in the area of youth assistance and residence not being in need of a foster parent.
6 The request is required to obtain the consent of a qualified behavioural scientist who has examined the young person with a view to that effect shortly before.
7 By way of derogation from paragraph 5, the child-judge may, in respect of a young person subject to supervision, or in respect of whom an undertaking is subject to supervision, or to whom a certified body has been appointed, may guardianship shall also grant authorisation if the certified institution performing the supervised/supervised/supervised establishment or the college has not determined that the juvenile facility, including a provision of juvenile assistance, is being provided; necessary, but only if the child protection council has declared that a case as referred to in paragraph 2 of this Article. The sixth paragraph shall apply mutatis mutandis.
8 If the authorisation relates to a minor subject to supervision, the authorisation shall be deemed to be an authorisation as referred to in Article 4 (1) of the EC Treaty. Article 265b of Book 1 of the Civil Code .
9 If the legal representative withdraws his consent, the young person may stay in the enclosed accommodation for a maximum of 14 days, and Sections 6.3 , 6.4 and 6.5 to the juvenile application.
1 The child court may, upon request, grant an emergency authorisation for a juvenile, with due regard for the conditions laid down, if an authorisation cannot be issued Article 6.1.2, third paragraph , to record and reside in a closed accommodation.
2 An emergency authorisation may be granted only if, in the opinion of the child judge:
a. The immediate provision of youth assistance is necessary in connection with severe growth or nutritional problems of the young which are seriously impediing its development into adulthood, or a serious suspicion of it; and
b. the inclusion and residence are necessary in order to prevent the juvenile from dismissing or from being taken out by others.
3 The request is required to obtain the consent of a qualified behavioural scientist who has examined the young person with the eye shortly before, unless research is factually impossible.
4 Article 6.1.2, seventh and eighth paragraphs , shall apply mutatis mutandis.
5 If the legal representative withdraws his consent, the young person may stay in the enclosed accommodation for no more than the period of validity of the emergency authorisation, and Sections 6.3 , 6.4 and 6.5 to the juvenile application.
1 The child court may, upon request, grant conditional authorisation to a juvenile, subject to the conditions of Article 6.1.2, third paragraph , to record and reside in a closed accommodation.
2 A conditional authorisation may be granted only if, in the opinion of the child judge:
a. The provision of youth assistance is necessary in connection with severe growth or nutritional problems which seriously impede the development to adulthood; and
b. the inclusion and stay are necessary to prevent the juvenile from dismissing or from being taken out by others and the serious obstacle in the development to adulthood can only be done outside the accommodation. are avered by the setting and compliance of conditions.
3 A conditional authorisation may also be granted only if the college of the municipality where the young person is domicile or the certified institution carrying out the supervisory position or exercising the custody of the person concerned has determined that the young person needs a provision in the field of youth assistance.
4 The request is required to obtain the consent of a qualified behavioural scientist who has examined the young person with a view to that effect shortly before.
5 The child court shall grant conditional authorisation only if a relief plan is presented.
6 The relief plan sets out the conditions and monitoring of that and the youth assistance that will be deployed in order to reduce, stabilize, raise or cope with the growth and raising problems with the growth and growth of the raising problems. The plan is being prepared by the youth aid provider who will provide youth assistance under the conditions and the youth aid provider willing to include the juvenile in a closed accommodation as referred to in the first member, if the youthful do not comply with the conditions or if the entry and stay are necessary to prevent the young from withdrawing or withdrawing from the youth aid which he needs. The plan mentions which youth aid provider is competent to take the decision that the juvenile is included because he does not comply with the pre-agreed conditions or the inclusion and stay are necessary to prevent the young from becoming involved in the youth aid that he needs to escape or from being taken out by others.
7 The granting of conditional authorisation shall be subject to the condition that the juvenile accepts the youth aid, in accordance with the aid plan presented. Article 7.3.4, second and third paragraphs , shall apply mutatis mutandis.
8 In addition to the condition referred to in paragraph 7, the child-judge may, in the conditional authorisation, lay down conditions governing the behaviour of the juvenile in so far as this behaviour affects the serious growth and raising problems.
9 The Judge shall apply only the first paragraph if the young person has declared his willingness to comply with the conditions or is reasonable to assume that the conditions will be fulfilled.
10 The youth aid provider, who is willing to take up the youthful accommodation in a closed accommodation, shall ensure that the youthful as soon as possible is placed in possession of a written summary of the information given to him under this Act. rights. The youth aid provider shall also ensure that the juvenile receives an oral explanation in this respect.
11 To a request for renewal of conditional authorisation, the second to tenth members shall apply mutatis mutandis.
The aid plan, referred to in Article 6.1.4, sixth paragraph , once the conditional authorisation has been granted, it may be amended only with the agreement of the young person's aid provider.
1 The youth aid provider willing to include the youthful in a closed accommodation as intended in Article 6.1.4, sixth paragraph , it sees compliance with the conditions.
2 The youth aid provider, referred to in the first member, does the youthful inclusion in a closed accommodation, if by complying with the conditions outside the closed accommodation, the serious obstacle to the development to maturity resulting from the development the serious problems of growth and nutrition, no longer can be averaed and the young person withdraws or is diverted by others to the youth aid.
3 The youth aid provider referred to in paragraph 1 may take up the young person if it fails to comply with the conditions laid down so that the young person is seriously impeded in the development into adulthood and does not prevent this serious obstacle from being excluded from the conditions of the closed accommodation can be avered.
4 Prior to inclusion, the youth aid provider, referred to in the first member, sets out the current state of severe opgrowth or nutritional problems that the youthful has seriously caused its development to adulthood. obstructing.
5 The period of entry and residence shall not exceed the remaining period of validity of the conditional authorisation, but not more than six months. The conditional authorisation applies from the moment of the youth aid provider ' s decision referred to in the first paragraph as authorised as Article 6.1.2 .
6 The youth aid provider referred to in paragraph 1 shall inform in writing, in writing, the young person not later than four days after the decision is taken, giving notice of the reasons for the decision. A copy of the notice shall be sent as soon as possible to the applicant of the authorisation, the lawyer of the juvenile and to the Registrar of the court which granted the conditional authorisation.
7 If a decision as referred to in the second paragraph relates to a minor subject to supervision, that decision shall be deemed to have been authorised as an authorisation. Article 265b of Book 1 of the Civil Code .
1 At the request of the legal representative or the juvenile, the child judge may amend the aid extension plan, intended in Article 6.1.5 , and the inclusion, Article 6.1.6, second or third paragraph Declare, in whole or in part, an expiry. The request shall be accompanied by a copy of the decision of the youth aid provider.
2 If the request relates to a juvenile already residing in a closed accommodation, the child judge shall, in any event, decide within three weeks of lodging the application. The young person shall be notified in writing that the application has been lodged.
1 A request for the acquisition of an authorisation, an emergency authorisation or a conditional authorisation shall be lodged by the college of the municipality in which the young person is domicile.
2 By way of derogation from paragraph 1, if it relates to a minor who has been awarded a child protection measure or who is requested to have a child protection measure, the application shall be submitted by the Board of Directors. for child protection or by the D.A. In the case where a certified institution carries out the child protection measure, this institution may also make the request.
3 On requests as referred to in the first or second paragraph article 265k, first, third and fourth member, of Book 1 of the Civil Code , as well as the first section of the sixth title of Book 3 of the Code of Civil Procedure , mutatis mutandis.
4 If the request for the grant of an authorisation relates to a juvenile already residing in a closed accommodation, the child court shall, in any event, decide within three weeks of the submission of the application.
1 The College, the Children ' s Protection Board, the certified institution, or the D.A. shall, at a request as referred to in Article 6.1.8 first and second paragraphs , a copy of the decision referred to in Article 6.1.2, fifth paragraph , as well as of the declaration referred to in Article 6.1.2, paragraph 6.
2 In a case as referred to in Article 6.1.2, seventh paragraph , shall submit to the Board for Child Protection at the request of Article 6.1.8, first paragraph , the statement referred to in Article 6.1.2 (7) of the EC Treaty.
3 In the cases provided for in Article 6.1.3 By way of derogation from the first and second paragraphs, only a certificate from a qualified behavioural scientist as referred to in Article 6.1.3, third paragraph shall be submitted.
1 The child court hears, before granting an authorization, an emergency clearance or a conditional authorisation, and before a revocation is referred to in Article 6.1.7 to be done:
a. the young person, the person exercising the authority over the minor and the person taking care of and raising the young as belonging to his family, unless the child judge finds that a person is not prepared to hear;
b. the applicant; and
c. in cases as referred to in Article 6.1.7 -The youth-aid provider.
2 The child court offers, before granting a permission or a conditional authorisation, and before a revocation is made as intended in Article 6.1.7 The possibility to draw up a family call plan. Only if the parents have indicated to the child court that they do not wish to make use of this possibility, give concrete threats in the development of the child to that end or otherwise the best interests of the child The child judge will be able to see from here.
3 In the case of an emergency authorisation, Article 6.1.3 , is Article 800, third paragraph, of the Code of Civil Procedure applicable mutatis mutandis.
4 The Judge shall automatically charge the Board of the Board of Legal Aid to the addition of an adviser to the juvenile legal aid.
The Registrar shall send, without prejudice to Article 805 of the Code of Civil Procedure , a copy of the decision on the authorisation, emergency authorisation or conditional authorisation and notification provided for in Article 6.1.6, sixth paragraph , and the order referred to in Article 6.1.7, first paragraph , to:
a. the juvenile if it has reached the age of 12 years;
(b) the person who has authority over the juvenile;
c. the person caring for and raising the young as belonging to his family;
d. the applicant; and
e. the counsel of the juvenile.
1 The decision of the child court is enforceable in stock.
2 The child court shall determine the period of validity of the authorisation for a period not exceeding one year, the first conditional authorisation of not more than six months, and extensions of conditional authorisations for a maximum period of one year. The urgency authorization shall be valid until a decision has been taken on a request for authorisation, but not more than four weeks.
3 The authorisation shall lapse if it has not been implemented for a period of three months.
4 The authorisation or the emergency authorisation shall lapse if the certified institution performing the subsurveillance or exercising the custody has determined that a provision, staying in place of stay with a foster parent, no longer necessary, unless there is an authorisation as referred to in Article 6.1.2, seventh paragraph .
5 The implementation of the authorisation may be suspended by the youth aid provider if it is no longer necessary in its opinion to prevent the young person from becoming a member of the youth aid which he/she needs to escape or from being taken by others. Removed. The suspension may be withdrawn if it is established that enforcement is necessary to prevent the young person from withdrawing or withdrawing from the youth aid that he needs from being removed from them. Suspension shall not take place than after a qualified behavioural scientist has agreed to it. Withdrawal of the suspension shall be Article 6.1.7 applicable mutatis mutandis.
6 The College shall notify the Board of Children's Protection of the expiry of the authorisation under paragraph 4, and of the decision not to apply for new authorisation at the end of the period of validity of an authorisation. The youth aid provider shall communicate to the Board for Child Protection and to the College a notice of suspension and withdrawal as referred to in the fifth paragraph.
7 Against the order of the child judge on a request for authorisation, emergency clearance or conditional authorisation, and a decision as intended in Article 6.1.7, first paragraph , is a higher appeal to the court.
1 The youth aid provider adds a copy of the decision, intended in the Articles 6.1.2, 1st paragraph , 6.1.3, 1st Member , 6.1.4, 1st Member or 6.1.7, 1st Member , and an amendment to the aid plan as referred to in Article 6.1.5 to the file.
2 The youth aid provider in whose closed accommodation the authorisation is implemented shall, from the entry in the enclosed accommodation, inform the person exercising the authority of the juvenile, to the college and, if necessary, of the place of business of the person concerned. the college was not the applicant, also to the applicant.
Rules may be laid down in respect of the application of the petition referred to in the Rules of Article 6.1.8 , and the statement, intended in the Article 6.1.2, sixth paragraph , or 6.1.3, third member .
1 The youth aid provider offering in a closed accommodation accommodation and residence to young people for whom an authorisation as referred to in Article 6.1.2 , 6.1.3 or 6.1.4 issued, Our Ministers shall, for inclusion in a public register of such accommodation, give an indication of:
a. the name and address of the accommodation; and
b. The name and legal form of the youth aid provider.
2 In the case of, or under general management, detailed rules may be laid down for safety within the enclosed accommodation and construction requirements with regard to the closed accommodation where the authorisation can be implemented They're
3 A registration shall be published in the Official Journal.
1 An authorisation may be implemented only in a registered enclosed accommodation or a dedicated part of a registered enclosed accommodation from a youth aid provider.
2 The court may, if it concerns a juvenile of 12 years of age or older, at the request of the college or council for child protection, to determine, by way of derogation from paragraph 1, that the latter may be Laid down in a device as intended for Article 1 of the PrincipLaw of the Judicial Youth Directions . The first sentence shall be applied only in respect of a young person who is admitted to an establishment at the time when an authorisation is granted. Application shall be made only with the agreement of the young person, or if it has not reached the age of 16 years, with the agreement of the young and the person who has authority over him. Implementation in an establishment shall be carried out only for the period necessary to complete a treatment or training. The implementation of the Principles of Principles Judicial Youth Directions applicable. A decision as referred to in Article 6.1.2, fifth paragraph , gives entitlement to stay as intended Article 14 of the PrincipLaw of the Judicial Youth .
A youth aid provider offering to an instructing juvenile residence in a closed accommodation is a person responsible for the actual care of the juvenile during the term of the authorisation as intended for the duration of the period. Article 2, first paragraph, of the Compulsory 19691969 .
1 A youth aid provider shall, in order to ensure a careful application of the measures referred to in Article 3 (2), Section 6.3 (i) a system of persons responsible for their implementation and of the procedures to be applied to it.
2 A youth aid provider shall lay down rules for the orderly procedure of business, security within the area of accommodation and the safeguarding of a pedagogical environment.
3 The rules of house shall in any event contain a system of visiting times, of the inspection of visitors and of objects that do not possess in their possession young people who are young in connection with security within the enclosed accommodation.
1 In relation to one with a permission as intended in the Articles 6.1.2 to 6.1.4 Young young persons may, to the extent necessary to achieve the objectives of youth aid or to the extent necessary for the safety of the young or others, be implemented by the youth aid provider, with which they are opposed to if the person exercising the authority over him is to be restricted within the closed accommodation in his freedoms.
2 The measures referred to in the first paragraph may include:
(a) the prohibition of placing on the premises indicated in the relief plan and, if necessary, the dates on which that prohibition applies;
b. Temporary placement in isolation;
c. temporary transfer within the enclosed accommodation or to any other enclosed accommodation; or
d. Hold it and hold it.
3 The youth aid provider shall report the application of measures referred to in paragraphs (b) and (c) of the second paragraph to the certified institution exercising family custody and to parents if the young person has not been supervised.
1 In relation to one with a permission as intended in the Articles 6.1.2 to 6.1.4 Young persons may be young, by the youth aid provider, against the will of the young person or of the person exercising the authority over him:
a. Youth aid programmes shall be applied to the extent necessary to achieve the objectives set out in the youth aid; or
Medical treatment methods, including the administration of medicinal products, shall be used to the extent necessary to ensure the health or safety of the young or others and to achieve the objectives of youth aid. to reach.
2 The youth aid provider shall report the application of the first member to the certified institution which exercises family custody and to parents if the juvenile is not supervised. If the medical treatment method is used to treat mental health impairment, the State surveillance of public health shall also be reported.
1 In relation to one with a permission as intended in the Articles 6.1.2 to 6.1.4 Young persons may, to the extent necessary to achieve the objectives pursued by the youth aid, be provided by the youth aid provider against the will of the young person or of the person exercising the authority over him, and without prejudice to the rules of the house, as provided for in Article 6.2.4, second paragraph :
a. Limits of the letter and telephone traffic or the use of other means of communication are taking place; or
b. limitations of visits take place or determine that visit can only take place under supervision.
2 The restrictions referred to in the first paragraph shall be subject to the Articles 42, first and second members , and 43, seventh paragraph, of the PrincipalLaw of the Judicial Youth applicable mutatis mutandis.
1 In relation to one with a permission as intended in the Articles 6.1.2 to 6.1.4 Young persons may, to the extent necessary to achieve or to the extent necessary to prevent youth assistance from being opposed to other young people by the youth aid provider against the will of the Member States, as necessary to achieve the objectives of youth aid. Juvenile or of the person exercising control over him shall be applied to control measures.
2 The measures referred to in the first paragraph may include:
a. Body and clothing research;
b. urine analysis for the presence of behavioural influencers;
(c) examination of the chamber of young persons for the presence of articles which he/she may not possess; or
d. Examination of postal items taken from or intended for young persons on the presence of articles, but only in the presence of the young.
3 Items which are not in possession of the juvenile may be seized and destroyed for the juvenile, or with his consent, or put to an investigation officer in order to be seized.
1 If a youth aid provider, with a view to the safety of the young or others, or to prevent the juvenile from implementing the authorisation, is intended to be used in the Articles 6.1.2 and 6.1.3 , the carriage of goods to and from closed accommodation shall be effected by a carrier as referred to in paragraph 3 by the carrier, as far as necessary for the purposes specified in respect of the young person concerned. the following measures shall be taken for the duration of transport during the course of the transport operation against his will or of the person exercising the authority of his/her authority:
a. Hold and hold;
b. Study of clothing, or
c. Temporary placement in a separate and closed space in the means of transport.
2 Once the measures referred to in paragraph 1 have been included in the aid plan, they shall be implemented accordingly.
3 A carrier as referred to in the first paragraph shall be a carrier designated by Our Ministers for that purpose, which shall meet the requirements of the Rules of Our Ministers, including requirements concerning the means of transport to be used by the carrier.
4 In the case of transport referred to in paragraph 1, the carrier shall report the application of one or more of the measures referred to in that paragraph to the youth aid provider and the certified institution. If the juvenile has not been supervised, the care provider shall also inform the parents.
1 The measures, methods and restrictions as referred to in the Articles 6.3.1 to 6.3.5 shall be applied only to the extent that they are included in the aid plan.
2 Prior to the adoption or amendment of these parts of the aid renewal plan, consultations shall be held with the person who has authority over the juvenile. They do not need the consent of the young or the person who has the authority over him. They do need the consent of a qualified behavioural scientist.
3 Where the plan contains measures, methods or restrictions as referred to in paragraph 1, it shall also specify the cases and period of time for which the measures may be applied.
4 An aid plan with regard to a young person residing with an authorisation in a closed accommodation shall be evaluated as often as in the interest of the youthful necessity.
By way of derogation from Article 6.3.6, first paragraph , with respect to a youthful, only measures, methods or limitations as intended in the Articles 6.3.1 to 6.3.4 which are not included in the relief plan shall be applied to the extent necessary to bridge temporary emergencies. The application shall be subject to the agreement of a qualified behavioural scientist within twenty-four hours of the start of the application. The maximum number of measures, methods or limits shall be applied for a period of seven consecutive days.
1 In respect of a young person for whom a licence has been issued and which is present in the court building in connection with this authorisation, in order to prevent the juvenile from having to comply with the implementation of the authorisation, the young or the person exercising the authority over him shall, for the duration of his presence there, take the following measures:
a. Hold and hold;
b. Study of clothing, or
c. Temporary placement in a suitable, separate and closed space.
2 The measures referred to in paragraph 1 shall be implemented exclusively by officials designated for the execution of the police task, as referred to in Article 2 (1) (b). Article 3 of the Polition Act 2012 .
1 The person who made the decision to apply the Articles 6.3.1 to 6.3.4 or from Article 6.3.7 , shall ensure that the application is recorded as soon as possible in the case file concerning the juvenile, indicating the circumstances which gave rise to that purpose.
2 The youth aid provider shall ensure that the application of one or more of the in Articles 6.3.5, 1st paragraph , or 6.3.8, 1st Member These measures shall be laid down as soon as possible in the case file concerning the juvenile procedure, indicating the circumstances giving rise to this purpose.
3 The youth aid provider carrying out the authorisation of youth assistance provided to the certified body exercising family custody and to parents if the juvenile has not been supervised, every six months reporting on the applications referred to in the first and second paragraphs.
1 To a youthful may, in addition to the possibilities offered by the relief plan to leave the enclosed accommodation, leave to leave the enclosed accommodation should be granted if so, having regard to the reason why the juvenile is in the closed Accommodation must be located, be responsible.
2 On leave, conditions may be attached concerning the youth aid and the behaviour of the juvenile.
3 Leave is granted only if it can reasonably be assumed that the juvenile will comply with the conditions.
4 Leave is not granted than after a qualified behavioural scientist has agreed to it.
5 The leave is withdrawn if continued leave is no longer justified in view of the problems of the young. Leave may be withdrawn if the young person does not comply with the conditions. The conditions attached to the leave may be changed.
1 Without prejudice Article 4.2.3 can be a youthful or whoever has the authority over him within a reasonable period of time against a decision as intended in the Articles 6.3.1, 1st paragraph , 6.3.2, 1st Member , 6.3.3, 1st Member , and 6.3.4, first and third paragraphs , the application of Article 6.3.5, first paragraph , 6.3.7 or a decision on leave as referred to in Article 6.4.1 submit a written complaint to the Complaints Commission, referred to in Article 4.2.1, second paragraph.
2 In the case of a general measure of management, rules shall be laid down concerning the composition of the Complaints Board when dealing with complaints as referred to in the first paragraph and the manner in which such complaints are handled.
3 The Complaints Board shall take a decision on the complaint as soon as possible, but in any case within four weeks of the date on which the complaint was received.
4 The decision of the committee shall extend to:
(a) the Commission's unrating;
b. failure to receive a declaration of the complaint,
c. Unground statement of the complaint; or
(d) based on the complaint.
5 If the Commission makes the complaint justified, it shall destroy the contested decision in whole or in part. Destruction or destruction of the legal effects of the decision or the part of the decision which has been destroyed shall be destroyed.
(6) If the Commission makes the complaint well founded, it may decide to take a new decision and to set a time limit for its adoption.
7 If the Commission considers that the complaint is well founded, it may provide that any concession which may be of a measure of nature must be given to the complainant and shall fix this concession.
8 Title 9.1 of the General Administrative Law Act shall not apply to complaints as referred to in this Article.
1 Pending the decision on the complaint, the chairman of an appeals committee may be referred to in Article 74 of the Principles of Principles of Youth Justice of the Principalcourts at the request of the young person, after hearing the person who has taken the decision, suspend the decision against which the complaint is addressed.
The President shall forthwith inform the person who has taken the decision and the complainant.
In respect of a decision as referred to in Article 6.5.1, third paragraph , are the Articles 74 to 76 of the Principet of Judicial Youth applicable mutatis mutandis, with the exception of 'Director' and 'complaint committee', respectively, 'youth aid provider' and 'complaints commission' respectively.
For the purposes of this paragraph and the provisions based thereon, the following definitions shall apply:
- assistance, care or guidance: work carried out by a reporting competent on the basis of the rules applicable to it in respect of a young person;
- Juvenile: person who has not reached the age of twenty-three years.
1 Notification competent shall be a staff member of a body responsible for:
a. Belts to a category of bodies designated by a general measure of administration which operates in one or more of the fields of youth assistance, youth health care, health care, education, social support, employment and income; or police and justice,
b. arrangements as referred to in Article 7.1.3.1 has made it with the college, and
(c) the staff member has been designated as such.
2 Notification competent shall also be a staff member who does not work for a body and who:
a. Belts to a category of officials designated by a general measure of management working in one or more of the domains listed in the first paragraph, part a, and
b. arrangements as referred to in Article 7.1.3.1 has made it with the college.
1 There is a risk youth index, which is a national electronic system, in which personal data as well as other data are processed.
2 The index is designed to provide early and close coordination between reporting powers so that they can provide young people with appropriate assistance, care or guidance in good time to make real threats to the necessary conditions. to prevent, limit or eliminate healthy and safe development into adulthood.
3 The index shall be used only for the purpose specified in paragraph 2.
1 Our Minister of Health, Welfare and Sport is responsible for the establishment and management of the index.
2 Our Minister of Health, Welfare and Sport is the responsible for the dilation index.
3 By way of derogation from the second paragraph, for the purposes of application of the Articles 34 to 40 and 43 of the Personal Data Protection Act the person responsible for the college of the municipality, who appointments as referred to in Article 7.1.3.1 has worked with the body for which the notification competent of the young person is active or, if it is not active for a body, with the reporting competent authority.
4 In the case of, or under general management, rules shall be laid down regarding the establishment and management of the index. This includes rules on the security of personal data and the availability of provisions which form part of the index.
1 Of the index are part of the following:
a. Facilities with which the index of the reproach may request or verify the civil service number of the juvenile concerned for the purposes of reporting;
b. Facilities with which a youthful reproach can be reported or removed from the index;
c. Provisions with which a signal is sent by two or more notifications of the same juvenile to those notified to the young person concerned and to the person responsible for the tasks specified in the notification. Article 7.1.3.2 ;
d. Facilities with which two or more reports of young people with the same residence address, intended in the Basic registration law , not being the address of an institution designated on the basis of Article 2.40, third or fourth paragraph, of that law , a signal is sent to the reporting authorities who reported the juvenile concerned and to the person in charge of the tasks, intended to Article 7.1.3.2 ;
(e) provisions with which two or more reports of young persons, with the same parent registered in the basic registration, are sent a signal to the reporting authorities who have reported the young person concerned and to the person responsible for carrying out the notification. the tasks specified in: Article 7.1.3.2 ;
f. a logbook that records which reporting competent when a juvenile has reported to the dilation index, has removed it from it or received a signal;
g. Provisions with which moving movements of adolescents reported to the index are recorded and passed on to the reporting competent who reported the juvenile and, if the juvenile has moved to another municipality, to the director from the municipality to which the juvenile has moved;
h. Provisions with which for:
1 °. supervision of compliance can be given access to the index;
2 °. policy information and monitoring of compliance reports on the use of the index may be compiled and requested, consisting of non-specific youth or specific reporting control data, and
i. devices used to assist the young in the application of the Articles 35 to 40 of the Personal Data Protection Act The information may be given in a notification in the index.
2 A historical record archive is attached to the index, which includes deleted notifications from the index. The historical records archive is intended to support the further provision of assistance, care or guidance for a young person.
3 In the case of a general measure of management, the necessary other provisions to be added to the index may be designated for the effective use of the index.
1 The college promotes the use of the dilation index. To that end, the College shall enter into agreements with the bodies and staff members of its municipality, in so far as they belong to a category designated by the general measure of management, as referred to in Article 4 (1) of the Treaty. Article 7.1.1.2 . The College also organises the affiliation of those bodies and officials to the index.
2 The arrangements shall in any event cover the manner in which the College cooperates with those bodies and officials, and those bodies and officials shall cooperate with each other in the provision of assistance, care or guidance for young persons, and the management and fulfilment of those agreements. Arrangements shall be made in writing.
1 The College shall ensure that the reporting powers which have notified a young person to the index and subsequently received a signal have contacted each other.
2 The person in charge of the tasks referred to in paragraph 1 shall only have access to the index for the purpose of such tasks.
1 Bodies as referred to in Article 7.1.1.2, first paragraph, part a, designate, for the purpose of effective use of the index, a coordinator working within their body. The task of the coordinator is to manage the contact details of the reporting authorities and to adapt them if necessary and to manage the signals from the index.
2 A coordinator shall have access to the index only for the purpose of the task referred to in the first paragraph.
A reporting competent may, without the consent of the young person or his legal representative and, if necessary, break the secrecy of the obligation of professional secrecy on the basis of his or her office or profession, if he/she has a duty to notify the reproach of his has reasonable grounds to believe that any of the risks identified by one or more of the risks listed below, in the necessary conditions for a healthy and safe development into adulthood, are actually threatened:
a. The youthful state is exposed to mental, physical or sexual violence, any other degrading treatment, or neglect;
b. The juvenile has more or less likely mental health problems, including addiction to alcohol, drugs, or games of chance;
c. The juvenile has more than one of the usual severe growth or nutritional problems than his age;
d. the juvenile is underage and mother or pregnant;
(e) the juvenile fails frequently from school or other educational institution, or leave it prematurely, or at risk of leaving it early;
f. the youthful is not motivated to provide a livelihood by legal employment;
g. the young has more or less common financial problems than his age;
h. the juvenile has no permanent place of residence or place of residence;
i. the juvenile is a danger to others by physical or mental violence or other intimidating behaviour;
(j) the juvenile shall engage in activities that are punishable;
k. the parents or other carers of the juvenile shooting are seriously short of the care or education of the juvenile, or
(l) the youthful state is exposed to risks that are disproportionately common in certain ethnic groups.
1 A notification shall be linked to the juvenile service number of the juvenile in the index for the purpose of ensuring that the notification relates to that juvenile.
2 If the notification comes from a reporting competent who is already competent under a legal provision to use the juvenile service number of the juvenile, he shall provide the notification with that number to the reproach index.
3 In other cases, the reporting competent shall offer the notification to the index without being able to take notice of the civil service number of the juvenile concerned.
4 A person identification number and other identifying information used for notifying youths who do not have a citizen's service number to the index shall be identified by a general measure of management. It also lays down rules on the way in which such information is presented to the index.
1 In addition to the juvenile service number of the youthful, the index only stores the following data in the index:
a. The identification details and contact details of the reporting competent who makes the notification, and, where applicable, of the coordinator, intended Article 7.1.3.3 ;
b. the date and time of the notification; and
c. the date on which the notification was made on the basis of Article 7.1.4.5, second paragraph, part a , from the dilation index will be removed.
2 A signal from the index contains only the data referred to in paragraph 1 (a) and, if the signal results from two or more reports which do not concern the same juvenile, this information.
For the purposes of the objectives set out in Article 7.1.2.1 , are personal data relating to health, as well as criminal personal data as intended in Article 16 of the Personal Data Protection Act processing. The processing of this data takes place only in order to enable reporting powers from the fields of youth health, health care and the police and the judiciary to report a youthful report and to others. notify the persons responsible for reporting to the reporting authorities.
1 A reporting competent removes a notification made by him from the index where, in his opinion:
a. This notification has not been made correctly;
b. the risk identified earlier is no longer present.
2 In any case, a notification shall be deleted from the index:
a. A maximum of two years after it has been taken;
b. starting from the day the young reaches the age of twenty or twenty years; or
c. As soon as possible after the death of the juvenile.
1 A corresponding Article 7.1.4.5, first paragraph, part b, and second paragraph, part a The notice removed from the index is recorded for five years in a historical record archive, except that it is destroyed from the day the young reaches the age of twenty or twenty years or so Soon as possible after the death of the juvenile. Notifications removed from the index using Article 7.1.4.5, first paragraph, part a, or the second paragraph, part b or c, or the Articles 36 or 40 of the Personal Data Protection Act , are not included in the historical record store.
2 Of a notification included in the historical records archive shall be sent only to a reporting competent at the time of reporting a juvenile to the dilation index.
3 The Articles 7.1.2.2 and 7.1.2.3, first paragraph, introductory wording, in conjunction with parts h and i , shall apply mutatis mutandis to the historical record store. A feature of the historical record archive is a feature that can remove a juvenile from the historical record store.
1 If a notification relates to a young person less than 12 years of age, the notification shall be: Article 34 of the Personal Data Protection Act made to his legal representative. If the juvenile has reached the age of twelve, but not that of sixteen years, the communication is done both to the youthful and legal representative.
2 If the young is less than 12 years of age, a request shall be made to the Articles 35 or 36 of the Personal Data Protection Act or a statement of resistance as referred to in Article 40 of that Act done by his legal representative. If the young man has reached the age of twelve, but not that of sixteen, the application or endorsement shall be made by the young person and his legal representative together.
1 A reporting competent who has reported a young person to the index shall deliver an opinion to the College on a request made by that young person as referred to in the Annex to the Commission. Articles 35 or 36 of the Personal Data Protection Act , or a cross-registered opposition as referred to in Article 40 of that Act .
2 The competent authority shall, by the way, provide the College with all the information necessary for the purposes of implementation by the College of the articles referred to in paragraph 1 and of the Article 43 of the Personal Data Protection Act .
1 The certified institution, the youth aid provider, the child protection council and the college use the civil service number of a youthful with the purpose of ensuring that the under-implementation of this law and its subsequent implementation Personal data to be processed in respect of those juvenations are to be processed.
The first paragraph shall not apply to a certified institution to the extent that it exchanges personal data of suspects and convicts for the purposes of application of the system for the implementation of tasks under the youth rehabilitation programme; criminal law.
The certified institution, the youth aid provider, the child protection council and the college shall establish the civil service number of a juvenile when they are for the first time contact with the youthful as part of the implementation of This law and the provisions based thereon.
1 In order to determine the civil service number of the juvenile shall become the number register and the provisions, intended Article 3 (b) and (d) of the general provisions law on the civil service number consulted.
2 The consultation referred to in paragraph 1 may be omitted if:
a. the civil service number was provided by another user as intended in Article 1 of the Act General Provisions Civil Service Number which is kept by or under the law of establishing the civil service number of the juvenile on the basis of the number register and of the facilities specified in the register. Article 3 (b) and (d) of the general provisions law on the civil service number , or
b. The civil service number was obtained from the basic registration persons.
If a juvenile has not been assigned a civil service number:
a. Certified institutions, youth aid providers, the child protection council and the college shall at least provide the following information of the youthful in their records:
1 °. last name;
2 °. Previous names;
3 °. date of birth; and
4 °. postal code and house number of the address of the residence; and
b. Provide certified institutions, youth aid providers, the Children ' s Protection Board and the College of the data referred to in subparagraph (a) in the provision of personal data relating to the performance of their tasks and the provision of of youth assistance.
By arrangement of Our Minister of Health, Welfare and Sport, it is determined which security requirements are the data processing, intended in the Articles 7.2.1 and 7.2.4 is compliant.
1 Certified institutions, youth aid providers, the Children ' s Protection Board and the College can support the Articles 7.2.1 to 7.2.4 deviate obligations for as long as necessary in relation to urgent cases.
2 Where, under paragraph 1, a derogation from the provisions of the Articles 7.2.1 to 7.2.4 The provisions of this Article shall apply to Article 7.2.5 Not applicable.
Our Minister of Health, Welfare and Sport or an institution designated by him administers an authorization list of youth aid providers, in which they are listed on request in order to make use of the number register and the provisions specified in Article 3 (b) and (d) of the general provisions law on the civil service number .
1 In the case of, or under general rule, rules shall be laid down on:
a. recording, changing, and deletion of data in, among other things, the in Article 7.2.7 such authority list of youth aid providers;
b. management of the authorization list, in any case with regard to the security of personal data; and
c. supervision of the functioning of the authorisation list.
2 In the case of the measure referred to in paragraph 1, contributions from youth aid providers may be required in the cost of the authorisation list.
3 The administrator of the authorization list, referred to in Article 7.2.7 , shall provide to a youth aid provider registered in the authorization list, on request, with a means by which it is intended for the purpose of the consultation, as referred to in Article 4 (2). Article 7.2.3 , be able to access the number register and the facilities specified in Article 3 (b) and (d) of the general provisions law on the civil service number .
4 The administrator may request a fee for the product.
5 In the case of, or under general management, rules may be laid down on the characteristics, application, procedure, provision, management, security, use and withdrawal of the plea referred to in the third paragraph.
For the purpose of the responsibility, intended in the Articles 2.1 and 2.4, second paragraph , Our Minister of Security and Justice may provide a youth service number of a juvenile with regard to a staff appointed by the college or to a staff appointed by the college and designated by the college. of those who are determined to be eligible for a form of youth assistance or youth rehabilitation in criminal proceedings.
1 What in the Articles 7.3.8 to 7.3.15 is determined in respect of the youth aid provider, mutatis mutandis, to the staff member of the certified establishment, subject to the understanding that "youth aid" or "provision of youth assistance" is read "execution of a youth aid programme". child protection measure or youth rehabilitation '.
In this section, the person concerned shall be the person to whom youth is directly assisted, in respect of whom the grant of youth aid is proposed or in respect of whom a child protection measure or youth rehabilitation measure is being granted is to be implemented or implemented.
3 In so far as it is the subject of medical treatment, Article 446 of Book 7 of the Civil Code , this paragraph does not apply.
1 The youth aid provider shall clearly inform the person concerned and, on request, in writing of the proposed research, the proposed youth aid, the development of youth aid, and the established growth and nutritional problems, mental health problems and disorders. The youth aid provider shall light up a young person who has not reached the age of 12 years in such a way as to fit in with his comprehension.
2 When carrying out the obligation laid down in paragraph 1, the youth aid provider shall be guided by the person who should reasonably know in respect of:
a. the nature and purpose of the youth aid which he considers necessary and of the operations to be carried out;
b. the likely consequences and risks thereof for the person concerned;
c. other methods of youth assistance eligible, and
d. The state of and the prospects with regard to the recorded growth and nutritional problems, mental health problems and disorders in relation to the youth to be provided.
3 The aid provider may only withhold such information as to the extent that the provision of such information appears to be seriously detrimental to the person concerned. If the interest of the person concerned so requires, the youth aid provider shall provide the relevant information to another. The information shall be given to the person concerned as soon as it is no longer intended to give effect to the person concerned. The youth aid provider shall not use the power referred to in the first sentence of sentence other than after having consulted another youth aid provider.
If the person concerned has indicated that he does not wish to receive information, the provision of such information shall be omitted, except in so far as the interest of the party concerned does not outweighs the disadvantage which it may cause to himself or others may result.
1 For the provision of youth assistance, the person concerned shall be subject to the consent of the person concerned, except in the case of youth aid as part of a youth aid authorisation, emergency authorisation of juvenile assistance, child protection measure or youth rehabilitation.
2 If the person concerned is a minor and has reached the age of 12 but not yet of sixteen, the consent of the parents exercising the authority of him or his guardian shall also be required. However, youth aid may be granted without the consent of such parents or guardian if it is manifestly necessary to prevent serious harm to the person concerned, and if the person concerned is also required to do so after the refusal of consent, the carry out well-considered wishes.
3 In the case where a person of sixteen years of age or older cannot be considered to be reasonable appreciating his interests in the matter, the youth aid provider and a person as referred to in Article 7.3.15, second or third paragraph , the apparent views of the person concerned, expressed in written form when this reasonable valuation was still in a position to refuse consent as referred to in the first paragraph. The youth aid provider may derogate from this if there are reasonable grounds for doing so.
1 A minor who has reached the age of sixteen is competent to grant consent to the provision of youth aid for the benefit of himself, as well as to the provision of legal acts directly related to it. hold.
2 The minor shall be liable for the obligations arising therefrom, without prejudice to his parents ' obligation to supply the costs of care and upbringing.
3 In matters relating to the provision of youth aid, the minor shall be competent in and out of law.
At the request of the person concerned, the youth aid provider shall, in any event, lay down in writing the operations of major nature which have given such authorisation.
The person concerned shall give the youth aid provider the best knowledge and cooperation that it is reasonable to provide for the provision of youth aid.
1 The youth aid provider shall establish a file relating to the provision of youth assistance. He shall record in the dossier the information relating to the recorded growth and nutritional problems, mental health problems and disturbances and the operations carried out and shall record other documents containing such information, on this, to the extent that it is necessary to provide good assistance to the person concerned.
2 The youth aid provider shall add to the file, on request, a certificate issued by the person concerned in respect of the documents contained in the file.
3 Without prejudice Article 7.3.9 , the youth aid provider shall keep the file for 15 years from the date of receipt or on which it is manufactured by the youth aid provider, or as much longer as reasonably out of the care of a good youth aid worker. result.
1 The youth aid provider shall destroy the file, or parts thereof, within three months of the request of the person concerned to that effect.
2 The first paragraph shall not apply in so far as the request relates to information reasonably likely to be of material importance to any person other than the person concerned, and to the extent to which the provisions of the law have been Destruction.
The youth aid provider shall, as soon as possible, provide the person concerned with access to and copy of the file, or parts thereof, as soon as possible. The provision shall not be dispensed with as far as is necessary in the interests of protecting another person's private life. The youth aid provider may require reimbursement of the copy in accordance with Article 39 of the Personal Data Protection Act .
1 Without prejudice Article 7.3.2, third paragraph, second sentence , if the youth aid worker is provided to others than the person concerned, do not provide information on the person concerned or the file or copy of the file than with the consent of the person concerned. Where provision is made, they shall be provided only to the extent that they do not adversely affect the privacy of another. The provision shall be made without restriction if the law requires, by or by virtue of the law, to be provided for such provision.
2 Among others, other than the person concerned is not understood:
a. The person who is directly involved in the provision of that youth aid and the person acting as a replacement of the youth aid provider, in so far as the provision is necessary for the work to be carried out by them in that framework; and
b. The person whose consent to the provision of youth assistance on the basis of the Articles 7.3.4 and 7.3.15 is required.
3 If, by providing information on the person concerned or providing a copy of the file, the youth-aid provider may not be considered to be responsible for the care of a good youth aid provider, he shall not be required to do so.
4 Third parties possessing information on the facts and circumstances relating to the person of a supervised minor, his care and education or the person of a parent or guardian, information relating to facts and circumstances relating to information relating to facts and circumstances relating to the person of a parent or guardian. It may be deemed necessary for the performance of the surveillance to be carried out by the certified institution carrying out the surveillance procedure, on request or on its own initiative, without the consent of the persons concerned and if necessary with breaching the obligation to secrecy on the basis of a legal rule, or on the basis of their duties or occupation.
5 By arrangement of Our Ministers, rules may be laid down concerning the contents of the dossier, the manner in which data processing is carried out by and the exchange of data between the college, youth aid providers, the certified institutions and the Council for Child Protection and the manner in which the processing and exchange of data as referred to in the fourth paragraph are to take place. The measures to be taken in order to ensure that the exchange of information is carried out safely and carefully can be defined.
1 By way of derogation from Article 7.3.11, first paragraph , without the consent of the data subject for the purposes of statistics or scientific research in the field of public health, on problems of growth and nutrition, mental health problems and disorders, child protection or youth rehabilitation, another disrequested information concerning the data subject or access to the file shall be provided where:
a. The questions of consent in reasonable terms are not possible and with regard to the conduct of the investigation is provided in such safeguards, that the privacy of the person concerned is not disproportionately damaged; or
b. Questions of consent, having regard to the nature and purpose of the investigation, cannot be reasonably required and the data is provided in such a form that redirection to individual natural persons is reasonably prevented.
2 Shall be provided in accordance with paragraph 1 only if:
(a) the investigation has a general interest;
b. The investigation cannot be carried out without the relevant information; and
(c) in so far as the person concerned has not expressly objected to a provision.
3 In the case of a provision made in accordance with paragraph 1, the record shall be recorded.
1 The youth aid provider carries out the provision of youth assistance beyond the observation of others than the person concerned, unless the person has agreed to the fact that the transactions can be observed by others.
2 Among others, other than the person concerned is not understood:
a. The person whose professional activity is required to cooperate in the provision of that youth aid; and
(b) the person whose consent to the grant of that youth aid on the basis of the Articles 7.3.4 and 7.3.15 is required.
3 If the youth aid provider to conduct transactions cannot be deemed to respect the care of a good youth aid provider, he shall not allow it to be taken into account.
The youth aid provider may, for important reasons, terminate the provision of youth aid.
1 The obligations under this paragraph for the youth aid provider vis-vis the person concerned shall apply, if the person concerned has not reached the age of 12 years, for the youth aid provider vis--vis the parents who have the authority over the person concerned. Then carry on with his guardian.
2 The same shall apply if the person concerned has reached the age of 12 years, but cannot be regarded as having a reasonable appreciation of his interests in the matter, unless such person is of age of majority and under the course of the age or in the course of curated the mentorship is set up for him, in which cases the obligations apply to the liquidator or to the mentor.
3 If an adult person who cannot be regarded as capable of a reasonable appreciation of his interests in the matter, or has not been subject to the mentorship for the benefit of him, is not subject to the obligations laid down for the purpose of the youth aid provider from this section shall apply to the person concerned, to the youth aid provider in respect of the person empowered to act in his place in writing by the person concerned. If such person is absent, or does not comply, the obligations shall apply to the spouse, the registered partner or other person of life of the person concerned, unless that person does not wish to do so, or, if such person is absent from the person, to any parent, child, brother or sister of the person concerned, unless this person does not wish to.
4 The obligations of the youth aid provider to the legal representatives of the data subject referred to in paragraphs 1 and 2 or to the persons referred to in paragraph 3 shall not apply if they are not compatible with the care of the young person from a good youth outreach worker.
5 The person to whom the obligations pursuant to this paragraph apply to the youth aid provider under the second and third paragraphs shall be the concern of a good representative. This person shall be obliged to involve the person concerned as far as possible in the performance of his task.
(6) If the person concerned is opposed to an operation of a substantial nature for which a person referred to in the second or third paragraph has given his consent, the operation may be carried out only if it is manifested necessary in order to take serious action in order to enable the person concerned to carry out to avoid a disadvantage for the person concerned.
1 If on the basis of Article 7.3.15 for performing an operation only the consent of a person referred to there, instead of requiring that of the person concerned, may be transferred to the operation without that consent if the time for requesting that person is is missing due to the fact that the operation is clearly necessary to prevent serious harm to the person concerned.
2 One according to the Articles 7.3.4 and 7.3.15 It may be presumed to have been given, if the operation in question is not of a substantial nature.
This part has not (yet) entered into force; see the summary of changes
1 Our Ministers process data relating to access to youth assistance, prevention, youth assistance, the advice and reporting point of domestic violence and child abuse, the implementation of child protection measures, and youth rehabilitation measures in order to be able to conduct a careful and coherent youth policy and ensure their systematic responsibility.
2 The College shall process data for the establishment of an efficient, effective and coherent municipal policy on prevention, youth assistance, the implementation of child protection measures and youth rehabilitation and rehabilitation; (i) advice and reporting of domestic violence and child abuse, for the purpose of processing, referred to in paragraph 1, and for the access of young people and their parents to youth assistance.
The College shall provide information free of charge to Our Ministers for the purpose of processing, Article 7.4.1, first paragraph . This provision may be both a structural and an incidental nature.
Youth aid providers, prevention providers, certified institutions and the Children ' s Protection Board shall provide data free of charge to the college and Our Ministers, for the purpose of processing, Article 7.4.1, first and second paragraphs . This provision may be both a structural and an incidental nature.
1 The data referred to in the Articles 7.4.1 to 7.4.3 may be personal data, in so far as such data are necessary for:
(a) the effective and effective functioning of access to youth aid, the implementation of child protection measures and youth rehabilitation;
b. the efficient and effective functioning of the providers of prevention, youth aid providers, certified institutions and of the childcare council;
c. the effectiveness and effectiveness of the offer of prevention, youth assistance and certified institutions; and
d. to ensure the responsibility of the system.
2 The data referred to in the first paragraph may be the civil service number and special personal data as intended Article 16 of the Personal Data Protection Act .
3 The data referred to in paragraph 1 shall not be processed for purposes other than those referred to in that paragraph or compatible purposes and shall be processed wherever possible in a manner that ensures that they are not retractable to a person.
1 In the case of, or under general management, rules shall be laid down concerning the contents of the Articles 7.4.1 to 7.4.3 the details of the processing and provision of the data, the periods for which the data are processed and the time limits for which the information is to be transmitted and the time periods for which the data is to be transmitted and the time periods to which the data are to be transmitted and the dates the categories of providers referred to in Article 7.4.3 , be determined.
2 In the case of or under the measure referred to in paragraph 1, it may be determined that the data referred to in the Articles 7.4.2 and 7.4.3 , provided by providers of prevention, youth aid providers, certified institutions, child protection council and the college, to be provided on or processed by or under that measure by Our Group. Ministers or any body to be designated by them.
3 The proposal for a general measure of management to be adopted under the first or second paragraph shall not be taken after the draft in the Official Journal has been published and each has the opportunity to do so within four weeks of the date of publication of the draft general measure of management. the day on which the publication is made, wishes and concerns of our Ministers to be brought to the attention of Our Ministers. At the same time as the publication, the draft shall be submitted to the two Chambers of the States-General.
1 If the young or his parents so wish, the college shall provide them with a personal budget which will enable them to involve the youth aid belonging to the individual provision of third parties.
2 A personal budget shall be provided where:
(a) the young or his parents, in the opinion of the college on their own strength, are capable of reasonably appreciating the interests in the matter or with the help of their social network or of a curator, trustee, mentor, authorised representative, certified institution or provider of closed youth assistance, are able to perform the tasks associated with a person-related budget in a responsible manner;
b. the young or his parents are motivated by the position that they do not consider the individual provision provided by a provider to be appropriate; and
(c) In the opinion of the college, it is ensured that the youth aid belonging to the individual provision and which wish to involve the young or his parents of the budget is of good quality.
3 By regulation, the conditions under which the person to whom a personal budget is granted may involve the youth aid of a person belonging to the social network may be determined.
4 The college may refuse a personal budget:
a. To the extent that the cost of engaging the youth assistance of third parties is higher than the cost of the individual provision; or
b. if the college has previously applied to Article 8.1.4, first paragraph, part a, d or e .
1 The young and his parents shall, upon request or without delay, inform the college of all the facts and circumstances in which they may reasonably have to be clearly informed that such a decision may be taken as a result of a decision to reconsider the decision. concerning a personal budget.
2 The obligation referred to in paragraph 1 shall not apply if the college is able to establish those facts and circumstances on the basis of information which is authentic under the law of law, which may obtain from the facts and circumstances of the case Regulations to be adopted by Our Ministers.
3 The young and his parents shall be obliged to give the college, on request, the cooperation that is reasonably necessary for the implementation of this Act.
The College shall examine periodically whether there is any reason to reconsider a decision on a personal budget.
1 The College may revise or revoke a person's budget decision, if the college finds that:
a. the young or his/her parents have provided incorrect or incomplete information and the provision of correct or complete data would have led to another decision,
b. the young or his parents are no longer dependent on the individual provision or the associated personal budget;
(c) the individual provision or the related personal budget is no longer sufficient to consider sufficient,
d. the young or his parents do not meet the conditions of the personal budget; or
e. the young or his parents do not use the personal budget or use it for a purpose other than that for which it is intended.
The College shall determine in the decision as referred to in paragraph 1 the time at which the decision is to take effect.
3 If the College has revised or withdrawn a decision on a personal budget by application of paragraph 1 (a), the College may, by means of a court order or in part, wholly or wholly unjustin Budget recovery.
1 An individual provision in kind shall be provided to a young person or a parent by or on behalf of the college. Where a third party supplies the provision in kind, the person receiving this provision shall not be subject to any obligation of employers or contractors.
2 If a youthful or a parent receives a budget, payments for the youth assistance received by the young or the parent by or on behalf of the college are provided.
The College shall inform the young and its parent fully, objectively and in any manner comprehensible to him about the consequences of the choice of a budget, rather than an individual provision in kind.
On the budget is Title 4.2 of the General Administrative Law Not applicable.
1 The Social Insurance Bank, mentioned in Article 3 of the Act implementing organisation of work and income , on behalf of the colleges, carries out payments payable by budgets, as well as the related budget management.
2 In the case of, or under general management, rules may be laid down on the manner in which the social insurance bank carries out the task referred to in the first paragraph.
1 The following are a parental contribution to the costs of youth assistance provided to young persons, to the extent that such youth assistance is outside the family, or in the costs of living in a juvenile justice system of young persons. which apply to Article 265b, fifth paragraph, of Book 1 of the Civil Code It has been placed:
a. The debtor parents, including those against whom an op Article 394 of Book 1 of the Civil Code assigned application, and
b. Those who otherwise than as a parent together with the parent exercise the authority over a juvenile.
2 By way of derogation from the first paragraph, no parent contribution shall be due if:
a. The young person with a view to adoption is no longer cared for and raised by his parents;
(b) the parents of authority over the young have been removed or deflated; or
c. the stay and care are offered in an acute emergency, for the duration of up to six weeks.
3 If, in respect of a young person, more than one of the persons mentioned in subparagraphs (a) and (b) of the first paragraph, the parent levy is payable, each of the contributing persons shall be subject to the parental contribution, subject to the condition of the person concerned. Paid, the other one is freed.
4 In the case of, or under general management, rules shall be laid down regarding the parental contribution, including rules on:
a. The amount of the parental contribution,
(b) the period within which the amount of the parental contribution due must be fulfilled,
c. the manner of recovery of the parent's contribution; and
d. the other exceptional grounds for the payment of an old age contribution.
If parents or stepparents are subject to a separate residence and no amount is determined at the foot of the Articles 406 or 407 of Book 1 of the Civil Code or from Article 822, first paragraph, part c, of the Code of Civil Procedure , is the parent or stepparent that is General Child by-entry law has, immediately prior to the start of the youth aid, entitled to family allowances, the parental contribution payable.
1 The parental contribution shall be fixed and collected for the benefit of the municipality by the governing body responsible for fixing and collecting by Our Ministers.
2 The College shall, without delay, make written notice to the governing body responsible for the commencement, amendment and termination of youth aid for which a parental contribution is due to the establishment and recovery of the Agency. This communication shall contain the information necessary for the determination of the contribution. Our Ministers may lay down rules on the way in which this communication is made.
3 The administrative body responsible for the establishment and recovery may recover the parent's contribution in the case of a compulsory order. For the purposes of applying this law, the Governing Body may impose enforceable orders on third parties by means of a copy of the order in which the third party is to be notified. Article 479g of the Code of Civil Procedure shall apply mutatis mutandis.
4 The contribution requirement may be opposed by the court against the enforcement of a compulsory order. The resistance starts with a subpoena by the contribution officer as the plaintiff to the one who issued the warrant as a defendant. The resistance shall suspend the enforcement of the compulsory order in so far as it is contested by the opposition. The objection may not be based on the statement that the notification that the parental contribution has been imposed or the notice of formal notice has not been received. Moreover, the objection cannot be based on the assumption that the parent's contribution has been found to be erroneously or to an overdetermined amount.
5 The governing body entrusted by Our Ministers with the establishment and the collection Article 8.2.1, first paragraph , leaving or derogating from it to the extent that it applies, having regard to the importance of protecting that Article, will lead to an imequity of the nature of that article.
1 The person subject to the contribution, Article 8.2.1, first paragraph , shall be obliged to the administrative body responsible for the establishment and recovery of our Ministers, on request, to provide all the information necessary for the establishment and collection of the parental contribution.
2 On request, the information shall be given in writing within a written, reasonable period of time, within one of the administrative bodies responsible for the establishment and recovery of the Ministers responsible for the establishment and recovery.
If, in the opinion of Our Ministers, the administrative body entrusted by our Ministers with the establishment and recovery of its legal task is not properly entrusted, our Ministers may provide that the powers relating to that task are to be proceed to our Minister of Health, Welfare and Sport.
The governing body entrusted by Our Ministers with the establishment and the collection may use the civil service number of a person who owes a parent contribution:
a. In traffic with the person on whom the number relates; and
b. In his contacts with persons and bodies, to the extent that they are themselves authorised to use the number.
The State Tax Administration shall provide the administrative body responsible for the establishment and recovery of the personal data required by our Ministers for the execution of the personal data required by the latter Article 8.2.3 .
Youth aid providers as referred to in Article 1.1, part 1 ° The budget, the balance sheet and the profit and loss account, together with the explanatory notes, shall be drawn up and published by our Ministers and shall be made public by our Ministers, in accordance with the rules of our Ministers.
Youth aid providers as referred to in Article 1.1, part 1 ° , and certified institutions belonging to a category designated by a general measure of management, shall provide to our Ministers or to an administrative board designated by or under that measure, the body designated by or under that measure details of operation.
1 The governing body referred to in the definition and collection of the parental contribution, as referred to in Article 4 (2) of the Article 8.2.3 , is responsible for the processing of personal data of the young and of his parents, including personal data relating to the health necessary for the establishment and collection of a contribution, to the extent that it is lawful. have been obtained and necessary for the performance of his task under this Act.
2 The governing body shall be the controller referred to in paragraph 1.
1 The Social Insurance Bank is empowered to process personal data of the youthful and his parents, including personal data relating to health required for the provision of payments and budget management, referred to in Article 8.1.8 , to the extent that they have been lawfully obtained and necessary for the performance of his task under this law.
2 The Social Insurance Bank shall be the responsible for the processing referred to in paragraph 1.
1 On the governing body, which is responsible for the establishment and collection of the parental contribution, Article 8.2.3 , is in charge of and on the Social Insurance Bank, are the Articles 7.2.1 to 7.2.5 applicable.
2 The authorities referred to in the first paragraph may be Articles 7.2.2 to 7.2.4 deviate for as long as necessary in relation to urgent cases. In such case Article 7.2.5 Not applicable.
On the governing body referred to in the establishment and the collection of the parental contribution, Article 8.2.3 , in charge of and on the Social Insurance Bank:
a. are the Articles 5.3.2 to 5.3.5 of the Social Support Act 2015 applicable mutatis mutandis;
b. is Article 7.3.12 applicable.
1 There is an inspection of youth services which is under the responsibility of our Minister for Health, Welfare and Sport, and which is responsible for examining the quality in general terms of:
a. The youth aid providers;
b. The certifying institution, referred to in Article 3.4, first paragraph ;
c. the certified institutions;
d. the advice and reporting point of domestic violence and child abuse;
e. the Child Protection Board; and
f. the devices specified in Article 1 (b) of the PrincipLaw of the Judicial Youth , as well as where appropriate, to indicate and promote means of improving them.
2 By way of derogation from the first paragraph, the investigation, insofar as it concerns the implementation of criminal judgments, shall be carried out by the inspection Article 57 of the Security Regions Act .
3 The Articles 5:12 , 5:13 , 5:15 , 5:16 , 5:17 and 5:20 of the General Law governing law shall apply mutatis mutandis to the officials of the inspections, in the performance of the task referred to in the first paragraph.
4 Inspections shall be carried out in accordance with the instructions of our Ministers in the performance of their duties referred to in the first and second paragraphs.
5 The youth concern inspection shall take account of the needs of municipalities in the performance of its task.
6 The inspections of their findings shall report to the person in whose examination the investigation has been carried out and may propose improvements to the quality. Our Ministers shall be informed in writing of the findings.
7 The youth care inspection report publishes an annual report of its work. In the report, it considers the proposals it considers necessary in the interest of youth aid.
1 With the supervision of compliance with or under this Act, officials appointed by Our Ministers shall be responsible for the exercise of such compliance.
2 The officials in charge of supervision shall, in so far as is necessary for the performance of their duties and by way of derogation from Article 5:15, 1st paragraph, of General Law governing law -authorized, with a view to the necessary equipment, to enter a residence of a youth-aid provider without the permission of the resident, to the extent that the dwelling is used for the provision of youth aid or the execution of a person child protection measure or youth probation measure.
3 The officials in charge of supervision shall, in so far as is necessary for the performance of their duties and by way of derogation from Article 5:20, 2nd paragraph, of the General Law governing the administrative law -authorized access to the files. In so far as the professional person concerned is required by virtue of his action for the confidentiality of the file, there shall be equal obligations for the official concerned.
4 The officials in charge of supervision are competent to not comply with the failure to comply with the obligations of a youth aid provider or certified institution of an obligation arising out of the specific or under this Act. unless there is a situation that could represent a serious threat to the safety of young people or parents, the provision of youth assistance or the implementation of a child protection measure or of youth probation, or the importance of otherwise reasonable help is otherwise in the way of doing so.
5 Under ministerial arrangements, our Ministers may lay down rules on the division of tasks between inspections and the mutual cooperation of inspections.
6 If an organization of practitioners of a profession in the field of youth assistance, from the implementation of child protection measures or youth probation, the advice and report points domestic violence and child abuse, the council for the child protection, establishments as intended Article 1 of the PrincipLaw of the Judicial Youth Directions or Halt Bureaux as intended Article 48f of the Law of Justice-grants has organised a system of disciplinary law, Our Ministers may Article 9.2 Have the authority responsible for supervising the supervision of the system to lodge a complaint under that system.
7 Article 9.1, fifth to seventh paragraphs , shall apply mutatis mutandis.
1 If one of Our Ministers considers that a youth aid provider or certified institution fails or fails to comply with this law or its related provisions, he may be the youth aid provider or certified institution which is the Shall give a written indication.
2 In the designation, our Minister shall state the reasons on which the Youth Aid Provider or the certified body must take in order to ensure compliance with or pursuant to this Law.
3 The designation shall set the time limit within which the youth aid provider or the certified body must comply with it.
4 If the taking of measures relating to risks to safety or health cannot reasonably suffer a delay, the following may be Article 9.2, first paragraph Give a written order to the supervising officer. The order has a validity of seven days which may be renewed by one of our Ministers.
5 The youth aid provider or the certified body is required to comply immediately with the injunction within the time limit set in the notice.
6 Mandate to extend the period of validity of an order shall not be granted to an official responsible for the supervision.
1 With the monitoring of compliance with Article 9 of the Central Organing Act asylum seekers , in so far as it concerns minors under the supervision or custody of a certified institution as intended Article 1.1 , are in charge of the officials designated by Our Ministers.
2 Article 9.1, fifth to seventh paragraphs , shall apply mutatis mutandis. The Articles 9.3 , 9.5 and 9.6 are not applicable.
1 Our Ministers are both empowered to impose a burden of government enforcement in order to maintain the Articles 8.3.1 and 8.3.2 and of an under Article 9.3 given designation or order.
2 Our Ministers are both empowered to impose a burden of periodic penalty payments to enforce the provisions of, or pursuant to, the Article 4.2.1, first, second, third and fifth members .
3 Our Ministers are both competent to impose a penalty payment on the person concerned who does not cooperate in the inspection of files, which is intended to be carried out in the Member States. Article 9.2, third paragraph .
1 Our Ministers are both competent to impose an administrative fine of up to € 6,700 in respect of a conduct which is contrary to a practice under which the Article 9.3 indication given, in so far as it concerns non-compliance or insufficient compliance with Article 4.3.1 (2) (b), second paragraph, parts d to j .
2 Our Ministers are both competent to impose an administrative fine of up to € 33.500-on the conduct of a youth aid provider, or a certified body, contrary to or under the conditions of the Articles 4.1.6 , 4.1.8 , or 4.3.2 .
3 A practice in violation of Article 4.1.8 is a criminal offence.
4 With custody not exceeding six months or a fine of the fourth category, the person who commits a criminal offence shall be punished as referred to in the third paragraph.
5 A criminal offence referred to in the third paragraph shall be an infringement.
1 For the purposes of this Article:
a. Guidance: supporting or practicing with skills or actions and putting in structure or carrying out direction, or taking over control, aimed at promoting, maintaining or compensating self-reliance and striving to prevent the disease. inclusion in an institution or neglect of a person with somatic, psychogeriatric or psychiatric condition or limitation, or a mental, physical or sensory disability that has moderate or severe limitations on the property of social security, moving and moving, psychologically functioning, the memory and orientation, or having moderate or severe problem behaviour;
b. Juvenile: person who has not reached the age of 18 years;
c. Short-stay: stay in an institution for up to three times a week, accompanied by personal care, nursing or guidance for any person with somatic, psychogeriatric or psychiatric condition or restriction, or a mental, physical or sensory disability, which is dependent on permanent supervision, if necessary for the relief of the person providing him with usual care or a care of a man's care;
ed. personal care: to support or take over personal care activities related to somatic, psychogeriatric or psychiatric condition or limitation, or a mental, physical or sensory disability, focused on the elimination of a lack of self-reliance;
e. psychiatric disorder or limitation: psychiatric disorder or limitation as intended by or under Article 6 of the General Law of Special Sickness Benefits ;
f. Disability: Disability referred to in or pursuant to Article 6 of the General Law of Special Sickness Benefits .
2 The claims of care, referred to in Article 6, first paragraph, of the General Law on Special Sickness Benefits do not include the care of young people in connection with their mental disability or their psychiatric disorder or limitation, as well as non-care, counselling, personal care and short-term stay of young people.
3 The rights and obligations which at the time of the entry into force of this Act apply with regard to concerns to which a youthful has been designated in connection with his learning disability or psychiatric disorder or limitation and with respect to taking care, taking care, personal care or short-term residence, for which on account of the General Law Specific Health Costs an indication decision has been issued before the entry into force of this Act, shall continue to apply for the duration of the decision, but not more than one year from the date of entry into force of this Act, on the understanding that the College of the Municipality shall be within which the young person is domicile, replaces the care insurer of the young, intended in Article 1, first paragraph, point (b) of the General Law on Special Sickness Benefits .
4 The rights and obligations applicable at the time of entry into force of this Act with regard to care upon which a youthful has been designated in connection with its psychiatric disorder or limitation, for which a reference is as referred to in Article 9b, Fifth paragraph, of the General Law on Special Sickness Benefits has been granted before the entry into force of this Law, shall continue to apply during the period for which the reference applies, but not more than one year after the entry into force of this Act, except that the college of the municipality within which the juvenile law applies is domicile, replaces the health insurance provider of the juvenile, is intended to be Article 1, first paragraph, point (b) of the General Law on Special Sickness Benefits .
5 The College is responsible for the young, in situations referred to in the third and fourth Member States, that the youth aid which has already been deployed before the entry into force of this Act may continue to apply to the same provider after the entry into force of this Act, where this is reasonably possible.
6 If a youthful young person residing abroad at the time of entry into force of this Act on the basis of Article 3.1.2 of the Act of Import and Adaptation of the Sea Insurance Act is entitled to a fee or to a fee based on the Article 1.22 of the Adaptation Decision Health Insurance Act is entitled to benefits in respect of personal care, nursing, mentoring, treatment, residence, stay, short stay, transport or continued residence, that young person shall retain that claim to the municipality within which the on the young person's place of residence, for the duration of the indication decision, but no later than one year after the entry into force of this Article.
1 For the purposes of this Article:
a. mental health services:
1 °. medical care, residence, care and nursing as intended by or under Article 11, third paragraph, of the Zorginsurance Act , which requires a person in connection with a psychiatric disorder or limitation;
2 °. Dyslexiecare as intended by or under Article 11, third paragraph, of the Zorginsurance Act ;
b. Juvenile: person who has not reached the age of 18.
2 The performance, intended in Article 11, first paragraph, of the Zorginsurance Act on which an insured person is entitled to his health insurance provider does not include mental health care to you-young.
3 The rights and obligations that apply at the time of entry into force of this Act regarding mental health care, whether or not with residence, for which an indication decision as referred to in Article 9b (4) (b) of the General Law on Special Sickness Benefits or Article 14, third paragraph, of the Zorginsurance Act issued before the entry into force of this Law, shall continue to apply for the duration of the decision, but not more than one year from the date of entry into force of this Act, except that the college of the municipality within which the law is youth are domicile, instead of the health insurer of the young, which is intended to be Article 1, first paragraph, point (b) of the Law on the Sea Insurance Act .
4 The rights and obligations that apply at the time of entry into force of this Act regarding mental health care, whether or not with residence, for which a reference is as referred to in Article 14, third paragraph, of the Zorginsurance Act or Article 9b, Fifth paragraph, of the General Law on Special Sickness Benefits has been granted before the entry into force of this Law, shall continue to apply during the period for which the reference applies, but not more than one year after the entry into force of this Law; it shall be understood that the college of the municipality within which the law is youth are domicile, instead of the health insurer of the young, which is intended to be Article 1, first paragraph, point (b) of the Law on the Sea Insurance Act .
5 The College is responsible for the young, in situations referred to in the third and fourth Member States, that the youth aid which has already been deployed before the entry into force of this Act may continue to apply to the same provider after the entry into force of this Act, where this is reasonably possible.
1 For the purposes of this Article:
- Juvenile: a person resident outside the Netherlands who has not reached the age of 18 years and who is either on the day prior to the entry into force of this Law on the basis of Article 5, first paragraph, point (b) or (4) of the General Law on Special Sickness Benefits be insured and on that date are entitled to reimbursement of the costs of the care which existed on that date on the basis of Article 6 of the General Law of Special Sickness Benefits Either registered at the Zorginstitute or a person residing abroad who is applying a Regulation of the Council of the European Communities or the application of such a regulation pursuant to the Convention on the the European Economic Area or a convention on social security in the event of a need for care is entitled to care or reimbursement of its costs, as provided for in the legislation on insurance for the care of their residential country;
- take care: care as intended in the Articles 10.1 and 10.2 of which the claim based on the General Law Specific Health Costs or the Health insurance law as a result of the entry into force of Article 11.7 Law shall be repealed and which may be regarded as youth aid after the entry into force of Article 11.7 of this Law;
- Care Institute: Health Institute Netherlands, intended in Article 58 of the Zorginsurance Act .
2 Persons and institutions with a view to taking care of a young person who is entitled to reimbursement of all or part of the costs of such care, or to the young person concerned, shall forward the note for reimbursement to the person concerned. Care Institute.
3 The Care Institute may grant a legal person mandate and power of attorney to take decisions on its behalf or to carry out any work relating to the provision of fees as referred to in the second paragraph.
4 The fees referred to in paragraph 2 shall be borne by the Zorginsurance Fund and the General Fund for Special Sickness Benefits.
1 For the purposes of this Article:
a. client: juvenile or his parents or foster parents;
b. Juvenile: person who:
1 °. the age of majority has not yet reached the age of majority,
2 °. has reached the age of majority and in respect of whom on the basis of Article 77c of the Code of Criminal Law right is done according to the Articles 77g to 77gg of the Code of Criminal Law , or
3 °. the age of majority but not the age of twenty-three years has been achieved, and for those who had been arrested or whose application had been submitted before the age of the age of the age of the age of majority, necessary For whom, after the end of the care of young people who had been arrested before reaching the age of majority, a resumption of youth care is necessary within a period of half a year; and
c. youth care: support and assistance to young people, their parents, stepparents or others, who provide and raise young people as belonging to their families, problems of growth or education, or threats of such a kind;
2 The rights and obligations applicable at the time of entry into force of this Act with regard to youth concerns for which an Indication Decision as referred to in Article 3, third paragraph, of the Law on Youth issued before the entry into force of this Act, shall continue to apply for the duration of the decision, but not more than one year from the date of entry into force of this Act, except that the college of the municipality within which the young is domicile, instead of the deputed states of the province, is intended to be Article 3, 2nd paragraph, of the Law on Youth .
3 The college is responsible for having the youthful in a situation as referred to in the second member, the youth aid that has already been deployed before the entry into force of this Act, after the entry into force of this Act, may continue to be applied to the same provider, if it is reasonably possible.
4 By way of derogation from the second paragraph, where an indication decision has been taken as to whether the juvenile is designated as a foster care, no end date for the rights and obligations associated with this decision against the college shall apply.
5 The College is responsible for ensuring that the young person in a situation as referred to in the second paragraph, who has already been placed before the entry into force of this Act by a foster parent, is to continue to foster care with the same foster parents. A derogation may be made only if necessary for the provision of responsible aid.
6 Where the chargeability of a parent's contribution is part of the rights and obligations referred to in the second paragraph, the National Agency shall provide Maintenance Recovery Contributions to the administrative body responsible for the establishment and collection of the parental contribution is taxed, for the proper performance of the task of that administrative body, and to the municipality where the young person referred to in this Law is domicile, and to whom the instrument of participation as referred to in the second paragraph is related, a copy of the Article 12, third sentence, of the Law on Youth Those forms.
1 The College shall have the power to process personal data, including special personal data, for the purposes of:
a. the execution of Article 12.4, introductory wording and first paragraph, points (a) and (b) ;
b. the implementation of the Articles 10.1 , 10.2 and 10.3 , and
c. the provision of facilities in the field of youth assistance and the implementation of child protection measures and youth rehabilitation for young persons or parents in the first calendar year following the calendar year in which the Articles 10.1 , 10.2 and 10.3 entered into force, following the provision of provisions by the college pursuant to Articles 10.1, 10.2 and 10.3.
2 With regard to a young or his/her parents who, as a result of the entry into force of this Act, are no longer entitled to personal care, nursing, treatment, residence, stay, short stay, transport, and continued residence on the basis of the General Law Specific Health Costs , youth care based on the Law on Youth or mental health care on the basis of Health insurance law , providing youth aid providers, as well as persons and organisations designated by our Ministers for that purpose by our Ministers, to provide personal data, including special personal data, to the college of the commune in which the young person concerned is domicile.
3 The information to be provided shall not exceed:
a. Identification data, including the civil service number of the juvenile;
b. information relating to the place of residence and, where necessary, identifying information, including the civil service number, of the parents or other legal representatives for the purpose of determining the place of residence;
c. The youth aid provider providing the youth aid at the time of the provision of the data, as well as information concerning the youth aid provider which will provide the youth aid on 1 January of the calendar year in which the aid is to be granted. Articles 10.1 , 10.2 and 10.3 enter into force;
d. data, including personal data, relating to the youth aid granted or to be provided at the time of the data, implementation of the child protection measure or youth rehabilitation measure, in so far as such provision is necessary for the adoption of connecting facilities in the field of youth assistance, the implementation of child protection measures or youth rehabilitation, and
e. Data relating to the delivery form of the youth aid.
4 The receiving college shall forward the information to another college if it considers that the other college is to be regarded as the college of the municipality within which the young person is domicile. Where necessary, the receiving college shall enter into consultations with other colleges to establish the municipality within which the young person's residence is established. The receiving college shall notify the provider, referred to in paragraph 2, if it is a forwarding agent.
5 Youth aid providers shall inform the young or his parents prior to the provision of the information, unless this proves impossible or requires a disproportionate effort.
6 The information referred to in paragraphs 2 to 4 of the second paragraph shall be published not later than 31 January of the first calendar year following the calendar year in which the information Articles 10.1 , 10.2 and 10.3 to enter into force by the College, unless the information is necessary for the execution of a final provision in the field of youth assistance or for the implementation of a child protection measure or youth rehabilitation programme as referred to in Article 3 (2) of the EC Treaty. the first subparagraph, or part c, or to the satisfaction of any legal requirement, must remain.
7 The rules of our Ministers shall lay down detailed rules on the content of the information referred to in the second and third paragraphs, the categories of youth aid providers and other persons and organisations designated by Our Ministers, as specified in the Annex. second member, providing the information, the manner and timing of the provision of the data referred to in the second and third paragraphs, and the notice referred to in the fourth paragraph. In doing so, the data or the message may be provided to and processed by Our Ministers or a temporary provision to be notified by them.
1 An application as referred to in Article 7, 1st paragraph, of the Law on Youth , which has been submitted for the entry into force of Article 11.7 of this law, is provided in the state of treatment in which it is located by the foundation, Article 1 of the Law on Youth As this stated on the day prior to the entry into force of Article 11.7 of this Law, at the latest on the day before the entry into force of Article 11.7 of that Act, transferred to the College of the Commune within which the young person is domicile in order to allow the college to take a decision on the application under this law.
2 An application for a youthful, who is also insured in the sense of the General Law Specific Health Costs for care whose claim under the General Law Special Sickness Benefits as a result of the entry into force of Article 11.7 of this law, which, after the entry into force of Article 11.7 of the Act, could be regarded as youth aid for which the college was held to affect a provision under that law, which had been submitted before the entry into force of this law, Article 11.7 of this Law, shall be established within two weeks of the entry into force of Article 11.7 of this Law in the state in which it is situated, by the relevant indicatorybody, the foundation, Article 9b, 1st and 4th paragraph, of the General Law on Special Sickness Benefits , as this stated on the day prior to the entry into force of this Act, or by the person designated by Our Minister of Health, Welfare and Sports as intended Article 53 of the General Law of Special Sickness Benefits , transferred to the college of the municipality within which the young person is domicile, in order to allow the college to take a decision on the application under this law.
3 An application for a youthful, who is also insured in the sense of Health insurance law in the case of care whose claim under the Law of the Sea is due to expire as a result of the entry into force of this Act and which after the entry into force of this Law Article 11.7 of this Act may be considered as youth aid for which the college has been held to affect a provision under this law, submitted before the entry into force of Article 11.7 of this Act, shall be considered to be of section 11.7 of this Law in the stand in which it is located, by the foundation, intended Article 1 of the Law on Youth As this stated on the day prior to the entry into force of this Act, transferred to the college of the municipality within which the young person is domicile, in order to enable the College to take the opportunity under this law on the request to make a decision.
4 The competent indication body or foundation referred to in paragraph 2, or the person designated by our Minister of Health, Welfare and Sport, as well as the foundation referred to in paragraph 3, shall, within two weeks of the day on which the Article 11.7 of this Act shall enter into force of the College the personal data of the insured person, including personal data relating to health as referred to in the Personal data protection law , which are necessary for the performance of the task referred to in the second and third paragraphs.
5 The College shall have the power to process the personal data provided to him in accordance with the fourth paragraph, to the extent necessary to decide upon the application.
1 A request for authorisation or provisional authorisation as referred to in the Articles 29b Respectively 29c of the Law on Youth for the date of entry into force of this Law, shall apply as from that date as a request for authorisation as provided for in the Articles 6.1.2 Respectively 6.1.3 of this law.
2 An authorisation and a provisional authorisation as referred to in the Articles 29b Respectively 29c of the Law on Youth for the date of entry into force of this Act, apply as from that date as an authorisation as provided for in the Articles 6.1.2 Respectively 6.1.3 of this law.
1 In this article and in the Articles 10.7 and 10.11 'Youth agency' means the 'foundation' which provides a youth care office under the Law on Youth to be maintained, as provided for by that Law until the entry into force of Article 11.7, first paragraph .
2 Custody and provisional custody, exercised by a youth agency or mandated to an institution with a nationwide reach that at the time of entry into force Article 11.7, first paragraph , certified, shall be based on that date at that certified establishment.
3 The second paragraph shall apply mutatis mutandis in respect of the under-surveillance, provisional surveillance and youth rehabilitation.
1 Custody or provisional custody, exercised by a youth agency or mandated to an institution with a national coverage area at the time of entry into force of the Article 11.7, first paragraph , not certified, shall be exercised as from that time, but not more than one year thereafter, by that office or by that mandated institution with a national scope.
2 Supervision and provisional supervision, entrusted to a youth agency or mandated to an institution with a national reach which at the time of entry into force of the Article 11.7, first paragraph , not certified, shall remain in place with effect from that time and until the child court has delivered an extension of the supervisory board or an underoversight set by that office or by that mandated by that office. institution with a nationwide reach.
3 Youth Rehabilitation, exercised by a youth agency or mandated to an institution with a national scope which is at the time of the entry into force of this Regulation Article 11.7, first paragraph , not certified, shall be exercised as from that time, but not more than one year thereafter, by that office or by that mandated institution with a national scope.
1 Custody, provisional custody or temporary guardianship, exercised by the legal person, Article 302, 2nd paragraph, of Book 1 of the Civil Code , which at the time of the entry into force of Article 11.7, first paragraph , if a certified institution is designated, it shall be established from that date from that certified institution.
2 The first paragraph shall apply mutatis mutandis with regard to the tasks of the legal person, as referred to in Article 2 (1). Article 256, 1st paragraph, of Book 1 of the Civil Code .
1 Custody, provisional custody or temporary custody exercised by the legal person, Article 302, 2nd paragraph, of Book 1 of the Civil Code , which at the time of the entry into force of Article 11.7, first paragraph , if a certified institution is not designated, it shall remain the responsibility of the legal person for a maximum period of one year thereafter.
2 The first paragraph shall apply mutatis mutandis in relation to the tasks of the Article 256, 1st paragraph, of Book 1 of the Civil Code legal person.
By way of derogation from Article 3.2, second paragraph , a mandated institution with a nationwide reach may also offer youth assistance for up to one year after the date of entry into force of Article 11.7, first paragraph .
In the calendar year in which Article 11.7, first paragraph , when it comes into force, the colleges of the municipalities designated by the Bureau of the Rules of Procedure of Our Ministers spend at least eighty per cent of the budget allocated by the province in 2014 as a local authority designated by the province. provide that office with a youth care system for the purpose of carrying out its statutory tasks.
1 The governing body on the basis of Article 8.2.3, first paragraph , of this Act with the establishment and collection of parental contributions, is subject to a person appointed at the time of the entry into force of the Act. Article 11.7 of this Act as an official in the sense of Article 1 of the Civil Service Act at the Nationwide Office Inning Maintenance Contributions, intended in Article 73 of the Law on Youth , employed, and which is responsible for the establishment and collection of parental contributions and in relation to that entry into force of the administrative body referred to in Article 8.2.3.
2 On a person as referred to in paragraph 1, the legal position rules applicable to officials appointed to ministries shall apply mutatis mutandis. The powers laid down in those rules, with the exception of the powers conferred upon us or by our Minister of the Interior and of the Kingdom of the Kingdom, are exercised by the governing body which, in the event of a change in law, has the right to adopt the rules of the land of Article 8.2.3, first paragraph , this law has been entrusted with the establishment and collection of parental contributions. To the extent specified in those rules that powers are exercised with the co-involvement of Our Minister of the Interior and Kingdom Relations, these powers shall be exercised with the co-involvement of Our Minister of State Public health, Welfare and Sport.
1 The Law on Youth shall be withdrawn, subject to the following conditions:
(a) it shall continue to apply to the financial responsibility, establishment, payment of grants and benefits granted under that law and to the establishment and collection under that law of parental contributions; and
b. Chapter VII of the Law on Youth continue to be applicable to the provision and processing of data relating to the last calendar year for that withdrawal.
2 In legal proceedings and legal proceedings against decisions taken on the basis of the Law on Youth If they are taken, or to set up or set up actions brought against such decisions, the rules applicable to the repeal of that law shall continue to apply both at first instance and in a further instance. If it is a decision taken by a foundation as referred to in Article 1 of the Law on Youth , the college of the municipality where the young person is domicile shall be the place of that foundation.
1 In order to achieve a more effective and effective implementation of this Law, with an optimal coherent implementation of the voluntary and forced framework, rules may be laid down for a general measure of administration for the purpose of establishing a period of not more than three years for experiments, with a derogation from Article 3.2, second paragraph .
2 In a general measure of management as referred to in paragraph 1, the conditions of the experiment shall be determined in each case, and also the outcome of the experiment.
3 Our Ministers shall forward three months before the end of the period of operation of a general measure of management referred to in paragraph 1 to the two Chambers of the States-General, a report on the effectiveness and effectiveness of the experiment, as well as a position on the continuation of that measure, other than as an experiment.
4 In the case of a general measure of management, experiments referred to in paragraph 1 may be continued until a structural provision has been completed, but not longer than for a period of not more than two years.
Within three years of the entry into force of the law, our Ministers shall send to the States-General a report on the effectiveness and effects of this law in practice.
1 Where a certified institution is constituted in whole or in part from a foundation as referred to in Article 1, 1st paragraph, of the Law on Youth , are the obligations arising from the Archive Act 1995 and the Articles 55 and 56 of the Law on Youth the Foundation shall rest on the certified establishment, subject to the provisions of the fifth paragraph. For the purposes of this Article, the Foundation means a mandated institution with a national reach.
2 If one or more certified institutions are formed of one or more foundations as referred to in Article 1, 1st paragraph, of the Law on Youth -shall make arrangements jointly with regard to the obligations referred to in paragraph 1, on the other hand, to provide for the provision of a provision for the provision of Article 4, first paragraph, of the Archives Act 1995 .
3 An arrangement or provision as referred to in paragraph 2 shall mean that all the obligations referred to in the first paragraph shall be invested.
4 If a foundation does not constitute a certified institution, the foundation shall establish a system of collateral with one or more certified institutions or municipalities, subject to the provisions of the fifth paragraph. The second and third paragraphs shall apply mutatis mutandis.
5 If a task or competence referred to in the Articles 5 to 11 of the Law on Youth which was carried out by a foundation, is carried out by a body other than a certified institution, the obligations related to that task or competence as referred to in the first paragraph shall be based on that other.
6 The obligations referred to in paragraph 5 shall in any case be as far as they are concerned, in so far as it relates to:
a. a client for the benefit of whom the foundation has taken a decision after 1 January 2013 establishing that that client has been designated for care as intended in Article 5, 2nd paragraph, of the Law on Youth ;
b. a client who is applying for care as intended in Article 5, 2nd paragraph, of the Law on Youth has been submitted on the date of entry into force of the Article 11.7, first paragraph , no decision has been taken of this law;
c. the tasks as referred to in Article 11, First paragraph, of the Law on Youth , implemented after 1 January 2013, to the extent that these documents are redirecting to an identifiable juvenile or his parents.
7 Transfer of documents pursuant to this Article shall be carried out in a good, ordered and accessible condition. The transferor shall make a declaration of estrangement on the transferor.
1 Filing documents and the related obligations, as referred to in the Archive Act 1995 , with regard to care for which an application as referred to in Article 10.4a, second paragraph , has been submitted to an indicatoryreferred to in Article 9a of the General Health Insurance Act and on which on the date of entry into force of Article 11.7 no decision has yet been taken, shall be transferred by that indication body to the college of the municipality where the young person is domicile and that a provision is to be taken under this law.
2 In so far as the archive documents referred to in paragraph 1 concern for which the date of entry into force of this paragraph is Article 11.7 an indication decision has been issued, the indication body referred to in Article 9a of the General Health Insurance Act , healthcare carrier as intended Article 1 of the Archives Act 1995 to the extent that the archive documents are not in accordance with Archive Act 1995 have been transferred to an archive store.
3 The indication body referred to in paragraph 2 shall, on receipt of a notification to that effect by the assembly of the commune of the commune with which the young is domicile, transfer to the college the archives within four weeks, before the date of taking into account and at the risk of that College, in the case of concern for which that college is held, to take a facility under this Act and those documents are necessary for that purpose, in order to allow the College to copy it. The College shall return the archive documents within four weeks of receipt.
1 The College and the City Council shall prepare themselves in good time and in good time for what they are responsible for from the moment when the provisions of this Act enter into force, ensuring, in particular, that:
a. the continuity of the provision of youth assistance, the implementation of child protection measures and youth rehabilitation;
b. the infrastructure necessary to provide youth and parents with the continuity, as referred to in subparagraph (a),
c. a limitation of the friction costs; and
d. the functioning of advice and reporting points for domestic violence and child abuse.
2 The City Council shall propose the policy plan, Article 2.2 , and the Regulation referred to in Article 2.9 , fixed before 1 November of the calendar year in which this Article enters into force.
3 For the purposes of the implementation of the first paragraph and of Article 2.6, first paragraph, point (a) , the colleges for the year 2015 with organisations to designate a key function in the field of youth aid to be indicated by Our Ministers and which are dependent on the continuity of their services to be provided by our Ministers. large number of municipalities, on a timely basis, but in any case before 1 November 2014, agreements establishing the continuity of the provision of youth assistance and the maintenance of the necessary infrastructure for the purpose of ensuring continuity of assistance and the maintenance of the necessary infrastructure for:
a. the budget;
b. The favoured otting; and
c. The rates to be applied.
The College shall publish for the first time before 1 July of the second calendar year following the calendar year in which Article 2.10 has entered into force, the results of the in accordance with Article 2.10 of this Act, in conjunction with Article 2.5.1, 1st paragraph, of the 2015 Social Support Act referred to in the investigation and shall simultaneously provide the Article 7.4.2 in conjunction with 7.4.1 First paragraph, details of the information to our Ministers.
The Articles 1.1 , 2.2 , 2.9 , 2.15 , 3.4 , 10.4 , and 12.4 shall enter into force on the day following the date of issuance of the Official Gazette in which it is placed. The other articles of this Law shall enter into force on a date to be determined by Royal Decree, which may be determined differently for the various articles or parts of such articles.
This law is cited as: Youth law.
Burdens and orders that it will be placed in the Official Gazette and that all ministries, authorities, colleges and public servants who so far as to do so will keep their hands on the precise execution.
Entry
Wassenaar, 1 March 2014
William-Alexander
The Secretary of State for Health, Welfare and Sport,
M.J. van Rijn
The Secretary of State for Security and Justice,
F. Teeven
Issued the 14th March 2014The Minister for Security and Justice,
I. W. Opstelten
