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The Act Of 4 February 2011 Child Care Up To The Age Of 3 Years

Original Language Title: USTAWA z dnia 4 lutego 2011 r. o opiece nad dziećmi w wieku do lat 3

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ACT

of 4 February 2011

taking care of children under the age of 3

Chapter 1

General provisions

Article 1. [ Regulatory scope] The Act shall specify:

1) the rules for the organisation and functioning of the care of children up to the age of 3;

2) the conditions of the services provided;

3) the qualifications of the persons in charge of care;

4) the rules of financing care;

5) supervision of the conditions and the quality of the care exercised.

Article 2. [ Organization and care functions] 1. The care of children under the age of 3 may be organised in the form of a nursery or a children's club, and also exercised by a daily caregiver and a nanny.

2. In the framework of care, the following functions are provided: caring, educational and educational.

3. A child care may be exercised for the completion of the school year in which the child is completed 3 years of age or when it is impossible or difficult to embrace a child nursery education-4 years of age.

4. Where a child who has completed 3 years of age is in a nursery or a children's club or is under the care of a daily caregiver, the parents of that child shall be obliged to submit to the operator of the care provider a statement on the obstacles to the child's childcare.

Article 3. [ Parents] Whenever the law is referred to parents, it is also understood by legal guardians and other persons to whom the court has entrusted the exercise of custody of the child.

Article 3a. [ Submission of data] 1. The following data shall be provided by the applicant for the taking of the child's care in a nursery or a children's club or by a daily caregiver, in the form of a statement or certificate:

1) first name, surname, date of birth and child's PESEL number;

2) forenames, surnames and PESEL numbers of parents;

3) address of the place of residence of parents and the child;

4) the e-mail address and the telephone number of the parents-if they have them;

5) the place of the parents ' work or the place where they are taught at school or higher education by their parents, if they work or learn to learn;

6) data on the state of health, applied diet and psycho-physical development of the child;

7) data on the amount of the parents ' income-in the case of applying for parents with partial or total exemption from the fees, if the exemption is subject to the amount of income.

2. The operator of a nursery or a children's club and an entity employing a daily carer may process the data referred to in paragraph 1. 1, only in connection with recruitment and in the scope and in order to provide the child with correct care.

Article 4. [ Compulsory sanitary and epidemiological studies] Persons exercising, on the basis of the Act, care for children under the age of 3 shall be subject to compulsory sanitary and epidemiological examination in accordance with the Act of 5 December 2008. o Prevention and control of infections and infectious diseases in humans (Dz. U. of 2013 r. items 947).

Article 5. [ Competence of the Minister responsible for Social Security Affairs] Minister competent for the family:

1) monitor the process of implementation of the Act;

2. disseminate information on the forms of caring for the child up to the age of 3;

3) inspires research, expert reports and analyses concerning the child care system aged up to the age of 3.

4) (repealed).

Article 6. [ Report on implementation of the Act] The Council of Ministers shall deposit annually to the Sejm and the Senate, by 30 September, a report on the implementation of the Act.

Chapter 2

Nursery and children's club

Article 7. [ Care in nursery and children's club] 1. The care in the nursing shall be exercised over children from the age of 20 weeks.

2. The care in the children's club is exercised over children from the age of 1 year of age.

Article 8. [ Entities authorised to create and conduct nurseries and children's clubs] 1. The nursery and children's clubs can create and drive:

1. municipalities;

2. natural persons;

3) legal persons and organizational units not having legal personality.

2. The municipality creates nurses and children's clubs in the form of municipal budget units.

3. A nursery or a children's club is any organization unit, which independently of its name performs the tasks specified in art. 10.

Article 9. [ Joining the nurseries or children's clubs in teams] 1. The entities referred to in art. 8 ust. 1, leading nursery or child clubs can combine them into a team for organizational purposes and define the principles of team action. The connection does not affect the distinctiveness of the nurseries or the children's clubs in the scope of the registry entry. The provisions of Article 4 11 shall apply mutatis mutandis.

2. The director of the team is the director of the nursery or the person directing the children's club.

3. The director of a team of nurseries or children's clubs may be the person who has at least an annual experience in directing the nursery or the children's club.

4. The municipality creates the teams of nurseries or children's clubs in the form of municipal budget units.

Art. 9a. [ Joint administrative, financial and organisational support] 1. [ 1] Entities referred to in Article 8 ust. 1 points 2 and 3, they may organise joint administrative, financial and organisational services for nurseries, children's clubs or their teams.

2. The support referred to in paragraph. 1, may also be performed by the entities referred to in art. 5 par. 9 of the Act of 7 September 1991. o system of education (Dz. U. of 2004 Nr 256, pos. 2572, as of late. zm.).

Article 10. [ Tasks of nursery and children's club] The tasks of the nursery and the children's club include in particular:

1) to provide the child with care in the living conditions similar to home conditions;

2) to guarantee the child proper care and educational care, by carrying out entertaining activities with the elements of education, taking into account the individual needs of the child;

3) conducting educational and educational and educational activities, taking into account the psychomotor development of the child, appropriate to the age of the child.

Article 11. [ Statue of a nursery or a children's club] 1. The nursery and the children's club shall act on the basis of the statutes.

2. The entity which created the nursery or the children's club shall determine the statute of the nursery or the children's club, specifying in particular:

1) the name and location of its conduct;

2. the objectives and objectives of the task and the way in which they are implemented, taking into account the assistance of individual development of the child and the assistance of the family in the education of the child and, in the case of children with disabilities, with particular attention to the type of disability

3) conditions for admission of children;

4) the rules for setting the fees for stay and meals in the absence of a child in a nursery or a children's club.

Article 12. [ Working hours of nursery or children's club] 1. The working hours of a nursery or a children's club shall be determined in the organisational regulations referred to in art. 21, taking into account the parents ' opinions.

2. In a nurcor shall be provided custody of the child in the dimension up to 10 hours per day for each child.

3. In particularly justified cases, the nursing care dimension may, at the request of the child's parent, be extended, for an additional fee.

4. In the children's club, the child is provided with a child care of up to 5 hours per day for each child.

Article 13. [ Director of the nurcor] 1. The work of the manger shall be headed by the Director.

2. The director of the nursing boat may be the person who owns:

1) education higher and at least 3 years of experience in working with children or;

2) at least secondary education and 5 years of experience in working with children.

Article 14. [ A person directing the work of the children's club] The person who directs the work of the children's club may be the holder of the qualifications referred to in art. 16.

Article 15. [ Staff employed in a nursery or a children's club] 1. The composition of the staff employed in the nursery or the children's club is adapted to the number of children attending the nursery or the children's club.

2. One maintainer can take care of:

1) in nursing-over a maximum of eight children, and in the case where there is a child with a disability, a child requiring special care or a child who has not completed the first year of life as a maximum of five children;

2) in a children's club-over a maximum of eight children, and in the case where there is a child with a disability or a child requiring special care of up to five children.

3. In a nursery, attended by more than twenty children, one or more nurses or midwives are employed.

Article 16. [ Custodian in a nursery or a children's club] 1. A keeper in a nursery or a children's club may be a qualified person: nurses, midwives, children's care, kindergarten teacher, early school teacher or care-educative pedagogue.

2. A keeper in a nursery or a children's club may also be a person who has at least a secondary education and:

1) at least two years ' experience in working with children up to the age of 3 or

2) prior to employment as a caretaker in a nursery or in a children's club held a 280-hour training, of which at least 80 hours in the form of practical classes, consisting in the care of the child under the direction of the procurator referred to in the mouth. 1.

3. If the person referred to in paragraph. 2 point 1, did not work with children up to 3 years of age for at least 6 months immediately before taking up employment as a carer, is obliged within 6 months of starting work on the carer's position to hold an 80-hour training in the purpose of updating and complementing knowledge and skills.

Article 17. [ Use of volunteer assistance] 1. In the provision of care for children who are in a nursery or a children's club, volunteer assistance can be used.

2. The volunteer, before the start of the work in the nursery or the children's club, is obliged to hold a 40-hour training.

3. In case the volunteer has the qualifications referred to in art. 16, the provisions of paragraph 16. 2 does not apply.

Article 18. [ Requirements for management and staff in a nursery or a children's club] The director of the nursery, the head of the children's club, and the person referred to in art. 8 ust. 1 point 2, caretaker, nurse, midwife and volunteer in a nursery or a children's club may be a person who:

1) give you a guarantee of proper care for children;

2) is not and has not been deprived of parental authority and the parental authority has not been suspended or restricted;

3) to fulfil the maintenance obligation, where such an obligation has been imposed on the basis of the enforceable title originating or approved by the court;

4) has not been convicted of a final sentence for a deliberate offence.

Article 19. [ Cooperation with parents] The caretaker in the nursery or the children's club works with the parents of the children attending classes, in particular by conducting consultations and giving advice to parents in the field of work with children.

Article 20. [ Parents ' participation in classes] Parents of children who attend the children's club may attend the classes in the children's club.

Article 21. [ Organizing regulations of the nursery or the children's club] 1. The organization of the internal nursery or of the children's club shall determine the organizational regulations granted by the director of the nursery or the person directing the work of the children's club.

2. The director of the nursery or the workman of the children's club shall be responsible for the implementation of the rules.

Article 22. [ Catering] In the nursing room, it is provided to feed the children in the nursing room.

Article 23. [ Fees for the stay and board of children in a nursery or a children's club] Parents are obliged to pay the fees for the stay and to feed the children in a nursery or a children's club.

Article 24. [ Requirements for premises] 1. The premises in which it is created and carried out:

1) nursery-has at least two rooms, including one adapted to the rest of the children;

2) children's club-has at least one room.

2. In a nursery and a children's club, children are provided with the possibility of hygienic meals.

3. In the children's club there is a place to rest for children.

Article 25. [ Occupational and Sanitary Requirements] 1. The nursery and the children's club can be conducted in a premises which meets the requirements of the premises and sanitary facilities contained in the provisions issued on the basis of the paragraph. 3.

2. The fulfilment of the requirements referred to in paragraph. 1, is confirmed by the positive opinion of the district commandant (city) of the State Fire Service and the positive opinion of the competent state sanitary inspector.

3. The Minister for the Family Affairs, in agreement with the Minister of Health, will determine, by regulation, the local and sanitary requirements to be fulfilled by the premises in which the nursery or the children's club is to be carried out, taking into account the need to ensure adequate quality of care for children and fire protection conditions and the number of children under the care of the care.

Chapter 3

Register of nurseries and children's clubs

Article 26. [ Obligation of registration] The operation of a nursery or a children's club is a regulated activity within the meaning of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. of 2013 r. items 672, of late. zm.) and requires entry in the register of nurseries and children's clubs, hereinafter referred to as "the register".

Article 27. [ Registry] 1. The register shall be conducted by the mayor, mayor or president of the city due to the place of the nursery or the children's club.

2. The register is overt and subject to publication in the Public Information Bulletin of the municipality keeping the register.

2a. Wójt, the mayor or president of the city publishes the register via the ICT system referred to in art. 64 par. 2.

3. The register shall contain:

1. the name and the name and business name and address of the nursery operator or the children's club;

2) the NIP and REGON number of the operator of the nursery or the children's club;

(3) the place of the nursery or the children's club;

4) the number of seats in the nursery or the children's club.

4. The address of the natural person of the nursery operator or the children's club shall not be subject to disclosure in the Public Information Bulletin, if it is different from the address of the conduct by this person of the nursery or the children's club.

Article 28. [ Application for entry in the register] 1. The mayor, mayor or president of the city shall enter the entry in the register on the basis of a written request for entry in the register, filed by the entity intending to drive a nursery or a children's club. The application shall include:

1) in the case of a legal person or an organizational unit without legal personality-the number or index identifying the entity in the relevant public register, confirming the status of the entity;

2) the NIP and REGON numbers, if the applicants have been given the numbers;

3) a declaration of meeting the conditions of the premises;

4) in the case of a natural person a declaration of impunity for a crime committed intentionally;

5) a statement of the possession of the legal title to the premises in which the nursery or the children's club is to be conducted;

6) in case of a natural person-PESEL number.

2. (repealed).

3. Together with the application referred to in paragraph. 1, the entity shall provide a relevant statement, to confirm the fee made, referred to in Article. 33.

4. In order to verify the conformity of the data referred to in paragraph. 1, the mayor, mayor or president of the city may request: a copy from the relevant register, a document confirming the identity, a certificate of impunity or a document confirming the legal title to the premises in which the nursery or club is to be carried out children.

Article 29. (repealed).

Article 30. [ Certificate of registration of an entity in the register] 1. Wójt, the mayor or president of the city shall issue a certificate of registration of the entity in the register.

2. The certificate shall contain the following data:

1) the name of the authority that made the entry in the register;

2. the date and number of the entry in the register;

3) the organizational form of the care and the name of the care;

4. the name or surname of the operator of the nursery or the children's club;

5) the place of the nursery or the children's club.

Article 31. [ Refusal to register] The mayor, mayor or president of the city shall refuse to enter the register, where:

1) the entity does not meet the conditions required for the creation and running of a nursery or a children's club;

2) a final decision prohibiting an economic operator of an economic activity covered by the alert has been issued.

Article 32. [ Strikethrough from the register] The following shall be deleted from the register in the case of:

1) the submission by the entity entered in the register of the request for strikeout;

2) not to remove by the entity, within the prescribed time limit, irregularities in the conduct of the nursery or the children's club;

3. the submission of the application and the accompanying documents referred to in Article 3 (3). 28, information that is not in line with the facts.

Article 33. [ Fee for entry in the register] 1. An entry to the register shall be subject to a fee, which constitutes the income of its own municipality.

2. The amount of the fee shall be determined by the municipal council by way of resolution

3. The amount of the fee may not be higher than 50% of the minimum wage for the work determined in accordance with the provisions of the minimum wage for the work.

4. Changes in the register and the deletion of the register shall be exempt from the fee.

5. The municipality shall be exempt from the fee for entry in the register.

Article 34. [ Decision on refusal and deletion of the alert] The refusal of entry in the register and the deletion of the registration shall take place by administrative decision.

Article 35. [ Obligation to inform data on changes of data] 1. The entity entered in the register shall be obliged to inform the body of the registry of any changes to the data indicated in the application or documents referred to in art. 28, within 14 days of the change.

2. Upon receipt of the information referred to in paragraph. The registry shall be amended by the registry authority and shall issue the certificate referred to in Article 1 to the register of the register. 30, taking into account these changes.

Article 35a. [ Delegation] 1. The Minister responsible for the family shall determine, by means of the Regulation, the models of electronic documents for entry, modification and deletion in the register of nurseries and children's clubs, bearing in mind the need to harmonise the form of applications submitted, facilitate their transmission and the efficiency of the proceedings.

2. The Patterns referred to in paragraph. 1, the minister responsible for the family shall place in the central repository of the models of electronic documents referred to in the Act of 17 February 2005. information on the activities of entities carrying out public tasks (Dz. U. of 2013 r. items 235).

Chapter 4

Daily maintainer

Article 36. [ Daily maintainer] 1. The daily guardian is a natural person employed by the entities referred to in art. 8 ust. 1 points 1 and 3, on the basis of a contract of employment or a service contract, to which, in accordance with the provisions of the Civil Code, the provisions relating to the order shall apply.

2. A daily caregiver is taking care of children from the age of 20 weeks.

3. The contract referred to in paragraph 3. 1, shall specify in particular:

1) the parties to the contract;

2) the purpose and subject of the contract;

3) time and place of care;

4) the number of children entrusted with care;

5) the responsibilities of the daily caretakers;

(6) the amount of the remuneration and the manner and timing of its payment;

7) the time for which the contract has been concluded;

8) conditions and manner of change, as well as termination of the contract.

Article 37. [ Carer's daily tasks] The tasks of the daily caregivers shall be:

1) to provide the child with care in the living conditions similar to home conditions;

2) guarantee the child proper care and educational care, taking into account the individual needs of the child;

3) conducting educational and educational and educational activities, taking into account the psychomotor development of the child, appropriate to the age of the child.

Article 38. [ The scope of the care of the daily guardian] 1. A daily caregiver shall take care of a maximum of five children, and where the group has a child who has not completed the first year of life, is disabled or requires special care, maximum over the three children.

2. A daily caregiver in the care of children can benefit from volunteer assistance.

Article 39. [ Qualifications required from a candidate for the maintainee] 1. A daily caregiver may be a person who:

1) give you a guarantee of proper care for children;

2) is not and has not been deprived of parental authority and the parental authority has not been suspended or restricted;

3) to fulfil the maintenance obligation, where such an obligation has been imposed on the basis of the enforceable title originating or approved by the court;

4) she has not been convicted of a final sentence for a deliberate offence;

5) has local conditions providing safe custody of the child;

6) held:

(a) a 160-hour training course or

(b) 40-hour supplementary training, including the provision of first aid to the child, if he has the qualifications referred to in Article 4 (1) of the basic Regulation. 16 ust. 1.

2. The trainings shall not be obliged by the person who worked with children up to the age of 3 for a period of at least 12 months immediately prior to taking up employment as a daily caregiver.

3. In order to verify the fulfilment of the conditions referred to in paragraph. 1, at the candidate of the daily caregiver employed by the municipality may be carried out by the head of the social assistance centre of the environmental interview. Environmental intelligence is carried out on behalf of the mayor, the mayor or the president of the city.

4. The versification of the conditions referred to in paragraph 1 shall be fulfilled. 1, by a candidate on a daily carer employed by the entities referred to in art. 8 ust. Point 3 shall be carried out by those entities.

Article 40. [ The cooperation of the daily carer with parents] The daily carer providing classes with the children under care shall cooperate with the parents of these children, in particular by:

1) the use of parental assistance in the care of children during the course of classes;

2) conducting consultations and giving advice to parents in the field of work with children.

Article 41. [ Compulsory insurance against civil liability for damage caused by the care of the care] 1. The daily guardian shall be subject to the obligation of insurance against civil liability for the damage caused in the exercise of care.

2. An entity employing a daily caregiver is obliged to conclude a civil liability insurance daily insurance contract and the payment and financing of the insurance premium.

3. Wójt, the mayor or president of the city shall conclude the agreement referred to in the paragraph. 2, under the conditions laid down in the Act of 29 January 2004. -Public procurement law (Dz. U. of 2013 r. items 907, 984 and 1047).

Article 42. [ The provision of care in the premises] 1. The daily caregiver shall take care of the children in the premises to which he holds a legal title.

2. An entity employing a daily caregiver may make available or equip premises for the care of a daily carer.

Article 43. [ The maximum amount of the care and the rules for determining the daily care of the care The maximum amount of the remuneration of the daily caretaker employed by the municipality and the principles of its determination shall be determined by means of a resolution, the municipal council shall determine.

Article 44. [ Stay and board of children's daily caregivers] Parents are obliged to pay the fees for the stay and to feed the children at the daily caretaker.

Article 45. [ Selection of daily guardians through an open tender offer] The mayor, mayor or president of the city shall select the daily guardians through an open tender procedure, carried out in accordance with the rules laid down in the Act of 24 April 2003. about the activity of the public benefit and about the volunteer (Dz. U. of 2010 No 234, pos. 1536, as of late. zm.).

Article 46. [ List of daily guardians] 1. Wójt, the mayor or president of the city maintains a list of daily guardians.

2. The list shall include the name of the daily guardians referred to in paragraph 1. 1.

3. The list shall be public and shall be published in the Public Information Bulletin of the municipality of the list.

4. Wójt, the mayor or president of the city publishes the list of daily guardians through the ICT system referred to in art. 64 par. 2.

Article 46a. [ Reporting of daily guardians to the list] The daily keeper shall be required to report the daily carers to the list of daily carers referred to in Article 4. 46 (1) 1.

Article 47. [ Deletion of daily procurator from the list] In the event of termination or termination of the contract, the daily guardian shall be deleted from the list.

Chapter 5

Training

Article 48. [ Training programmes] 1. The training programmes referred to in art. 16 ust. Article 2 (2) and (2) 3, art. 17 para. 2 and in Article 39 (1) 1 point 6, approves, at the request of the training operator, for a period of 5 years, the minister competent for family affairs.

2. The approval or refusal to approve training programmes shall take place by means of an administrative decision.

3. The list of training programmes referred to in paragraph 1. 1, shall be made available in the Public Information Bulletin.

Article 49. [ Delegation] The Minister for Family Affairs will determine, by means of a regulation, the scope of the training programmes, taking into account the specificity of caring, educational and educational tasks of the nursery, the children's club and the daily caretaker, having regard to the need for ensure an adequate level of performance of these tasks.

Chapter 6

Nanny

Article 50. [ Nanny] 1. The nanny is a natural person exercising custody of the children on the basis of a service contract, to which, in accordance with the provisions of the Civil Code, the provisions relating to the order shall be applied, hereinafter referred to as the "activation contract".

2. The Nanny shall take care of children from the age of 20 weeks.

3. The activation contract shall be concluded in writing between the nanny and the parents or the parent of the solitary child.

4. The activation contract shall specify in particular:

1) the parties to the contract;

2) the purpose and subject of the contract;

3) time and place of care;

4) the number of children entrusted with care;

5) duties of nannians;

(6) the amount of the remuneration and the manner and timing of its payment;

7) the time for which the contract has been concluded;

8) conditions and manner of change, as well as termination of the contract.

5. By a parent of a single parent, a parent who is a bride, a bachelor, a widow, a widow, a divorcee, a divorcee, or a parent who has been ruled a separation within the meaning of a separate provision, and a parent who is left in the marriage, if his spouse has been deprived of parental rights or is being punished by deprivation of liberty.

Article 51. [ Paying for the nanny, contributions to the pension insurance, disability and accident insurance and health insurance] 1. For the nanny, the contributions to the pension insurance, the pension and the accident insurance and the health insurance, pays:

(1) the Social Insurance Institution, on the basis of the amount not higher than the amount of the minimum wage for the work determined in accordance with the provisions on the minimum wage for the work,

(2) parent (payer of contributions)-on the basis of the amount of the excess over the amount of the minimum wage

-under the rules laid down in the rules on social security schemes and in the provisions on public health care benefits financed by public funds.

2. For a nanny who joined voluntarily on his application to sickness insurance, the insurance premium pays the parent on the basis of the rules laid down for the concession holders in the social security system.

3. The Social Insurance Institution shall pay the contributions, where the following conditions are met together:

1) the nanny has been notified by the parent to social insurance and health insurance;

2) parents or a parent of a single parent child are employed, provide services on the basis of a civil-law contract constituting the title to social insurance, carry out non-agricultural activities or agricultural activities;

3) the child is not placed in a nursery, a children's club and has not been taken care of by a daily caretaker.

4. In the event of a loss by the parents or the parent of a single child raising a child of employment, cessation of the provision of services or activities referred to in the mouth. Under point 2, the contributions shall be paid for three months from the date on which those reasons exist.

5. The Social Insurance Institution does not pay contributions, where:

1) the parent of the child benefits from the relief on the basis of the activation contract referred to in art. 61 (c) 1 [ 2] the Act of 20 April 2004. on the promotion of employment and labour market institutions in the version applicable before 26 October 2007, with the person unemployed for the purpose of gainful employment in the household or

(2) an activation contract has been concluded between the nanny and the persons acting as a family of foster care, or

3) the child's parent is subject to pension and disability insurance on the basis of art. 6 para. 1 point 19 of the Act of 13 October 1998. o Social Security System (Dz. U. of 2013 r. items 1442).

Article 52. [ To be informed of any change affecting the payment of contributions] The parent (payer of contributions) is obliged to inform the Social Insurance Institution without delay of any change affecting the payment of contributions, in particular the termination or termination of the contract of activation.

Article 53. [ The transfer of the Minister to the competent family of information on the number of social security contributions or to the health insurance of nannies] 1. The Social Insurance Institution shall communicate to the Minister responsible for the family the information on the number of social security contributions or health insurance of the individual months and of the expenditure incurred for that purpose.

2. The information referred to in paragraph. 1, the Social Insurance Institution shall communicate within the time limits:

1) by 25 February for the period from 1 July to 31 December;

2) until 25 August for the period from 1 January to 30 June.

Chapter 7

Supervision of nurses, children's clubs and daily guardians

Article 54. [ The supervision of the nursery, the children's club and the daily carer in terms of conditions and quality of the care provided] Mayor, mayor or president of the city due to the place of the nursery or the children's club, or the place of care of the daily caretaker, supervise the nursery, the children's club and the daily guardianship in the area of conditions and quality of the care provided.

Article 55. [ Surveillance plan] 1. Supervision shall be carried out on the basis of a surveillance plan adopted by the municipal council by way of a resolution.

2. In the event of a complaint of irregularities in the organisation and functioning of the nursery, the children's club or the exercised care by a daily caregiver, the mayor, the mayor or president of the city shall carry out supervisory activities also outside the plan the supervision referred to in paragraph 1. 1.

Article 56. [ Supervisory activities] 1. The supervisory activities shall be carried out by persons authorised by the mayor, the mayor or the president of the city, hereinafter referred to as "the persons authorized".

2. The authorized persons shall be entitled in particular to:

1) admission to the premises of the property, premises, premises or their parts in the days and hours in which the activity is carried out or should be carried out;

2) requests for oral or written explanations, presentation of documents or other media of information and the provision of data relating to the subject of supervision;

3) access to the employee documentation of persons employed in supervised nurseries or children's clubs.

Article 57. [ Conducting supervision, removal from the register, termination of the contract] 1. Where it is found that the operator of the nursery or the children's club or the daily carer does not meet the standards for the care being exercised, the supervising authority obliges it to remove the irregularities found in the designated case date.

2. The operator of the nursery or the children's club or the daily keeper shall have the right to report in writing the motivated reservations to the findings of the supervising authority, within 7 days from the date of receipt of the information about the irregularities found.

3. In the event of a failure to take account of the reservations, in whole or in part, the supervising authority shall draw up the position in writing and forward it to the operator of the nursery or the children's club or the daily guardians.

(4) In order to examine whether and to what extent the audit recommendations are carried out, the supervising authority may carry out veritable activities.

5. In the event of failure to delete the irregularity within the prescribed period, the mayor, mayor or president of the city shall delete from the register of nursery or children's club or terminate the contract with the daily guardianship without retaining the notice period.

Chapter 8

Funding and outsourcing of care tasks

Article 58. [ Charging rates] 1. The amount of the fee and the fee referred to in art. 12 (1) 3, for a child's stay in a nursery or a children's club set up by the municipality or at the daily caretaker employed by the municipality and the maximum amount of the board fee shall be determined by the municipal council by way of a resolution.

2. In the case of the creation of a nursery or a children's club by the entities referred to in art. 8 ust. 1 points 2 and 3, the amount of the fees shall be determined by the person who created the nursery or the children's club.

3. In the case of hiring a daily guardian by the entities referred to in art. 8 ust. 1 point 3, the amount of the fees shall be determined by the entity which employs the daily caregiver.

Article 59. [ Contributions to the municipality] 1. The fees referred to in Art. 58 par. 1, brought by the parents for the use of a nursery and a children's club formed by the municipality and from the daily guardian's services, shall be paid to the municipality.

2. The municipal council may determine, by way of a resolution, the conditions of a partial or total exemption from the payment of fees.

Article 60. [ Subsidy subsidy from the municipal budget] 1. The entities referred to in art. 8 ust. 1, a nursery or a children's club, or employing daily caregivers may receive for each child taken care of in a nursery or a children's club, or by a daily caretaker of a customs grant from the municipal budget.

2. The amount and the rules for determining and settling the special-purpose subsidy referred to in paragraph 2. 1, defines the council of the municipality by way of a resolution.

Article 61. [ The request of the care organisation in the form of a nursery or a children's club or by daily caregivers] 1. Wójt, the mayor or president of the city may commission the entities referred to in art. 8 ust. 1, the organisation of a nursing care in the form of a nursery or a children's club or by daily caregivers.

2. To exclude entities from which to organise the care referred to in paragraph. 1, the provisions of the Act of 24 April 2003 shall apply accordingly. about the activity of the public benefit and about the volunteer.

Article 62. [ The programme of development of the institution of childcare for children up to the age of 3] 1. The Minister for the Affairs of the Family is developing ministerial and government programmes for the development of childcare institutions between the ages of 3 and financially supporting these programmes. The development and implementation of the programmes is carried out in cooperation with the voyewater.

2. The programmes referred to in paragraph 1. 1, specify the mode and criteria for the selection of the entities using them, in particular taking into account:

1) the quality or scope of the services offered;

2) the demand for services provided by these entities;

3) the minimum period of operation of the institutions or places of care subsidised from the state budget grant.

3. The programmes referred to in paragraph 1. 1, may be addressed to the entities referred to in art. 8 ust. 1.

4. The entities referred to in art. 8 ust. 1, benefiting from the programmes referred to in paragraph 1. 1, they may receive targeted subsidies from the state budget to finance the creation or operation of nurseries, children's clubs or daily guardians, with the amount of the grant not being allowed to exceed 80% of the cost of the task.

5. The grant referred to in paragraph 5. 4, give the water after agreement with the minister competent for family affairs.

6. Wojewoda, granting the subsidy to the entity referred to in paragraph 1. 4, it shall contain an agreement specifying in particular:

1) a detailed description of the task, including the purpose for which the grant has been granted, and the deadline for its implementation;

2) the amount of the grant awarded;

3) payment mode;

4. the time limit for the use of the grant, no longer than 31 December of the financial year concerned;

5) the term and manner of settlement of the grant, including the principle of the clearing of grants in the event of shortening the period of functioning of the institutions or places of care subsidised from the grant referred to in paragraph. 2 point 3;

6) the deadline for the return of the unused part of the grant, not longer than 15 days from the date specified in the contract of the day of performance of the task;

7) the mode of control of the performance of the task; in the contract it may be decided that the control will be conducted on the principles and in the mode specified in the control regulations in the government administration;

8) the conditions and manner of change and termination of the contract, including the rules for reimbursement of grants in case of shortening the period of functioning of the institutions or places of care subsidised from the grant referred to in paragraph. 2 point 3.

Article 63. [ Subsidies from the State budget] 1. The municipality may receive targeted subsidies from the state budget for the financing of own tasks from the scope of the organisation of care for children under the age of 3 under the rules laid down in the provisions on public finances.

2. (repealed).

Article 64. [ Financial and financial reports on the care of children up to the age of 3] 1. The municipality is obliged to draw up the fact-care reports on the care of children up to the age of 3 and to transmit them to the right water, in electronic version.

2. The ICT systems used in public administration offices carrying out tasks within the scope defined in the Act constitute an integral part of the ICT systems used for the realization of family benefits defined in the Act of 28 November 2003 on family benefits (Dz. U. of 2013 r. items 1456).

3. The Minister responsible for the family shall determine, by means of a regulation, the model, the time limits and the manner in which the financial and financial statements are drawn up in the exercise of childcare tasks aged up to the age of 3, bearing in mind the need to harmonise information provided by the entities implementing the law.

Article 64a. [ Publication of data] 1. The municipality is obliged to transfer the data from the register and the list of the daily guardians of the Minister competent to the affairs of the family through the ICT system referred to in art. 64 par. 2.

2. The Minister responsible for the family shall publish the data referred to in paragraph. 1, on the website of the Ministry.

Chapter 9

Amendments to the provisions in force

Article 65. (bypassed).

Article 66. (bypassed).

Article 67. (bypassed).

Article 68. (bypassed).

Article 69. (bypassed).

Article 70. (bypassed).

Article 71. (bypassed).

Article 72. (bypassed).

Article 73. (bypassed).

Article 74. (bypassed).

Chapter 10

Transitional provisions

Article 75. [ Żłobki-Transformation] 1. Żłobki acting on the basis of the provisions of the Act referred to in art. 66, they become nurses within the meaning of this Act as of the date of its entry into force.

2. The entities leading up to the date of entry into force of this Act an economic activity consisting in the exercise of childcare may carry out this activity on the basis of the existing provisions, but not longer than for a period of 3 years from the date of the the entry into force of this Law.

3. After the expiry of the period referred to in paragraph. 2, entities leading up to the date of entry into force of this Act an economic activity consisting in the care of childcare may lead a nursery or a children's club if they meet the conditions set out in this Act.

Article 76. [ Employees of the nursings-the transition of the plant to a new employer] 1. Workers 'workers, acting on the basis of existing regulations, shall be made by the law of the employees' employees within the meaning of this Act. The provisions of Article 4 23 1 the Act of 26 June 1974. -Labour Code (Dz. U. 1998 r. No 21, pos. 94, z późn. zm.) applies.

2. To the staff of the nursans employed until the date of entry into force of the Act in:

1) public health care establishments, the provisions on local workers shall apply;

2) non-public health care facilities, the provisions of the Labour Code shall apply.

3. Persons employed to care in nurseries, acting on the basis of existing regulations, shall not be obliged to receive the training provided in this Act.

4. Persons hired to care in nurseries, acting on the basis of existing provisions, without a secondary education, and remaining in employment on the date of entry into force of this Act, are obliged to complete it in the period of 3 years from the date of entry into force of this law.

Article 77. [ Nurses and midwives] Nurses and midwives employed on the day of the entry into force of this Act in nursing, acting on the basis of existing provisions, and employed as a babysitter within the meaning of the provisions of this Act, for a period of employment, retain the right to pursue the profession of nursing or midwife, but not longer than for a period of 15 years.

Article 78. (bypassed).

Chapter 11

Final provision

Article 79. [ Entry into force] The Act shall enter into force after the expiry of the month from the day of the announcement, except:

1. 6, which shall enter into force on 1 January 2013;

2. Article 50-53 and 70-73, which shall enter into force on the first day of the month following the expiry of the period of 6 months from the date of the announcement;

3. Article 62 and 63, which shall enter into force on the day of the announcement;

4. Article 64 par. 2, which shall enter into force after the expiration of 12 months from the date of entry into force of the Act.

[ 1] Article 9a (a) 1 in the wording set by Article 1. 41 of the Act of 25 June 2015. amending the Act on Local Government and certain other laws (Journal of Laws of the Law of the European Communities). 1045). The amendment came into force on 1 January 2016.

[ 2] Repealed by Art. 1 point 24 of the Act of 24 August 2007. to amend the Act on the promotion of employment and labour market institutions and to amend some other laws (Dz. U. No 176, pos. 1243), which entered into force on 26 October 2007.