Key Benefits:
Decision of 5 November 2014 laying down rules for the implementation of the Youth Act (Youth Act Decision)
We Willem-Alexander, at the grace of God, King of the Netherlands, Prince of Orange-Nassau, etc. etc. etc.
On the nomination of the Secretary of State for Security and Justice of 5 August 2014, registration number 547112, also on behalf of the Secretary of State for Health, Welfare and Sport;
Having regard to the Article 1.3, fourth paragraph , 2.14 , 3.4, sixth Member , 4.1.5, first paragraph , 4.1.9, second paragraph , 6.2.1, second paragraph , 6.5.1, second paragraph , 7.1.1.2, first paragraph, part a, and second paragraph, part a , 7.1.2.2, 4th Member , 7.1.4.2, 4th Member , 7.2.8, first and fifth members , 7.4.5, 1st and 2nd Member , 8.2.1, fourth member , and 8.3.2 of the Youth Act , 4.1.1, fifth paragraph , 4.2.3, first paragraph , 4.2.6, 2nd Member , 4.2.12, third and fourth Member States and 5.3.1, 4th paragraph, of the 2015 Social Support Act , 125, first paragraph, of the Civil Service Act , 2:1, 1st member, of the Labor Time Act , 3.6, 2nd Member , and 3.22, 4th member, of the Basic Registration Act Persons , 3, second paragraph , 3b, second member , 5a , 20, second paragraph , 29, third member , and 63, second paragraph, of the PrincipalLaw of the Judicial Youth , 24 of the law professions in individual health care , 24, second member, of the Personal Data Protection Act , 7, fifth paragraph , 239, fifth paragraph , and 244 of Book 1 of the Civil Code , 43 and 44, second member, of the Youth Care Act , 40, second paragraph , and 42, fifth paragraph, of the Judicial and Criminal Justice Act , 48g of the Law of Justice-Subsits , 11, first paragraph, of the Law on Turnover Tax , 13, 4th paragraph, of the Law Police Data Act , 47, first paragraph, of the Police Act 2012 , 77z and 77ff, second member, of the Penal Code , 493, sixth member, of the Code of Criminal Procedure , 3.14 of the Law for the Study of Study 2000 , 11, 1st member, of the Tobacco Act , 9, first paragraph, of the Judicial and Criminal Justice Act , 1.50, 2nd Member , 1.56b, second paragraph and 2.6, second paragraph, of the Law on childcare and quality standards in kindergnae-play halls , Article 11, third paragraph, of the Zorginsurance Act ; and 2, second paragraph , and Paragraph 5, eighth paragraph, of the Law on the chronically ill and disabled ;
The Department for the Advisory Board of the State (opinion of 18 September 2014, RvS, no. W13.14.0281/III);
Having regard to the further report of the Secretary of State for Health, Welfare and Sport, and the Secretary of State for Security and Justice of 4 November 2014, reference No 681853-128589-WJZ,
Have found good and understand:
For the purposes of this Decision and the provisions based thereon, the following definitions shall apply:
- a professional register: register in which practitioners of professions are registered in the youth domain and which aims to promote and maintain the quality of professional practice;
- Registered youth professional: professional person enrolled in the quality register of youth;
- registered professional: registered youth professional or professional who is enrolled as a doctor, nurse, healthcare psychologist or psychotherapist in a register as intended in Article 3 of the Act on Professions in Individual Health Care ;
- Family custody worker: employee of a certified establishment, in charge of conducting the under-surveillance, intended to Article 255 of Book 1 of the Civil Code and the provisional surveillance system, specified in Article of 257 Book 1 of the Civil Code ;
- youth domain: field to which providers of youth aid, child protection measures and youth rehabilitation schemes, advice and reporting points of domestic violence and child abuse, colleges in so far as it concerns the allocation of guidance to, advice on, and provision of the designated provision, judicial youth bodies, Halt agencies and the Children ' s Protection Board;
- Youth rehabilitation worker: employee of a certified institution, in charge of performing youth rehabilitation;
- Complaint: Complaint as referred to in Article 6.5.1, first paragraph, of the Act ;
- Complaints Commission: complaints commission, referred to in Article 4.2.1, second paragraph, of the Act , in so far as these complaints deal with a decision as referred to in Article 6.5.1, first paragraph, of the Act ;
- Complainant: the person who makes a complaint as intended Article 6.5.1, first paragraph, of the Act submits;
- Quality register youth: by Our Ministers on the basis of Article 5.2.1, first paragraph , approved register;
- Registry Foundation: foundation, intended in Article 5.2.1, second paragraph ;
- SBV-Z: sectoral messaging in the care specified in Article 11 of the Decision shall use civil service number in the care ;
- Custody worker: employee of a certified institution in charge of conducting custody and provisional custody on the basis of Book 1 of the Civil Code ;
- foreigner: foreigner as intended in the Aliens Act 2000 ;
- Law: Juvenile law .
1 The responsibility of the college, referred to in Article 1.3, second paragraph, of the Act shall also apply to aliens who have no legitimate residence in the Netherlands and who have not reached the age of 18 years.
2 If a provision for youth assistance with residence is provided for in the first paragraph, the college shall only have a provision to stay with a foster parent if necessary in the event of a person residing in the place of foster care. importance of the development of that stranger. If the college is required to stay in a foster parent for a foreigner, he shall indicate why he is not dependent on accommodation of a youth aid provider.
3 The duration of the provision for a foreigner as referred to in paragraph 1 shall be in accordance with the expected length of the stay in the Netherlands and shall not exceed half a year.
4 If the college is a provision as intended Article 2.3, first paragraph, of the Act For the benefit of a foreigner, the duration of that provision is not more than half a year, if the foreigner has a residence permit for some time which has been granted under the restriction relating to temporary treatment. humanitarian grounds as intended Article 3.5, second paragraph, introductory wording and point (i) of the Aliens Decision 2000 .
For the purpose of carrying out the tasks referred to in Article 2.14, first paragraph, of the Act , the college shall ensure the availability of relevant expertise in relation to:
a. Growth and Nutritional problems, mental health problems and disorders,
b. nutritional situations likely to be threatened by young people in their development,
c. language and learning problems,
Somatic disorders,
e. Physical or mental limitations; and
f. Child abuse and domestic violence.
The College shall ensure that the official or the official referred to in the Article 11aa, first paragraph, of the Decision of the Judicial and Penitative Data , in possession of a certificate of conduct as intended by Article 28 of the Law and Criminal Justice Act Which is not older than two years.
1 As a certifying institution, an institution shall be designated:
a. Legal personality;
b. is independent,
c. has its seat or establishment in the Netherlands,
d. has sufficient expertise and equipment to perform the performance of the tasks properly,
e. has a proper administration in which the data relating to and relating to the performance of its tasks have been recorded in a systematic manner; and
f. is insured against civil liability for any risks arising out of the exercise of its duties.
2 The designation shall be for a period of five years.
3 By arrangement of Our Minister of Security and Justice, more detailed rules may be laid down regarding the first member.
Our Minister for Security and Justice shall monitor the lawful, effective and effective implementation of the provisions of, or under the conditions of, the Law by the certifying institution.
1 The certifying institution shall supply, upon request, free of charge to Our Minister for Security and Justice, the information required for the performance of his or her duties. Our Minister of Security and Justice may request access to business records and records in so far as it is reasonably necessary for the performance of his duties.
2 The certifying institution shall send to our Minister of Security and Justice an annual report on the work carried out, the lawfulness and effectiveness of that work and the way in which it has been carried out over the past year. The Rules of Our Minister for Security and Justice may lay down detailed rules on this report.
1 Our Minister of Security and Justice may give the certifying body general directions in respect of the exercise of its task.
2 The certifying institution shall be required to act in accordance with the instructions.
1 If, in the opinion of Our Minister for Security and Justice, the certifying institution does not fulfil its task properly, our Minister of Security and Justice may refer to the appointment, Article 3.1.1 retract.
2 The designation shall not be withdrawn earlier than after the certifying institution has been given the opportunity to carry out its duties properly within a period of time to be set by Our Minister for Security and Justice.
During the term of the designation as a certifying institution, Our Minister of Security and Justice determines whether the institution still complies with or Law rules.
1 The application for a certificate or a provisional certificate shall be submitted to the certifying institution.
2 The certifying body shall be decided within six months of the receipt of the application.
3 The compensation for the examination of the application for a certificate or for a provisional licence shall be payable by the applicant to the certified institution.
4 Our Minister for Security and Justice may fix maximum rates for carrying out the work referred to in paragraphs 1 and 2.
A certificate or provisional certificate shall be suspended or revoked by the certifying institution:
a. on the basis of the facts or circumstances of which the certifying body could not reasonably have been informed when the certificate was issued and under which the certifying institution would not have issued the certificate;
b. on the basis of incorrect facts or circumstances provided by the certified institution, provided that the certified institution was or has been able to make its inaccuracy;
c. if the certified institution no longer complies with the standards framework, Article 3.4, fourth paragraph, of the Act , or
d. if the certified institution no longer properly fulfils its legal obligations or does no longer properly perform the tasks for which it is certified.
1 During the period of validity of the certificate, the certifying institution shall establish annually whether the certified institution still complies with the standards framework, Article 3.4, fourth paragraph, of the Act .
2 The costs of the control referred to in the first paragraph shall be borne by the certified institution.
3 The certified institution shall provide the certifying institution with all information necessary for the implementation of the provisions of, or pursuant to this Article, free of charge upon request.
4 The rules of our Minister for Security and Justice may lay down detailed rules on the control referred to in the first paragraph.
Support by the person of confidence in matters relating to the legal tasks and responsibilities of the college, the youth aid provider and the certified institution shall be aimed in particular at the exercise by young people, parents and foster parents of their rights.
The confidence person who supports a young, older, or foster parent shall refrain from supporting other persons if it can jeopardise an independent exercise of that young, parent, or foster parent.
The college, as far as it concerns the guidance to, advisory on, provision and deployment of designated provision, youth aid provider and certified institution, inform youwomen, parents and foster parents on time about the confidence person who may support them at their request, on what this task means, and at which place and times the confidential person is reachable and available to them.
The confidential person of confidence shall have free access to the premises of the municipality to the extent that they are used for the purposes of the allocation of, advisory, provision and use of the designated provision, and to the premises, premises and premises of the youth aid providers and certified institutions in which young people can reside, to the extent necessary for the proper exercise of their duties. The confidence person does not need permission from third parties to speak with a juvenile.
Without prejudice to or under the conditions of Law The College, the youth aid provider and the certified institution shall provide the confidential person with all information and shall show all the documents necessary for the correct exercise of its task.
The college, the youth aid provider and the certified institution shall provide the trusted person with the facilities it needs for the proper exercise of its task.
1 Within five working days of the custody of the certified institution and notified to it, the certified institution designates a guardianship worker and the first contact between the guardianship worker and the Minor and his parents.
2 The custody worker informs the minor and his/her parents about the employee who replaces the guardianship worker in his absence.
1 Within five working days of the certified establishment being entrusted with the implementation of the surveillance and notified of this, the certified institution shall designate a family guardianship worker and the first contact shall be made between the family guardianship worker and the minor and the parent or guardian charged with the authority.
2 The family guardianship worker shall give notice to the minor and the parent or guardian responsible for carrying out the custody of:
a. The employee replacing the family guardianship worker in his absence; and
b. the manner in which a request as referred to in Article 264, first paragraph , Article 265, first paragraph , and Article 265d, 2nd paragraph, of Book 1 of the Civil Code must be done.
3 The certified institution may, at the request of the minor, appoint a parent or guardian with the authority, another worker as a family guardianship worker.
1 Within five working days after the certified institution has been entrusted with the implementation of juvenile probation and notified of this, the certified institution shall designate a youth reclassification worker and the first contact shall be made between the youth probation worker and the youthful and his parents or his guardian.
2 The youth probation worker makes a communication to the young and his/her parents or his guardian on:
a. The employee replacing the youth probation worker in his absence; and
b. the obligations arising out of the criminal decision.
The certified institution shall see as often as necessary, but at least once a year, to what extent the plan of approach, referred to in Article 4.1.3 of the Act , you need adjustment.
1 Without prejudice to the tasks and powers conferred on the Board of Child Protection, the certified institution shall comply with requests from the court, public prosecutor ' s office or the director of the judicial youth council for advice on a young persons who are suspected of a criminal offence or who have been convicted on the basis of such a criminal offence.
2 The certified institution shall arrange, but at least once every six months, report to the Public Prosecutor's Office responsible for monitoring compliance with the conditions set out in the implementation of youth rehabilitation, the manner in which the juvenile adheres to the conditions imposed by the judicial authority or the public prosecutor.
3 If the juvenile fails to fulfil an imposed condition under the implementation of juvenile probation, the certified institution shall promptly notify it to the public prosecutor ' s office or to the director of the judicial Youth direction in the context of a training and training programme.
4 The certified institution shall transmit to the Board for Child Protection a copy of the report referred to in paragraph 2 and the notification referred to in paragraph 3, arising from the supervisory task of the Board for the Protection of Children and of the Member States. child protection, intended in Article 77h of the Code of Criminal Law .
1 If application is given to Article 5.2.1, first paragraph , the youth aid provider, the certified institution and the college, to the extent that it concerns the allocation to, advisory over, the provision and deployment of the designated provision, ensure that the tasks are carried out by or under responsibility of a registered professional. The youth aid provider, the certified institution and the college share the tasks with due regard to the specific knowledge and skills of the registered professional.
2 By way of derogation from the first member, the youth aid provider, the certified institution or the college may charge others than registered professionals with the performance of tasks if he or she can make it plausible that the quality of the out It does not adversely affect the task of the task. By way of derogation from the first member, the youth aid provider, the certified body or the college shall, where necessary for the quality of the task to be performed, be responsible for those tasks.
3 The youth aid provider, the certified institution and the college shall ensure that registered professionals can perform their tasks in accordance with the professional standards applicable to them.
If the possibility of registering in the quality register youth is extended to new categories of practitioners in youth domain, it remains Article 5.1.1 during a period of one year, other than those of employment of which the college is responsible, in so far as it relates to the allocation of, the advice on, the provision and the use of the designated provision, the youth aid provider or the may make it possible for certified institutions to make that allocation to a non-that category of professionals, if that practitioner was already employed at the beginning of that period within the organisation concerned.
Where the possibility of registration in the quality register of youth is extended to new categories of professionals in the youth domain, for a period of five years and three months from the beginning of that period, the period of derogation from Article 5.4.2, first paragraph, introductory wording and point (c) , a professional person belonging to that category in the quality register of youth is registered if:
a. that practitioner at the time when the time limit commendation is for the College in so far as it relates to the provision of, the advice on, the provision and the use of the designated provision, for the youth aid provider or for the the certified institution in a function for which training is required at the level of higher vocational training;
b. the application underlying the registration of the professional person has been submitted within three months of the date on which the time limit was put in place;
(c) the professional person shall participate in a training course aimed at completing training at the level of higher vocational education at the latest at the time of the first re-registration; and
d. the registry foundation in the implementation of Article 5.4.4 It shall ensure that it is known that the registration of the professional person is subject to the functioning of this Article.
1 The commencement of time limits, as referred to in the Articles 5.1.2 and 5.1.3 It shall be determined by a decision of Our Ministers.
2 The time limits specified in the Articles 5.1.2 and 5.1.3 , may be amended by a decision of Our Ministers if it is necessary in the interests of continuity of work allocation.
3 The decisions referred to in paragraphs 1 and 2 shall be published in the Official Gazette.
1 Our Ministers may, on application by the administrator of a professional registry, recognize that register as the only quality register of youth.
2 The administrator of the quality registry youth is a foundation as intended in Article 285, 1st paragraph, of Book 2 of the Civil Code .
The recognition referred to in Article 5.2.1, first paragraph The Court of Appeal shall only take place where the register of auditors fulfils the conditions laid down in the register. Articles 5.3.1 to 5.4.4 conditions.
1 Our Ministers may recognize as intended: Article 5.2.1, first paragraph , withdraw:
a. if the Registry Foundation acts in violation of the terms of approval laid down in this Chapter;
b. If otherwise, the registry foundation does not or no longer complies with the requirements of this Decision;
c. if the registry foundation does not function properly; or
d. at the request of the Registry Foundation.
2 Our Ministers may, in the interests of youth assistance, set a time limit on which the repeal will take place.
1 The members of the Board of the Registry Foundation shall be appointed on a proposal from professional associations to which professionals are affiliated with relevant relevance to the exercise of professional activities in the youth domain.
2 The Statutes of the Registry Foundation shall provide for the appointment of other professional associations of relevant importance for the exercise of the profession in the youth domain, which shall be entitled to a nomination of members of the Board of Governors.
The Statutes of the Registry Foundation shall ensure that members of the Board or members of other organs of the registry foundation do not perform functions which are incompatible, contrary to or contrary to the interests or interests of the Registry Foundation. the objectives of the registry foundation.
1 The Statutes of the Registry Foundation provide for a Board of Opinion, consisting of members who, in any case, represent organizations of employers and clients.
2 The opinion of the Council is, in any event, of the right to deliver an opinion on:
a. The conditions for registration and re-registration;
b. a designation as intended Article 5.3.1, second paragraph ;
c. the composition of the Board of Opinion.
3 Statutes provide for the possibility of a derogation from an opinion issued by the Board of Opinion only in writing and in a reasoned opinion after consultation of the opinion on the opinion.
1 The registry foundation governs the manner of registration and re-registration of professionals and ensures that:
a. Registration and re-registration are conducted in a careful manner;
(b) the registration shall be valid for a period to be established by the Registry, and
(c) re-registration shall be carried out on condition that the person concerned has, during the period referred to in point (b), satisfied the requirements of work experience and refresher and in-service training to be established by the Registry Foundation.
2 The registry foundation also regulates that prior to the amendment of the requirements of registration consultations are held with the professional associations, intended Article 5.3.1, first paragraph .
1 The registry foundation:
a. settles that the quality register should be open to registration only for professionals belonging to one of the categories of professionals who are affiliated to the professional associations of the professional associations;
b. does not apply the requirement of membership of a professional association for inclusion in the quality register of youth;
(c) open the register for the registration of professionals who have completed at least the level of vocational training, which is aimed at the fulfilment of a profession in the youth domain.
2 The charges for registration in the professional register to be charged by the registry foundation shall be established in such a way that the benefits do not exceed the costs reasonably necessary for the achievement of the objectives of the registry foundation.
1 The registry foundation shall ensure that the professionals included in the quality register should act according to professional standards applicable to them.
2 The Statutes of the Registry Foundation provide for the binding of registered professionals to an adequate system of law enforcement on the basis of which appropriate measures may be taken against professionals who do not comply with the Professional standards applicable to them.
The registry foundation shall arrange for the professional register to be available for consultation free of charge. It also lays down that the measures provided for in the Article 5.4.3, second paragraph , be known to the public for a period to be determined by it. It shall take account of the nature of the measures, the reproach of the action and the interest of those who may take notice of it.
Following the termination of recognition, the Registry Foundation shall provide all the cooperation necessary for the transfer of tasks to another organisation to be assigned by Our Ministers.
1 The registry foundation shall provide to Our Ministers free of charge upon request all in its possession, on the functioning of the registry foundation or the quality register youth related that is reasonably necessary to assess whether the register foundation or the quality register of youth meets the requirements of this Decision at any time, or the information reasonably necessary to obtain at least an understanding of the numbers of registrations, the nature of registrations and developments around the system of normalenforcement, intended to Article 5.4.3, second paragraph .
2 The Registry Foundation reports proposed changes to its statutes to Our Ministers.
1 The register foundation shall draw up a report in each calendar year on the implementation of the activities related to this Decision.
2 The annual report shall contain, in any event, a description of the activities referred to in paragraph 1 and shall give an insight into:
(a) the preparation and execution of the work;
b. the quality of the procedures followed;
c. the treatment of persons and institutions that come into contact with the registry foundation; and
d. the work, consistent with Article 5.4.3, second paragraph .
3 The annual report shall also provide a numerical understanding of the data referred to in points (a), (c) and (d) of paragraph 2.
4 The registry foundation shall send the annual report to our Ministers and to the trade associations for the period from 1 May following the year under review, as referred to in Article 4 (1). Article 5.3.1, first paragraph .
5 The annual report shall be accompanied by a statement from an auditor registered in the register, as referred to in Article 4 (1). Article 36, first paragraph, of the Audit Organisations Act . The explanation:
(a) communication on the fidelity of the annual report; and
b. indicates that the auditor has examined whether the register foundation, as a result of the quality register, has fulfilled the obligations laid down in this Decision and the findings of that body.
From the recognition referred to in Article 5.2.1, first paragraph , and the withdrawal of the recognition, Article 5.2.3, first paragraph It shall be communicated in the Official Gazette.
1 A closed accommodation is suitable for:
a. To prevent youth from becoming undrawn or withdrawn from the youth assistance required in connection with severe growth or nutritional problems; and
b. To do youth-placed stays in a safe, protected environment, which provides sufficient privacy.
2 The rules of procedure of our Ministers may lay down detailed rules for the implementation of the first paragraph.
If so requested by the complainant, the complaint shall be notified to one member of the Complaints Committee in order to mediate.
1 The complainant may be assisted by a confidence person or other person.
2 If the complainant does not have sufficient control of the Dutch language, the President of the Complaints Committee shall arrange for the assistance of an interpreter.
In any case, from the Complaints Committee, they are:
a. A jurist;
b. A qualified behavioural scientist, and
c.
1 °. a physician, if it is a complaint against a medical treatment method as intended in Article 6.3.2, first paragraph, part b, of the Act , not being a treatment of mental abilities disorder, or
2 °. a psychiatrist, if it is a complaint against a medical treatment method as intended in Article 6.3.2, first paragraph, part b, of the Act , if it is a treatment of mental faculties.
As categories of bodies referred to in Article 7.1.1.2, first paragraph, point (a) of the Act The domain of youth assistance shall be designated:
a. Communes in so far as it concerns the allocation of, advice on, provision and use of the designated provision;
b. Opinion and reporting points of domestic violence and child abuse;
c. Youth aid providers;
d. certified settings.
As categories of bodies referred to in Article 7.1.1.2, first paragraph, point (a) of the Act in the domain of youth health care are designated agencies that are the in Article 5, second paragraph, of the Public Health Act carry out the work mentioned on behalf of the college.
1 As categories of bodies referred to in Article 7.1.1.2, first paragraph, point (a) of the Act be designated in the domain of health care:
a. Bodies for addiction treatment for who is on the basis of Article 35 of the Health Organisation Act A fee shall not be prohibited;
b. Disability services providing care to which entitlement exists based on the Health insurance law or the General Law Specific Health Costs ;
c. Mental health service providers subject to the General Law Specific Health Costs or under a health insurance plan referred to in Article 1 (d) of the Zorginsurance Act Claim exists,
d. entities providing medical care with integral first-line care, such as general practitioners who commit to both;
e. Hospitals operating under Article 5 of the Law authorising health care institutions have been admitted as such, in so far as emergency aid is concerned.
2 As category of staff as referred to in Article 7.1.1.2, second paragraph, point (a) of the Act In the domain of health care, general practitioners are appointed.
1 As categories of bodies referred to in Article 7.1.1.2, first paragraph, point (a) of the Act be designated in the domain of education:
a. Schools as intended Article 1 of the Law on Primary Education ;
b. Schools as intended Article 1 of the Law at the centres of expertise ;
c. Schools as intended Article 1 of the Law on secondary education ;
d. settings as specified in Article 1.1.1, part b, of the Education and Vocational Education Act ;
e. higher education institutions as referred to in Article 1.2 (a) or (b) of the Law on Higher Education and Scientific Research ;
f. Contact municipalities as referred to in Article 162b, third paragraph, of the Law at the centres of expertise , Article 118h, third paragraph, of the Law on pre-education and Article 8.3.2, third paragraph, of the Education and Vocational Education Act for the purpose of the regional reporting and coordination function.
2 As category of staff as referred to in Article 7.1.1.2, second paragraph, point (a) of the Act in domain education are designated officials as intended in Article 16 of the Compulsory Law of 1969 .
As categories of bodies referred to in Article 7.1.1.2, first paragraph, point (a) of the Act in the realm of social support are designated the providers within the meaning of the Social Support Act 2015 , non-providers of equipment or housing adjustments.
As categories of bodies referred to in Article 7.1.1.2, first paragraph, point (a) of the Act in the domain of work and income are designated the municipal credit banks, intended Article 1: 1 of the Law on Financial Supervision .
As categories of bodies referred to in Article 7.1.1.2, first paragraph, point (a) of the Act shall be designated in the Police and Justice domain:
a. The regional units of the National Police Corps, named in Article 25, first paragraph, point (a) of the Polition Act 2012 ;
b. Halt Offices as intended Article 48f (c) of the Justice Subsidies Act ;
c. the regional locations of the Child Protecting Board, intended in Article 2 of the Organisational Decree for Child Protection 2006 .
1 If, for a notification to the index, use is made of a municipal signalling system, the college shall ensure a careful and safe connection to the index.
2 If, for a notification to the index, use is made of a digital system other than a municipal signalling system, the responsible care shall be responsible for a careful and secure connection to the index.
3 A connection as referred to in the first or second member is suspected to be sufficiently careful and safe if it meets the requirements as published by the Netherlands Standardisation Institute in the NTA 8023, Social Care Institute. Information Architecture in the youth sector-Part 1: Voluntary index of risk young people.
1 A body belonging to one of the categories referred to in the Articles 7.1.1 to 7.1.7 or a staff member belonging to one of the categories referred to in Article 7.1.3, second paragraph , or 7.1.4, second paragraph , ensure a careful and safe use of the dilation index.
2 A body or a staff member is suspected of complying with the particular of the first member if it meets the requirements as published by the Netherlands Standards Institute in the NEN 7510, Medical Informatics Centre. Information security in care-General.
Our Minister of Health, Welfare and Sport does of a change to a standard as intended in 7.2.1, third member , or Article 7.2.2, second paragraph , notice in the Official Gazette.
1 If a notification competent to notify a juvenile who does not have a civil service number to the index, he shall provide the following information of the young person in the reproach index:
a. the family name;
b. Date of birth;
c. the sex.
2 The data referred to in paragraph 1 shall be converted into the index in a disposal index number, which shall then be used for the notification in the index.
1 The application for inclusion in the authorisation list, referred to in Article 7.2.7 of the Act , is done exclusively by a youth aid provider.
2 By arrangement of Our Minister of Health, Welfare and Sport, the information and documents shall be provided at the time of application.
Our Minister for Health, Welfare and Sport shall, as far as possible, on the basis of at or under the Law established requirements for the status of the youth aid provider, fixed or the application, referred to in Article 7.4.1.1 It was done by a youth aid provider.
1 In the authorisation list of youth aid providers, per subscription shall be included:
a. if the authorized person is a natural person:
1 °. the surname and forename (s);
2 °. date of birth and place of birth;
3 °. the title in the sense of the Law on the professions in individual health care ;
(b) if the authorised legal person is the name of the legal person;
2 In the authorisation list, the following shall also be recorded by invitation to tender:
a. the nature of the particulars and documents by means of which it is established that the authorised person is a youth aid provider;
b. the date of inclusion in the register;
c. the address of establishment;
d. The data relating to access funds provided and withdrawn.
3 By arrangement of Our Minister of Health, Welfare and Sport, more detailed rules on the inclusion and processing of data in the authorization list may be laid down.
The Authorized immediately informs our Minister of Health, Welfare and Sports of a change to the data included in the authorization list and of any other circumstances that may be of interest to it suspend or pass through. of the recording.
As long as the registration of a youth aid provider in the register, intended Article 3 of the Act on Professions in Individual Health Care , has been suspended, his entry in the authorization list of youth aid providers has been suspended.
Removal of the authorisation list shall take place only:
a. at the request of the authorized authority; or
b. if the authorized no youth assistance provider is more.
1 Our Minister for Health, Welfare and Sport shares to any person who requests that:
a. A youth aid provider is included on the authorisation list;
b. An access agent issued to an authorised authorised access agent is valid.
2 Where the request is made by the operator of the number register or of a provision, intended in Article 3, first paragraph, point (d) of the General Provisions Law on Civil Service Number The communication, referred to in paragraph 1, shall be made immediately.
Youth aid providers may use the facilities provided for by the SPV only through the intervention of the SBV-Z. Article 3 (c), (c) and (d) of the General Provisions Act, Civil Service Number .
The youth aid provider connected to the SBV-Z shall ensure that the connection of its computerised system to the SBV Z and the exchange of data between its automated system and the SBV Z function in a manner consistent with the standard of the STV-Z. The information that is specified in the system description.
Our Minister for Health, Welfare and Sport may provide on request any means by which the authorised access can be obtained to the SBV-Z. The Articles 18 to 25 and 33 of the Decision shall use civil service number in the care shall be applicable mutatis mutandis, subject to the terms 'registered': authorised.
1 The structural provision of data provided in the Articles 7.4.2 and 7.4.3 of the Act , please take place electronically to the Central Bureau of Statistics.
2 Our Ministers and the College do not seek data for the purposes of the objectives set out in Article 7.4.1 of the Act If these data are already available to them or to the Central Statistical Office, these data may be used for the purpose of these purposes.
1 The structural provision of data provided in Article 7.4.2 of the Act concerning information on the youth aid providers and certified institutions funded by the college.
2 A cross-provision of data under Article 7.4.2 of the Act no personal data.
1 The structural provision by youth aid providers and certified data institutions, as referred to in Article 4 (2). Article 7.4.3 of the Act , as regards:
a. The civil service number, date of birth, and the sex of the juvenile;
b. the address details of the youthful, authoritative parents, guardian or foster parent guardian, in particular to designate the place of residence as intended in Article 1.1 of the Act ;
c. Data on the youth aid provider or the certified institution;
d. the date of commencement of youth assistance, the implementation of the child protection measure or youth rehabilitation;
e. the end date of the youth aid, the implementation of the child protection measure or the youth rehabilitation measure;
f. The type of youth-assisted assisted;
g. An indication of the formapper to youth assistance;
h. the reason for the termination of the youth assistance;
i. the type of child protection measure or youth rehabilitation measure;
j. the date of the first contact of the certified institution with the juvenile at the time of implementation of the child protection measure or youth rehabilitation;
k. the reason for the termination of the Child Protection Measure or Youth Reclassification;
The question as to whether or not there is any question of the use of an authorised intervention in the case of youth rehabilitation.
2 A cross-provision of data as referred to in Article 7.4.3 of the Act For youth aid providers or certified institutions, no personal data is concerned.
1 By arrangement of Our Ministers, for the structural provision of the data, mentioned in Article 7.5.1 , by the authorities mentioned in the Articles 7.5.2 and 7.5.3 , determined:
a. which data is mentioned in Article 7.5.3, first paragraph , shall be provided as well as, to the extent necessary, a detailed description of such information;
b. the manner in which the data is provided;
(c) the periods for which the information to be supplied relates;
d. the time limits within which or the dates of transmission of the data.
2 The scheme provided for in paragraph 1 shall contain an information protocol.
For the purposes of this paragraph:
- stay: offer a young person's stay with a foster parent or accommodation of a youth aid provider or in a youth justice system for dinner or any part of it;
- Parental contribution: parent contribution, intended in Article 8.2.1 of the Act .
1 The parental contribution shall be:
a. For stay, for the dinner time:
1 °. from a juvenile to five years of age: € 0 per month;
2 °. of a young age of six to 11 years: € 0 per month;
3 °. of a juvenile from twelve to twenty years: € 0 per month;
b. For a part of the period of stay: half of the amount applicable to young persons following the amount in force under subparagraph (a) per month.
2 For the purposes of application of paragraph 1, the age of the young person shall be the first day of the month in question.
3 By arrangement of Our Ministers, the amounts mentioned in paragraph 1 (a) shall be adjusted annually from 1 January to the development of the consumer price index.
1 No parent contribution is payable if a youthful youth aid is offered as intended in Article 8.2.1, first paragraph, of the Act , after objecting to the decision to grant this youth aid. The college shall immediately inform the governing body responsible for the collection.
2 The first paragraph shall not apply if it concerns a young person who has been subject to a child protection measure designed to grant such youth aid or who makes it necessary.
3 No parental contribution is payable by the parent or stepparent to whom the judge on foot of the Articles 406 and 407 of Book 1 of the Civil Code or from Article 822, first paragraph, point (c) of the Code of Civil Procedure an amount has been determined to pay periodically to cover the costs of care and education of his child or stepchild.
Without prejudice Article 8.2.3, second paragraph, of the Act , the governing body responsible for the collection shall, at the request of the contribution holder, make the amount of the parental contribution payable out of recovery if the person liable proves that he:
a. receives general assistance as referred to in Article 20, first paragraph , or Article 23, first paragraph, point (a) of the Participation Act ,
b. receives a provision as referred to in Article 9 (1) of the Conditions of Employment of Asylum Seekers and other categories of aliens 2005 and has no other income,
c. Bag-and undressing money receives on the basis of Article 41 of the Rules of Procedure , or
d. a custodial sentence or measure involving deprivation of liberty undergoes a detention facility, in a device for the purpose of nursing at his disposal, in a device as intended for the purpose of Article 1 (b) of the PrincipLaw of the Judicial Youth or in a mental hospital as intended in Article 1, first paragraph, point (h) of the Law on Special Withdrawals in Psychiatric Hospitals and has no income.
1 The parental contribution shall be payable on each day of the stay, including the day of arrival and not the day of departure. If the stay is terminated on the day on which it is started, the contribution shall be payable on the day on which it is based.
2 A parent contribution due in part one month is the amount in force for one month, divided by 30 and multiplied by the number of days that the stay has lasted.
1 The contribution holder shall pay the parent levy within 30 days after the decision has been made known, unless the decision states a later date.
2 If the parent contribution is not paid in full or in part in a timely way, the governing body charged with the collection may be subject to a contribution Article 8.2.1 of the Act Claim amount due. Without prejudice to paragraph 1, Title 4.4 of the General Law governing law shall apply mutatis mutandis.
1 The parental contribution shall be fixed at the latest 12 months after the date on which the administrative body responsible for the establishment and collection of the parental contribution has been informed of the amount of the parental contribution.
2 If the administrative body responsible for the establishment and collection of the parental contribution has failed to determine the parental contribution within the period referred to in the first paragraph, this parental contribution may be made at a later stage. established, except that the effective date of the period of payment of the parental contribution cannot be made on a date situated more than 12 months prior to the day on which the decision in which the parent's contribution is to be made has been issued to that person.
1 The parental contribution shall be reviewed no later than 12 months after the administrative body responsible for the establishment and collection of the parental contribution has been informed of the circumstances giving rise to the change.
2 The revised parental contribution shall be set out as far as possible with the previously established parental contribution.
3 If the administrative body responsible for the establishment and collection of the parental contribution has failed to revise the parent's contribution within the period referred to in the first paragraph, this parental contribution may be reviewed at a later date, with the following that the effective date of the period for which the parent's contribution is paid cannot be set at a date which is more than 12 months before the day on which the decision in which the parent's contribution is revised is to that person sent.
4 In so far as the powers of review of the parental contribution have been repealed by virtue of paragraph 1, the amount of the old parent contribution previously established shall be final.
This paragraph is defined as 'data': Article 8.3.2 of the Act details of the operation of youth aid providers and certified institutions.
1 Our Ministers shall indicate, by category of youth aid providers or certified institutions and by category of persons involved in the operation of a youth aid provider or certified institution, which data should be annually to be provided.
2 Our Ministers may specify for youth aid providers and certified institutions within a territory they designate, and for persons involved in the operation of those youth aid providers or certified institutions. details of which data are to be provided at their request.
1 The data referred to in Article 8.2.2, first paragraph , each year, no later than five months after the expiry of the year to which they relate.
2 The data referred to in Article 8.2.2, second paragraph , shall be provided each time at the latest six months after the request of each of our Ministers.
1 Our Ministers shall designate bodies which collect and process the information to be provided.
2 Conditions shall be laid down for the rules of our Ministers:
a. the manner in which and the form in which the data is to be provided;
b. the means of reimbursement of costs, linked to the provision of the data;
c. on how data is made available to the bodies referred to in or involved in the implementation of the Law ;
(d) which shall be complied with by those bodies referred to in paragraph 1.
Rules on the implementation of the task may be laid down by the rules of Our Ministers. Article 8.1.8, first paragraph, of the Act by the Social Insurance Bank, named in Article 3 of the Act implementing organisation of work and income .
1 The Implementing Decision Law on Youth shall be withdrawn.
2 The Implementing Decision Law on Youth shall continue to apply to the financial responsibility, establishment, collection or payment of grants and benefits granted under that Decision and contributions to the costs of youth care.
3 In legal proceedings and legal proceedings against decisions taken on the basis of the Implementing Decision Law on Youth taken or brought into action against such decisions or actions brought, both at first instance and in further proceedings, shall remain subject to the rules applicable to the repeal of that decision.
1 Article 3.2.1 shall enter into force on the day following the date of issuance of the Official Gazette in which this Decision is placed.
2 The Articles 9.10 , 9.11 and 9.16 enter into force at the time when the Law of 12 March 2014 amending Book 1 of the Civil Code, the Code of Civil Procedure, the Law on Youth and the Pleegchildren Act in connection with revision of the measures of child protection (Stb. 2014, 130) enters into force.
3 The other articles of this Decision 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.
1 For a period of one year from the date of entry into force of Article 5.1.1 shall not apply to work departments of which a youth aid provider may make it possible for a certified institution to make that award to a professional who is already within the scope of the relevant organisation was active at the time of the entry into force of Article 5.1.2
2 As far as an organisation Article 77a of the Implementing Decision Law on Youth (ii) the date of entry into force of that Article was the starting date for the period of one year referred to in paragraph 1, the date of entry into force of Article 77a of the Act on Youth for the Protection of the Child.
1 For a period of five years and three months from the date of entry into force of Article 5.4.2, first paragraph, introductory wording and point (c) , by way of derogation from that Article, a professional person may be registered in the quality register of youth if:
a. that practitioner at the time of the entry into force of Article 5.4.2, first paragraph, introductory wording and point (c) , working for a college, as far as the provision of guidance to, advisory on, provision and deployment of the designated provision, a youth aid provider, a certified institution or an AMHK, is in a function for which training is requires at the level of higher vocational training;
b. The application underlying the registration of the professional practitioner has been submitted within three months of the date of entry into force of the Article 5.4.2, first paragraph, introductory wording and point (c) ;
(c) the professional person participates in a training journey, which aims to complete training at the level of higher vocational education at the latest at the time of the first re-registration; and
d. the registry foundation in the implementation of in Article 5.4.4 It shall ensure that it is known that the registration of the professional person is subject to the functioning of this Article.
2 As far as a professional person is concerned Article 77a of the Implementing Decision Law on Youth (a) until such time as that Article was repealed, the first paragraph shall apply in respect of that professional, subject to the date of entry into force of that Article. Article 5.4.2, first paragraph, introductory wording and point (c) ' is replaced by the date of entry into force of the Article 68h of the Implementing Decision Law on Youth .
A recognition of a professional register as a single quality register of youth by Our Ministers on the basis of Article 68a, first paragraph, of the Implementing Decision Law on Youth , where recognition is given on the basis of Article 5.2.1, first paragraph , of this Decision.
The Decision accommodating chronically ill and disabled persons , as this stated before the entry into force of Article 9.27 , continues to apply to the settlement of indictable decisions issued before this entry into force by the foundation, referred to in Article 9b (4) (b) of the General Law on Special Sickness Benefits .
This decision is referred to as: Youth Act Decision.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
Wassenaar, 5 November 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
Published the twenty-first November 2014The Minister for Security and Justice,
I. W. Opstelten
