Law on youth stays

Original Language Title: Wet op de jeugdverblijven

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Law of 10 February 2016 laying down provisions in the field of youth residenes (Youth Residence Act)

We Willem-Alexander, at the grace of God, King of the Netherlands, Prince of Orange-Nassau, etc. etc. etc.

All those who will see or hear these read, saluut! do know:

In this regard, we have taken into consideration the desiraation of setting rules for young people with a view to promoting their safety, undisturbed development and pedagogical conditions for minors who are staying there;

For instance, we, the Department of Consultative Affairs of the Council of State heard, and with the mean consultations of the States-General, have been well-liked and understood to be right and to be understood by this:


Article 1

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  • 1 In this Act the following definitions shall apply:

    • College: (a) College of mayor and aldermen of the municipality where the youth residence is established;

    • holder: the person who maintains a youth residence;

    • Youth stay: establishment, not financed by a Dutch government or under a statutory provision, where at least four minors have been left or are expected to spend more than half of the time outside family or family-related periods for half a year or shall stay overnight.

  • 2 This Act does not apply to establishments in which a form of surveillance of the safety, development and pedagogical climate of minors is regulated by virtue of a law other than that law.


Article 2

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The holder shall make a single communication to the college without delay on the holding of a youth residence.


Article 3

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  • 1 The holder proposes, with a view to promoting safety, the educational environment and the prevention of a serious threat to the development of minors, a quality framework containing quality rules in any case on the following topics:

    • a. the mission and the vision for the youth residence;

    • b. the position and involvement of the remaining minors and their parents;

    • c. Complaint policy;

    • d. reporting in respect of the policies and objectives of the youth residence;

    • e. the safe and healthy working and living environment, including:

      • 1 °. Aggression and discrimination;

      • 2 °. alcohol and drugs;

      • 3 °. child abuse;

      • 4 °. bullying.

    • f. personnel policy;

    • g. the pedagogical policy and the pedagogical environment, including:

      • 1 °. suspension and disposal;

      • 2 °. social media;

      • 3 °. citizenship;

      • 4 °. punishment.

  • 2 The holder shall ensure that the quality requirements referred to in the first paragraph are met within the youth residence.


Article 4

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  • 1 A youth residence is a trust person, who supports or informs minors, their parents or their legal representatives if desired. The person of confidence shall carry out his work in independence.

  • 2 As confidence person is not designated the person who:

    • a. Holder;

    • b. carried out in any form or in any way for the holder, with the exception of the activities necessary for the exercise of the function of confidence person; or

    • c. Blood-or related to third degree, or the legal representative of a minor in that juvenile residence.


Article 5

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  • 1 In the case of, or under general management, rules shall be laid down for the quality rules referred to in Article 1 Article 3 .

  • 2 In the case of, or under general management, detailed rules may be laid down in respect of the Articles 2 and 4 .


Article 6

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  • 1 The holder is in possession of a statement about the behaviour as referred to in Article 28 of the Law and Criminal Justice Act , as regards oneself and any person who may not occasionally come into contact with the minors or their parents during the stay of the youth.

  • 2 A declaration as referred to in paragraph 1 shall not be issued earlier than three months prior to the date on which the person referred to in paragraph 1 became involved in the youth residence.


Article 7

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  • 1 The college is in charge of monitoring compliance with this law.

  • 3 The supervisor shall be empowered to enter a dwelling without the permission of the occupant, with a view to taking the necessary equipment, in so far as that residence is at the service of the children's stay.


Article 8

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The supervisor shall pay a visit to the youth residence at least once a year.


Article 9

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  • 1 The College may indicate to the holder a statement that, in respect of the child's residence maintained by the holder, it is violated by or by virtue of that law.

  • 2 The indication shall include a period within which the holder must comply with the appointment in respect of the stay of children.

  • 3 The college shall be responsible for imposing a penalty on the holder of the penalty, if it does not give sufficient execution to the appointment in respect of a child's stay.


Article 10

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  • 1 The mayor is empowered to close the youth residence in case of a well-founded presumption of an offence or offence which has direct consequences for the safety of the minor or poses a serious threat to the development of the Minor in the youth residence.

  • 2 The decision, referred to in paragraph 1, shall determine the duration of the youth stay.


Article 11

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Article 12

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Our Minister of Social Affairs and Employment and Our Minister of Health, Welfare and Sport shall send to the States-General a report on the effectiveness and effects of this Act within three years of the entry into force of this Law. in practice.


Article 13

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The 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.


Article 14

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This law is cited as: Law on youth residenes.

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, 10 February 2016

William-Alexander

The Secretary of State for Health, Welfare and Sport,

M.J. van Rijn

The Minister for Social Affairs and Employment,

L.F. Asscher

Published the 23rd of February 2016

The Minister for Security and Justice,

G.A. van der Steur