Advanced Search

Law No. 466 Of 4 November 2004 On The Status Of The Social Assistant

Original Language Title:  LEGE nr. 466 din 4 noiembrie 2004 privind Statutul asistentului social

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LEGE no. 466 of 4 November 2004 (* updated *) on the Social Assistance Statute ((updated until 1 February 2014 *)
ISSUER PARLIAMENT




--------------- The Romanian Parliament adopts this law + Chapter I General provisions General provisions + Article 1 This law regulates the Statute of the social worker in Romania, stating the role of the National College of Social Assistants, hereinafter referred to as the College, in defense of the professional interests of + Article 2 (1) The following persons may be social workers: a) Romanian citizens; b) citizens of the Member States of the European Union, of the other states of the European Economic Area and of the Swiss Confederation; c) citizens of third states with whom Romania has bilateral reciprocity agreements and which have temporary or permanent residence in Romania. (2) The title of social worker may be held by: a) the person who obtained the bachelor's degree in a higher education institution with specialization in the field, long-term form, 4 years, accredited according to the law; b) the person who holds the graduation diploma of a higher education institution with specialization in the field, short term form, 3 years, accredited according to the law; c) person who holds the diploma of social worker equivalent according to the law; d) the person holding the diploma of social worker issued or recognized in one of the Member States of the European Union, in one of the states belonging to the European Economic Area or in the Swiss Confederation. (3) In the case of citizens of the Member States of the European Union, of the other states of the European Economic Area and of the Swiss Confederation, the recognition of the diploma of social worker obtained in one of the said States will be carried out in Law no. 200/2004 on the recognition of diplomas and professional qualifications for regulated professions in Romania. (4) The provisions of par. (3) shall also apply to diplomas obtained by Romanian citizens in one of these states. (5) The title of social worker cannot be obtained by the person who is found in any of the cases of incompatibility provided by this law. + Article 3 (1) The social worker shall put into practice the knowledge, norms and values of social assistance in order to intervene and assist persons or communities, at their request or whenever the situation so requires. (2) The social worker actively participates in the development and application of social policies in the field, strategies and action plans at local, county, national and international level, promoting social welfare. (3) The social worker mainly carries out the following general types of activities: a) identify the population segment that is the subject of social assistance activities; b) identifies and assesses the socioumane problems in a particular region, community or locality; c) develop action plans, programs, measures, professionalized activities and specialized services specific to the field; d) sensitize public opinion and inform it of social issues; e) sets out the concrete ways of accessing specialized social assistance services and services based on the needs assessment; f) develop scientific research and training programs. (4) The types of activities referred to in par. (3) may be amended and supplemented by the College's proposal, in accordance with the legal provisions. (5) Public or private institutions and bodies, empowered by law to carry out social assistance activities, have the obligation to ensure the realization of the activities provided in par. (3) by social workers or under their direct guidance. + Article 4 The social worker respects the values and ethical principles relating to the provision of quality services, social justice, dignity and uniqueness of the person, autonomy of the person, the development of human relations and permanent professional development to increase the quality of social intervention + Article 5 The social worker may carry out his or her self-employed activity, with the right of free practice: a) in the public sector, in accordance with the provisions Law no. 53/2003 -Labor Code, as amended, and the Law no. 188/1999 on the Statute of civil servants, republished, as amended; b) in the private sector, in compliance with Law no. 53/2003 , as amended, the provisions of the regulations of the respective company or organization. + Chapter II Status of social worker Status of social worker + Section 1 Initial training of the social worker and the conditions for exercising the profession Initial training of the social worker and the conditions for exercising the profession + Article 6 The training of the social worker is carried out within the higher education institutions accredited according to the law, specialized in social assistance, forms of short-term and long-term university education. + Article 7 The profession of social worker may be exercised by the person who cumulatively meets the following conditions: a) is a Romanian citizen or citizen of another state, under the conditions provided in art. 2 2 para. ((1); b) has specialized studies in social assistance, according to the provisions of art. 2 2 para. ((2); c) is registered in the National Register of social workers in Romania; d) is not found in any of the cases of incompatibility provided in this law. + Article 8 (1) The social worker may carry out his activity only after the application for registration as a member of the College. The approval of the application automatically leads to registration in the National Register of social workers in Romania and to the issuance of the opinion on the exercise of the profession. (. The documents necessary for the approval of the application a) one of the diplomas provided in art. 2 2 para. ((2); b) medical documents; c) certificate of criminal record; d) self-declaration that it is not in situations of incompatibility with the status of social worker. ((3) The citizens of the Member States of the European Union, of the other states of the European Economic Area and of the Swiss Confederation may submit the documents equivalent to those provided for in ((2) lit. b) and c), issued by the competent authorities of the countries of origin or origin. (4) The documents provided in par. (2) and (3) may be submitted both at the headquarters of the College and at the decentralized premises of the College, in the territory, according to art. 26 26 para. (4), with the possibility of being sent also by post. + Article 9 (1) The profession of social worker may be exercised independently, under conditions of free practice, in the forms provided by this article, by the persons referred to in art. 7 who obtain the attestation of free practice. (2) Social workers may opt to set up individual offices, associated offices or professional civil societies, under the law. (3) From the date of registration in the National Register of social workers in Romania, professional civil societies obtain legal personality, provided that the requirements of the common law are met. (4) Individual social assistance offices and associated social assistance offices in carrying out their work may employ collaborators. (5) In order to obtain the certificate of free practice, the social worker must: a) to provide proof that he has practiced social assistance for a period of at least 5 years until the time of application; b) not to have been found guilty by the College in the case of investigations into the practice of social assistance; c) to submit to the College: the application accompanied by the curriculum vitae, a letter of motivation and recommendations from 3 social workers. + Article 10 Citizens of a Member State of the European Union, of a State belonging to the European Economic Area or of the Swiss Confederation, which exercises the profession of social worker in one of those States in which they are established, are exempted from the requirement the acquisition of the membership of the College, the opinion on the exercise of the profession and the attestation of free practice when carrying out in Romania the activities specific to the profession, in the context of the provision of services. These persons submit to the College a declaration on the services provided and the document certifying the legal exercise of the profession in the state in which they are established, issued by the competent authorities of this state. On the basis of these documents, the respective persons are automatically registered in the National Register of social workers in Romania during the service. + Article 11 (1) The social worker carries out the general types of activities referred to in art. 3 3 para. (3), with the obligation to comply with the methodology in the field, as well as professional ethics norms and values. (2) The way in which social workers put into practice the provisions of the Code of Ethics, as well as the way of using the methodology in the field are established by the College. + Section 2 Rights and obligations Rights and obligations + Article 12 The social worker is entitled: a) contribute to the development of the profession in order to respond adequately to social needs; b) to defend his profession; c) to ensure that society's confidence in social assistance d) be open to new areas of intervention; e) free practice, according to the law; f) to the defense and representation of professional interests by the College; g) access to information on the profession; h) to continue training in the field of social assistance. + Article 13 (1) The social worker is obliged to maintain confidentiality in relation to the situations, documents and information he holds for professional purposes, in compliance with the legislation in force and the methodologies adopted by the College. (2) Public or private institutions and bodies have the obligation to ensure the necessary conditions for the preservation of confidentiality of information and documents by the social worker, under the law. + Section 3 Incompatibilities and prohibitions Incompatibilities and prohibitions + Article 14 May not benefit from the status of a social worker who: a) is not registered in the National Register of social workers in Romania; b) was convicted by a final court decision for the intentional commission of a crime in circumstances related to the exercise of the profession of social worker; ------------ Lit. b) of art. 14 14 has been amended by art. 156 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. c) is prohibited, by final court decision, the right to exercise the profession of social worker; ------------ Lit. c) of art. 14 14 has been amended by art. 156 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. d) has temporarily suspended the opinion on the exercise of the profession, as a disciplinary sanction, during the suspension. + Article 15 The status of the social worker is incompatible with: a) the conduct of any activity likely to affect professional dignity; b) the knowingly use of professional knowledge or methods over the person or for illegal purposes; c) membership or promotion of interests of political parties or groups outlawed. + Section 4 Social assistance relations with other specialists in the field of social assistance Social assistance relations with other specialists in the field of social assistance + Article 16 In solving complex situations, the social worker collaborates with specialists from other professional categories. + Article 17 Social workers are both involved in social care as specialist staff and other staff with medium-level training whose work is coordinated by social workers, who meet the conditions for social assistance. this law. + Article 18 (1) The College shall endorse the content of training programmes for persons with medium-level training working in the field of social assistance. (2) The college collaborates with higher education institutions in order to adapt the university curriculum to new social needs, as well as to organize and conduct the practice of students in the field. + Chapter III Ethical principles Ethical principles + Article 19 The main goal of the social worker's activity is to assist people or communities in need, getting involved in identifying, understanding, evaluating correctly and solving social problems. + Article 20 (1) Social workers shall promote the principles of social justice, provided for in the normative acts on social assistance and social services. (2) Social workers shall ensure equal opportunities for access to information, services, resources and their participation in the decision-making process. + Article 21 (1) Social workers respect and promote the dignity of the individual, the uniqueness and value of each person. (2) The social worker must not practice, tolerate, facilitate or collaborate in any form of discrimination based on race, ethnicity, sex and sexual orientation, age, political or religious beliefs, marital status, physical impairment or sexual orientation. mental, material situation and/or any other preference, characteristic, condition or status. + Article 22 The social worker supports people assisted in their efforts to identify and clarify their goals, in order to choose the best option. + Article 23 Social workers help strengthen relationships between people in order to promote, restore, maintain and/or improve the quality of life of individuals, families, groups, organizations and communities. + Article 24 Social workers act with honesty and responsibility towards beneficiaries, institutions and society, in accordance with the deontological norms of the profession, adopted by the professional community through the College. + Article 25 (1) The social workers must carry out their work only in the area of professional competence determined by the qualification and professional experience. Social workers have an obligation to permanently improve their professional knowledge and skills and to apply them in practice. (2) Social workers contribute to the improvement and development of the knowledge base of the profession. + Chapter IV National College of Social Assistants National College of Social Assistants + Article 26 (1) The College is established as a professional, non-governmental organization of public interest, apolitical, non-profit, with legal, autonomous and independent personality. (2) The College is intended to represent and to protect at local, county, national and international level the interests of the social worker profession. (3) The college is headquartered in Bucharest. (4) The College has a territorial structure established by the organization and functioning regulations. (5) The college is constituted by the totality of social workers in Romania. (6) Social workers have the right to join other forms of professional association. (7) The College has the obligation to publish annually in the Official Gazette of Romania, Part I, the National Register of Social Assistants in Romania. + Article 27 The College has the following main tasks a) elaborates and adopts the Code of Ethics of the Social Assistant, as well as the guidelines of good practice in the field, in order to respect ethical principles b) proposes to the relevant ministry norms and regulations in the field of social assistance c) coordinates and supports the application of the regulations and norms of the College by social workers, public and private bodies in Romania; d) endorses and issues the social worker's attestation of free practice; e) prepare continuous improvement programmes in the field of social assistance; f) issue the opinions mentioned in this Law; g) represent, defend and promote the rights and interests of members at local, national and international level; h) monitors compliance with the Code of Ethics, regulations and norms by social workers, regardless of the workplace, and applies disciplinary sanctions; i) collaborate with ministries, central and local public administration institutions, educational and research institutions, non-governmental organizations, economic agents and others; j) manages the National Register of social workers in Romania; k) determines the amount of the membership fee and the fees for its various services; l) collaborate with similar bodies in other countries on issues of common interest. + Article 28 (1) The governing bodies of the College are: a) National Congress of the College; b) National Council; c) Executive Office. (2) The Rules of Organization and Functioning and the powers of the governing bodies shall be established by the Constituent Assembly. + Article 29 (1) The College shall develop rules on the data to be registered in the National Register of Social Assistants in Romania. (. The membership shall cease in the following situations: a) on request; b) by death; c) in the situations provided in art. 14 lit. b) and c); d) in situations of incompatibility after obtaining the membership and outstanding within 3 months from a notice of warning of the College. + Article 30 (1) The national register of social workers in Romania includes the records of social workers in Romania, professional civil societies, individual offices and those associated with social assistance. ((2) The registration in the National Register of social workers in Romania is made with the registration as a member in the College either at the head office of the College, or at the decentralized premises in the territory, either by post or by electronic mail. + Article 31 (1) The financing of the College's activity is carried out from a) members ' contributions; b) donations and sponsorships; c) external financing; d) other sources according to the law. (2) The College has the obligation to publish an annual activity report in the Official Gazette of Romania, Part III. + Chapter V Final and transitional provisions Final and transitional provisions + Article 32 The National Federation of Social Workers of Romania designates an initiative committee that convenes the Constituent Assembly of the College made up of representatives of social workers from each county of the country, within 90 days from the date of the entry into force of this Law. + Article 33 The constitutive assembly of the College shall elect the governing bodies and adopt the rules of organization and functioning within 30 days from the date of the convocation. + Article 34 (1) Persons without specialized studies who perform duties of the social worker at the time of entry into force of this law have the right to carry out the activities provided in art. 3, if they prove that they are registered and attend the courses of a higher education institution with specialization in social assistance, an institution accredited according to the law, within 3 years from the date of entry into force of this law. (2) Persons who have completed a form of higher education, accredited according to the law, with other specialization than social assistance, with a minimum age of 3 years in the field of social assistance, having powers of social worker, have the right to carry out the activities referred to in 3, if they prove that they follow postgraduate studies in the field of social assistance, studies organized by higher education institutions accredited according to the law, within 5 years from the date of entry into force of this law. (3) Proof of registration and attendance of courses or, as the case may be, postgraduate studies, as well as the fulfilment of the conditions provided in par. ((1) and (2) shall be made by supporting documents that shall be submitted to the premises of the College or to the decentralized premises of its territory and to the organization or institution where that person operates. Submission of supporting documents may be made personally or they may be mailed. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, November 4, 2004. No. 466. ________________