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Law No. 263 Of 19 July 2007 On The Establishment, Organization And Functioning Of Nurseries

Original Language Title:  LEGE nr. 263 din 19 iulie 2007 privind înfiinţarea, organizarea şi funcţionarea creşelor

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LEGE no. 263 263 of 19 July 2007 (* updated *) on the establishment, organisation and functioning of the ((updated until 7 July 2014 *)
ISSUER PARLIAMENT




-------------- *) The updated form of this normative act until July 7, 2014 is carried out by the legal department of S.C. "Territorial Center of Electronic Computing" S.A. Piatra-Neamt by including all modifications and additions made by LAW no. 272 272 of 7 July 2009 ; LAW no. 90 90 of 1 July 2014 . The content of this act is not an official document, being intended to inform users The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 (1) Cresele are public or private institutions specialized in social, medical, educational services for the early growth, care and education of children of preschool age. ----------- Alin. ((1) of art. 1 1 has been amended by section 1 1 of art. unique from LAW no. 90 90 of 1 July 2014 , published in MONITORUL OFFICIAL no. 500 500 of 4 July 2014. (2) Beneficiaries of services granted by nurseries are the children of Romanian citizens residing or residing in Romania. (3) The services provided by the crèches shall also benefit the children of citizens of other states or stateless persons who have their domicile or residence established in Romania according to the law, as well as the children of foreign citizens temporarily on (4) In public institutions, the minimum conditions that children must meet when entering the community, parents/legal representatives, as well as the priority of social cases, depending on the maximum number of approved places, shall be established by decision of the local council under which the administration of the nursery is located. ----------- Alin. ((4) art. 1 1 has been introduced by section 2 2 of the single article of LAW no. 272 272 of 7 July 2009 , published in MONITORUL OFFICIAL no. 503 503 of 21 July 2009. + Article 2 ((1) Cresele shall be established, organized and operated as centers with daily working hours and/or, in exceptional situations, weekly, in public or private system. ----------- Alin. ((1) of art. 2 2 has been amended by section 2 2 of art. unique from LAW no. 90 90 of 1 July 2014 , published in MONITORUL OFFICIAL no. 500 500 of 4 July 2014. (2) Cresele in public system shall be established by decision of the local council, subordinated to it, as units with or without legal personality. (3) Private companies shall be established by commercial companies, autonomous kings, non-governmental organizations, authorized individuals or other legal entities, in compliance with the legal provisions in force regarding social services. (4) Social services provided by the local public administration authorities, as well as by the institutions and persons referred to in par. ((2) and (3) are accredited under the law. ((5) Cresele, as specialized social services, must meet minimum standards of quality. (6) The methodological coordination of the services provided by the crèches is carried out by the Ministry of Labour, Family and Equal Opportunities, the Ministry of Education, Research and Youth and the Ministry of Public Health. (7) In order to ensure the quality of services, the activity of nurseries is subject to control of competent institutions (8) Cresele may collaborate or sign protocols with other public or private institutions in the interest of the family and the child. ----------- Alin. ((8) art. 2 2 has been introduced by section 3 3 of the single article of LAW no. 272 272 of 7 July 2009 , published in MONITORUL OFFICIAL no. 503 503 of 21 July 2009. (9) Collaboration of public system nurseries with the institutions provided in par. (8) is made by a parity commission made up of a representative of the crèches administration, a representative from the organizational structure of the authority who subordinates the crèches administration and a representative of the public/private institution with which is to work together by concluding a collaboration contract signed by the members of the Joint Committee. ----------- Alin. ((9) art. 2 2 has been introduced by section 3 3 of the single article of LAW no. 272 272 of 7 July 2009 , published in MONITORUL OFFICIAL no. 503 503 of 21 July 2009. + Article 3 (1) In fulfilling their purpose, the crèches mainly carry out the following activities: a) provide care, supervision and education services for children of preschool age, through specialized staff and/or protocols with specialized structures; ----------- Lit. a) a par. ((1) of art. 3 3 has been amended by section 4.2 3 3 of art. unique from LAW no. 90 90 of 1 July 2014 , published in MONITORUL OFFICIAL no. 500 500 of 4 July 2014. b) ensure an early education program appropriate to the age, needs, development potential and peculiarities of children of preschool age, through specialized staff and/or protocols with specialized structures; ----------- Lit. b) a par. ((1) of art. 3 3 has been amended by section 4.2 3 3 of art. unique from LAW no. 90 90 of 1 July 2014 , published in MONITORUL OFFICIAL no. 500 500 of 4 July 2014. c) ensure the supervision of the health and hygiene of children and provide the first aid and medical care necessary in case of illness, until the time of taking over the child by the legal supporter or admission to a medical facility, after case, through specialized staff or protocols with specialized structures; d) ensure the nutrition of children in compliance with the legal norms in force, through specialized staff or protocols with specialized structures; e) collaborate with the families of children who attend the nursery and carry out an active partnership relationship with parents/legal representatives in compliance with the child's interest, through specialized personnel or protocols with specialized structures; f) provide advice and support for parents/legal representatives of children, through specialized staff or protocols with specialized structures; g) contribute to the early detection of risk situations that can determine the separation of the child from his parents and notify the competent institutions in this regard, through specialized employed personnel or protocols with specialized structures. ----------- Alin. ((1) art. 3 3 has been amended by section 4 4 of the single article of LAW no. 272 272 of 7 July 2009 , published in MONITORUL OFFICIAL no. 503 503 of 21 July 2009. (2) The records of the performance of the tasks provided in (1) is carried out on the basis of documents, which are established by the methodological norms for the application of the provisions of this law + Article 4 (1) Cresele are organized by age groups and psychomotor development of children, as follows: ----------- The introductory part of para. ((1) art. 4 4 has been amended by section 4.2 5 5 of the single article of LAW no. 272 272 of 7 July 2009 , published in MONITORUL OFFICIAL no. 503 503 of 21 July 2009. a) the small group, until reaching the age of one year; b) middle group, between one year and 2 years; c) large group, over 2 years. ----------- Lit. c) a par. ((1) of art. 4 4 has been amended by section 4.2 4 4 of art. unique from LAW no. 90 90 of 1 July 2014 , published in MONITORUL OFFICIAL no. 500 500 of 4 July 2014. (1 ^ 1) Depending on the psychomotor development of the child, which is differentiated on a case-by-case basis, the management of the nursery may establish another framing for it. ----------- Alin. ((1 ^ 1) art. 4 4 has been introduced by section 6 6 of the single article of LAW no. 272 272 of 7 July 2009 , published in MONITORUL OFFICIAL no. 503 503 of 21 July 2009. (2) Within an age group there may be several groups, depending on the number of children, in accordance with the capacity of the nursery approved by the act of establishment. (3) The minimum quality standards specify the maximum number of children of a group, provided in par. (2), and the minimum number of specialized personnel necessary to carry out the activities carried out by the nursery, relative to the number of children. + Article 5 (1) Cresele organized with daily working hours operate between 6,00-18,00 hours. ----------- Alin. ((1) art. 5 5 has been amended by section 7 7 of the single article of LAW no. 272 272 of 7 July 2009 , published in MONITORUL OFFICIAL no. 503 503 of 21 July 2009. (2) The cases referred to in par. (1) may also operate with flexible hours, at the request of parents/legal representatives, depending on their options, with the provision of specialized personnel. ----------- Alin. ((2) art. 5 5 has been amended by section 7 7 of the single article of LAW no. 272 272 of 7 July 2009 , published in MONITORUL OFFICIAL no. 503 503 of 21 July 2009. (3) Cresele organized with weekly working hours operate through their own staff employed, 5 working days per week, between 6,00-18,00. ----------- Alin. ((3) art. 5 5 has been amended by section 7 7 of the single article of LAW no. 272 272 of 7 July 2009 , published in MONITORUL OFFICIAL no. 503 503 of 21 July 2009. (4) The weekly work schedule means the period of care and education of children, ranging from 7.00 to Monday and 19,00 hours of Friday. (5) Cresele organized with weekly working hours ensure, in addition to the services provided in art. 1 1 para. (1), hosting children during the night, including the evening meal. ----------- Alin. ((5) art. 5 5 has been amended by section 7 7 of the single article of LAW no. 272 272 of 7 July 2009 , published in MONITORUL OFFICIAL no. 503 503 of 21 July 2009. (6) Cresele operate throughout the year. (7) Cresele may interrupt their operation for a period of 30 days of summer holidays, as well as during the public holidays. (8) Holiday periods shall be established following consultation of parents/legal representatives of children or of the parent committee as appropriate. (9) The holiday periods shall be displayed by the management of the nursery in a visible place to the parents/legal representatives of the children at least 30 days before their start date. (10) Hygienization activities and, as the case may be, the repair and maintenance works of the building are usually carried out during the holiday periods. + Article 6 (1) The registration of children at the nursery is made throughout the year, except for the holiday period, depending on the number of places, by groups of children. (2) For the provision of quality services, no more children are registered than the number approved by the act of establishment and for which accreditation has been granted. (3) By exception to the provisions of par. (2), if the registration of siblings or children raised by the same parents/legal representatives is requested and is free than a place in the children's age group, the number of places in the corresponding age group will be supplemented by the number of children in this situation. + Article 7 (1) The registration of children at the nursery in private system is carried out under a service contract, concluded between the parents/legal representatives of the children and the nursery, represented by its leader. ----------- Alin. ((1) art. 7 7 has been amended by section 8 8 of the single article of LAW no. 272 272 of 7 July 2009 , published in MONITORUL OFFICIAL no. 503 503 of 21 July 2009. (2) By the contract provided in par. (1) the rights and obligations of the parties are established ((3) The registration of children at the nursery is carried out on the basis of a written request from parents/legal representatives of children, in the order of the date of submission of applications and in accordance with the number of approved places, for the public system. Except for social cases that will be submitted for approval by decision of the local council, within the limits of the approved places. ----------- Alin. ((3) art. 7 7 has been amended by section 8 8 of the single article of LAW no. 272 272 of 7 July 2009 , published in MONITORUL OFFICIAL no. 503 503 of 21 July 2009. (4) For the representation of the interests of children in relation to the nursery, parents/legal representatives of children enrolled in the nursery may be constituted in a committee of parents. (5) The representatives of the parent committee shall be compulsorily consulted by the management of the nursery with regard to the activities and services intended for children, as well as to increase the efficiency + Chapter II Financing of cr + Article 8 ((1) The financing of the expenses necessary for the organization and functioning of the public system nurseries shall be carried out a) budgets of local councils; b) amounts broken down from some state budget revenues; c) monthly contributions of parents/legal representatives; d) donations; e) sponsorships; f) other legally constituted sources. (2) The proportion and, as the case may be, the amount of the amounts necessary to finance the public system nurseries shall be determined by Government ((3) The expenses related to the establishment, organization and operation of the crèches in the private system shall be borne from the budgets of the institutions or persons who set them up, from the contribution of the parents/legal representatives provided by law. ((4) The amounts collected from the contributions of the parents/legal representatives represent income at the disposal of the nursery directly or, as the case may be, through the institution that established it. + Article 9 (1) Parents/legal representatives of children have the obligation to pay a monthly maintenance contribution for each child enrolled in the nursery and who benefits from its services. (2) By exception to the provisions of par. (1), the local council shall bear the contributions of the parents/legal representatives of the child enrolled in the nursery and at risk of abandonment. (. The monthly contribution shall be calculated on the basis of the average monthly maintenance cost in the nursery. (4) The average monthly maintenance cost is calculated according to the maintenance, food and household expenses, inventory items, equipment and barracks, hygienic materials and the like, and in the case of private nurseries, including expenses related to payment of salaries for staff employed in the nursery. (5) The average monthly maintenance cost is differentiated, depending on the type of the nursery, respectively the day center or residential center, and is approved annually by administrative act of the institution that has in administration the nursery. (6) The average monthly maintenance cost shall be reviewed annually on the basis of the amount of the expenses referred to in paragraph ((4). + Article 10 (1) The amount of the monthly maintenance contribution due by the parents/legal representatives of the children enrolled in the nursery organized in public system shall be determined according to the incomes of the family and the number of children in its maintenance. (2) The monthly maintenance contribution due by parents/legal representatives of children for services provided by the nursery for a child shall be determined according to the number of days in which the child attends the nursery. (3) The monthly maintenance contribution provided in par. (1) is approved by Government decision, at the proposal of the Ministry of Labour, Family and Equal Opportunities. + Article 11 The monthly maintenance contribution due by parents/legal representatives of the child can also be paid through nursery tickets, according to the law. + Chapter III Staff structure + Article 12 (1) The organizational structure, the number of posts and the categories of personnel for nurseries are approved, as the case may be, by decision of the local council or by decision of the governing bodies of public institutions or natural and legal persons who set up. (2) The package of services related to nurseries is established by the methodological norms for the application of this law. + Article 13 The Ministry of Education, Research and Youth, the Ministry of Public Health and the National Employment Agency develop and implement, under the law, training, qualification, retraining, retraining programs and perfecting in the field of puericulture. + Article 14 The duties of the specialized personnel employed in the nursery shall be established by the methodological norms for the application of this law, in accordance with the specificity of the profession/occupation and the type of services + Article 15 The activity of supervision of the state of health of children and the granting, in case of illness/injury, of medical care as a matter of urgency is organized in compliance with the legal provisions in force. + Article 16 (1) The management of the crèches set up by the local councils shall be ensured, as the case may be, by a director or (2) The appointment of the director and the head of the center shall be based on competition or examination, as the case may be, under the law, by the employing institution. ((3) Candidates for filling the posts provided in par. (1) must be graduates of university education with a bachelor's degree, preferably of socioumana, medical or economic orientation. + Chapter IV Contraventions and penalties + Article 17 (1) The following facts are contraventions: a) non-compliance with 2 2 para. ((4) and (5); b) non-compliance with 5 5 para. ((10); c) non-compliance with 6 6 para. ((2). (2) The finding of contraventions and the application of sanctions shall be made by the institutions provided in art. 20 20 para. ((1). + Article 18 The contraventions provided in art. 17 17 shall be sanctioned as follows: a) with a fine of 500 lei to 2,000 lei, those provided in par. ((1) lit. a) and b); b) with a fine from 1,000 lei to 3,000 lei, the one provided in par. ((1) lit. c). + Chapter V Transitional and final provisions + Article 19 (1) In order to ensure the early childhood education program, the crèches organized in public and private system that operate on the date of entry into force of this Law shall be reorganized within 6 months after the approval of the norms methodological application of the present law. (2) The staff who, on the date of entry into force of this Law, shall remain on the existing posts until the reorganization of the nursery in accordance with the provisions of par. ((1). (3) Within 90 days from the date of entry into force of this Law, the contest shall be organized or, as the case may be, the examination for the position of head of center or director. (4) The staff employed in crèches shall receive training, qualification, retraining, retraining and refresher training in the field of puericulture. (5) The travail of the courses provided in par. (4) is supported by the employing institution. + Article 20 (1) Public social assistance services organized at the level of local public administration authorities, county school inspectorates and Bucharest municipality, Social Inspection and county health departments and Bucharest municipality monitor the work carried out by nurseries ((2) The activities subject to the monitoring and the specific tasks of the institutions provided (1) shall be established by the methodological norms for the application of this law. + Article 21 (1) The cherries that are established and operate with financing both in public and private system, prior to the entry into force of this law, can operate without accreditation for a period of 3 months from the publication of the methodological norms of application of this law and shall be deemed provisionally licensed for a period of 12 months from the date of entry into force of this Law. (2) Within 12 months from the date of entry into force of this Law, the Social Inspection has the obligation to carry out an inspection of all community social services of nursery. The inspection shall be recorded in an inspection report. + Article 22 The doctor and psychologist of the institution will complete, periodically, the sheets including the degree of psychomotor development of the child, as well as his health and evolution. ----------- Article 22 has been amended by section 9 9 of the single article of LAW no. 272 272 of 7 July 2009 , published in MONITORUL OFFICIAL no. 503 503 of 21 July 2009. + Article 23 (1) On the date of entry into force of this Law, the provisions relating to crèches of the Government Decision no. 360/1991 on the organization of the activity of crèches and kindergartens and the establishment of the contribution of parents to the maintenance of children from these units, published in the Official Gazette of Romania, 119 119 of 31 May 1991. (2) Within 30 days from the publication of the methodological norms for the application of this law, the Ministry of Public Health shall modify accordingly Order of Health Minister no. 1.955/1995 for the approval of hygiene rules on units for the protection, education and training of children and young people, with subsequent amendments and completions. + Article 24 Within 60 days of the entry into force of this Law, the Ministry of Labour, Family, Social Protection and Elderly, together with the Ministry of National Education, modify accordingly Government Decision no. 1.252/2012 on the approval of the Methodology for the organization and functioning of crèches and other early childhood education units, published in the Official Gazette of Romania, Part I, no. 8 8 of 7 January 2013. ----------- Article 24 has been amended by section 4.2. 5 5 of art. unique from LAW no. 90 90 of 1 July 2014 , published in MONITORUL OFFICIAL no. 500 500 of 4 July 2014. + Article 25 This law shall enter into force 30 days from the date of publication in the Official Gazette of Romania, Part I. 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 BOGDAN OLTEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, July 19, 2007. No. 263. ----