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Law No. 292 Of December 20 2011 Social Assistance

Original Language Title:  LEGE nr. 292 din 20 decembrie 2011 asistenţei sociale

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LEGE no. 292 292 of 20 December 2011 (* updated *) social assistance ((updated on 30 August 2015 *)
ISSUER PARLIAMENT




---------- The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 This law regulates the general framework for the organization, operation and financing of the national social assistance system in Romania. + Article 2 (1) The national social assistance system represents the set of institutions, measures and actions by which the state, represented by the central and local public administration authorities, as well as the civil society intervene for the prevention, limitation or the removal of temporary or permanent effects of situations which may lead to the marginalisation or social exclusion of the person, family, groups or communities. (2) The national social assistance system intervenes as a subsidiary or, as the case may be, complementary to social security systems and consists of the social welfare benefits system and the social service system. (3) Social assistance, through specific measures and actions, aims to develop individual, group or collective capacities to ensure social needs, increase the quality of life and promote the principles of cohesion and inclusion social. (4) The measures and actions of social assistance shall be carried out so that: a) the benefits of social assistance and social services constitute a unit package of correlated and complementary measures; b) social services to receive the benefits of social assistance, if their cost and impact on beneficiaries is similar; c) be evaluated periodically from the point of view of their effectiveness and efficiency in order to be permanently adapted and adjusted to the actual needs of the beneficiaries; d) to contribute to the insertion of the beneficiaries ' labour market; e) prevent and limit any form of dependence on state or community aid. (5) Social assistance and social services are regulated by special laws. + Article 3 ((1) The responsibility for the development of its own social integration capacities and the active involvement in solving the situations of difficulty lies with each person, as well as their family, the state authorities intervening by creating equal opportunities and, in the alternative, by providing adequate social assistance and social services. (2) The state, through the central and local public administration authorities, assumes the responsibility for carrying out the measures and actions provided for in the normative acts on social assistance benefits and social services. (3) The state, through public policies in the field of social services, contributes to the promotion, respect and guarantee of the rights of beneficiaries to an independent, fulfilling and dignified life, as well as to facilitate their participation in life social, economic, political and cultural. (4) The central public administration authorities shall ensure the development of the legislative framework in the field of social assistance, in support of disadvantaged categories, combating poverty and the risk of social exclusion, development of policies support of the family during the entire life cycle of its members, as well as the transfer to local public administration authorities and civil society, including to the cult institutions recognized by law, duties and the financial means necessary for social assistance, provided for by special laws. + Article 4 (1) All Romanian citizens who are on the territory of Romania, have their domicile or residence in Romania, citizens of the Member States of the European Union, of the European Economic Area and citizens of the Swiss Confederation, as well as foreigners and stateless persons who have their domicile or residence in Romania are entitled to social assistance, under the Romanian legislation, as well as of the regulations of the European Union and of the agreements and treaties to which Romania is a party. (2) Persons referred to in par. (1) have the right to be informed of the content and ways of granting social assistance measures and actions. ((3) The right to social assistance shall be granted on request or ex officio, as the case may be, in accordance with the law + Article 5 The national social assistance system is based on the following general values and principles: a) social solidarity, according to which the entire community participates in supporting vulnerable people who require support and social protection measures to overcome or limit some situations of difficulty, in order to ensure social inclusion of this category of population; b) the subsidiarity, according to which, if the person or family cannot fully ensure their social needs, the local collectivity and its associative and, complementary, state structures intervene; c) universality, according to which each person has the right to social assistance, under the conditions provided by law; d) respect for human dignity, according to which each person is guaranteed the free and full development of personality, his individual and social status is respected and the right to privacy and protection against any physical abuse, mental, intellectual, political or economic; e) the individual approach, according to which social assistance measures must be adapted to the particular life situation of each individual; this principle takes into account the character and cause of emergency situations that may affect the skills individual, physical and mental condition, as well as the level of social integration of the person; the support addressed to the situation of individual difficulty consists including in support measures addressed to the members of the f) the partnership, according to which central and local public authorities, public and private institutions, non-governmental organizations, religious institutions recognized by the law, as well as members of the community establish common objectives, work together and mobilizes all necessary resources to ensure decent and dignified living conditions for vulnerable people; g) participation of beneficiaries, according to which the beneficiaries participate in the formulation and implementation of policies with direct impact on them, to the realization of individualized social support programs and are actively involved in the community life, through the forms of association or directly, through voluntary activities carried out for the benefit of vulnerable persons; h) transparency, according to which it ensures the increase of the responsibility of the central and local public administration towards the citizen, as well as the stimulation of the active participation of beneficiaries in the decision-making process; i) non-discrimination, according to which vulnerable persons benefit from measures and social protection actions without restriction or preference towards race, nationality, ethnic origin, language, religion, social category, opinion, sex or orientation sexual, age, political affiliation, disability, chronic non-contagious disease, HIV infection or belonging to a disadvantaged category; j) effectiveness, according to which the use of public resources envisages meeting the objectives scheduled for each of the activities and obtaining the best result in relation to the projected effect; k) efficiency, according to which the use of public resources is based on compliance with the best cost-benefit ratio; l) respect for the right to self-determination, according to which everyone has the right to make their own choices, regardless of their social values, ensuring that it does not threaten the rights or legitimate interests of others; m) the action, according to which the social assistance measures have the final objective to encourage employment, in order to integrate/reintegrate social and increase the quality of life of the person, and to strengthen the family core; n) the unique nature of the right to social assistance benefits, according to which for the same need or social risk situation, a single benefit of the same type can be granted; o) the proximity, according to which the services are organized as close as possible to the beneficiary, to facilitate access and maintain the person as much as possible in his own living environment; p) complementarity and integrated approach, according to which, in order to ensure the full potential of social functioning of the person as a full member of family, community and society, social services must be correlated with all needs the beneficiary and granted integrated with a wide range of measures and services in the economic, educational, health, cultural, etc.; q) competition and competitiveness, according to which public and private social service providers must permanently concern themselves with increasing the quality of the services provided and receive equal treatment in the social services market; r) equal opportunities, according to which beneficiaries, without any discrimination, have equal access to opportunities for personal fulfilment and development, but also to measures and actions of social protection; s) confidentiality, according to which, for the respect of private life, the beneficiaries are entitled to the preservation of confidentiality on personal data and information regarding private life and the situation of difficulty in which they are located; t) equity, according to which all persons with similar socio-economic resources, for the same types of needs, benefit from equal social rights; u) focus, according to which social assistance benefits and social services are addressed to the most vulnerable categories of persons and are granted according to their incomes and assets; v) the right to free choice of the service provider, according to which the beneficiary or his legal representative has the right to choose freely among accredited suppliers. + Article 6 For the purposes of this law, the following terms and expressions have the following meaning: a) accreditation is a process of certification of the fulfilment by suppliers and social services granted to the criteria, indicators, as well as the quality standards regulated for each type of service; b) the social survey is a method of investigation based on different techniques of collection and processing of information, in order to analyze the social and economic situation of persons, families, groups or communities; c) the benefits of social assistance are financial/material redistribution measures for persons or families who meet the eligibility conditions provided by law; d) the beneficiary is the person receiving social assistance benefits and/or, where appropriate, social services; e) the local community represents the organized members of the local community, their forms of association, local public administration institutions, as well as other public or private institutions and services of local interest; f) the contracting of social services is the procedure for the purchase/concession of social services, based on a contract, concluded under the law, by the local public administration authorities; g) deficiency is the consequence of loss or abnormality of the structure of the body or of a physiological function; h) disability is the generic term for damages, limitations of activity and restrictions in participation, in the context of interaction between the individual who has a health problem and the contextual factors in which the factors of medium and personal; i) the standard cost represents the minimum amount related to the annual expenses necessary to provide social services, calculated for a beneficiary/types of social services, according to the minimum quality standards and/or other criteria provided by law. The current legislation is used as a term equivalent to the minimum cost standard; j) community development represents the process by which a community identifies certain priority problems, involves and cooperates in solving them, mainly using internal resources; k) the domicile represents the address to which the person declares that he has the main dwelling, also listed in the identity document of l) the social economy represents a sector that includes economic activities that, in the alternative and subject to the maintenance of economic performance, include social objectives; m) eligibility is the set of mandatory conditions that must be met by the potential beneficiary in order to be selected in order to grant social assistance and social services; n) the hosting represents the provision by the institutions providing social services of the living and resting conditions for a period of more than 24 hours; o) the household represents the unit consisting of several families and/or persons living together, contributes together to the purchase or realization of goods and income from their valorization or consumption; p) the vulnerable group designates individuals or families who are at risk of losing their ability to meet daily living needs due to situations of illness, disability, poverty, drug or alcohol addiction or other situations. leading to economic and social vulnerability; q) the inability represents the partial or total reduction of the possibility to achieve a motor activity, cognitive or behavior; r) invalidity is a forensic notion that expresses the particular status of a person who has limited ability to work and is insured in the public pension system and who benefits from rights according to the law; s) the formal caretaker is a qualified person, professionally certified, who provides personal care, namely the aid for carrying out basic and instrumental activities of daily life by the person who has lost his autonomy functional; s) the informal carer is the non-qualified person, family member, relative or any other person, who provides personal care, namely the aid for carrying out basic and instrumental activities of daily life by the person who has lost its functional autonomy; t) dwelling represents the fact of living within a administrative-territorial unit without owning a main or secondary dwelling; t) the management of social services represents the management by the legally designated management of the material, human and financial activities and resources of the service/institution/social assistance unit; u) case management is a method of coordination and integration of all activities aimed at vulnerable groups, of organization and management of specific social assistance measures, carried out by social and/or different assistants specialists, in accordance with the objectives set out in the intervention plans; v) the social life environment is the whole living conditions in the family and/or household, of personal social relations, including the environment in which the person works, is educated and carries out his usual social activities; w) social need represents the set of requirements indispensable to each person to ensure the strictly necessary conditions of life, in order to ensure social participation or, as the case may be, social integration; x) the special need is the set of indispensable requirements for ensuring the social integration of people who, due to health conditions, genetic or acquired during their life, have a disability, as well as people which, for various reasons of a social nature, are disadvantaged in personal development; y) the individualized plan of assistance and care is the document developed by a multidisciplinary team with the participation of the beneficiary/legal representative, in which the services provided to the beneficiary are specified; z) homeless persons represent a social category made up of single persons or families who, for single or cumulative reasons of social, medical, financial, legal or legal order due to force majeure situations, live in the street, temporarily live with friends or acquaintances, are unable to support a home on a rental basis or are at risk of evacuation, are in institutions or penitentiaries where they are to be discharged within 2 months, respectively issued and have no domicile or residence; aa) persons with disabilities represent those persons who have lasting physical, mental, intellectual or sensory impairments, deficiencies which, in interaction with various barriers, may restrict the full and effective participation of persons in society, on equal terms with others; bb) older persons are persons who have reached the age of 65 years; cc) the social inclusion process represents all measures and multidimensional actions in the fields of social protection, employment, housing, education, health, communication-communication, mobility, security, justice and culture, aimed at combating social exclusion and ensuring the active participation of people in all economic, social, cultural and political aspects of society; dd) the process of social integration represents the interaction between the individual or the group and the social environment, through which a functional balance of the parties is achieved; e) social protection is defined in the context of principles, values and traditions governing social relations between individuals, groups, communities and institutions in the states of the European Union and represents a set of measures and actions that aim to ensure a certain level of welfare and social security for the entire population and specifically for certain social groups. Social protection comprises two basic components: social security in contributory system and noncontributory social assistance; ff) special protection of the child is defined as a set of social assistance and social services benefits, as well as programs, measures and complementary actions intended for the care and development of the child deprived, temporarily or definitively, of the protection of parents or of the child who cannot be left in their care, in order to protect his interests; gg) the residence represents the address to which the individual declares to have the secondary dwelling, other than that of domicile; hh) poverty represents the condition of a person/family/group/community manifested by the lack of resources strictly necessary to buy goods and services considered to ensure the minimum standard of living in a certain period of time, relative to the socioeconomic conditions of society. The poverty line represents the quantification of resources and the standards used to establish it are influenced by the overall cost of living and the specificities of the social policies adopted; ii) community services are social services organized in an administrative-territorial unit organized at the level of commune, city, municipality and concern services provided at home and in day care centers, as well as residential services addressed exclusively to the citizens of the respective territorial unit; they are similar to social services provided in the community; jj) the situation of difficulty is the situation in which there is a person who, at some point, during the life cycle, from socioeconomic, health and/or resulting from the social environment of disadvantaged life, has lost or limited their own social integration capacities; families, groups of people and communities can be found in the situation of difficulty as a result of affecting the majority of their members; kk) civil society consists of persons associated with different forms, on the basis of common interests, and who dedicate their time, knowledge and experience to promote and defend their rights and interests; associative forms may be, in principal, associations and foundations, trade union and employers ' organizations, cultural and cult organizations, as well as informal community groups; ll) the cost standard is the minimum cost of the annual expenses necessary for the provision of social services, calculated for a beneficiary by types of social services, according to the minimum quality standards and/or other criteria provided by law; mm) the minimum quality standard is a set of criteria approved by mandatory normative acts at national level whose application ensures a minimum acceptable level of performance of the process of providing social services; nn) the consultative community structures represent the formal or informal association of local businessmen, priests, teachers, doctors, local councillors, police officers, other members of the community, in order to support the authorities local public administration and social service providers in addressing the social services needs of the community; oo) testing the means of existence of potential beneficiaries of social services is the procedure for assessing the realized incomes and movable and immovable property owned by the person or family, necessary to cover the consumption needs of pp) income represents the totality of the amounts that the person or family members realize/receive as a result of a salarized, independent or agricultural activity, as defined by the Fiscal Code, from the valorization, use, disposal goods in the property, as well as those coming from state social security rights, unemployment insurance, social assistance, legal maintenance obligations, other allowances, allowances and permanent aid or claims legal; qq) the victim of human trafficking represents the individual, passive subject of the facts of threat, violence or other forms of coercion, abduction, fraud, deception and abuse of authority, whether or not participating in the criminal proceedings in Injured party quality; rr) family violence refers to any physical or verbal action, committed with intent by a family member against another member of the same family, which causes a physical, mental, sexual suffering or material injury. + Chapter II Social assistance benefits system + Section 1 Definition and classification of social assistance benefits + Article 7 Social assistance benefits are a form of additional or substitution of individual/family income derived from work, in order to ensure a minimum standard of living, as well as a form of support for the promotion of inclusion social and increasing the quality of life of certain categories of persons whose social rights are expressly provided by law. + Article 8 (1) The benefits of social assistance, depending on the eligibility conditions, shall be classified as follows: a) selective social assistance benefits, based on the testing of the living means of the single person or family; b) benefits of universal social assistance, granted without testing the means of living of the single person or family; c) benefits of social assistance categories, granted for certain categories of beneficiaries, with or without testing the livelihood of the person alone or family. (2) Testing of the living means of the single person or family, provided in par. ((1) lit. a), has in mind: a) the assessment of the money income represented by all income realized in the country or outside the country's border, including those coming from state social insurance rights, unemployment insurance, legal maintenance obligations, allowances, allowances, permanent aid, other legal claims; b) the evaluation of the goods and incomes that can be obtained by the valorization/use of movable and immovable property in property or use. (3) Depending on their purpose and nature, the social assistance benefits provided in par. ((1) lit. a) and, where applicable, lit. c) it is granted either only on the basis of the assessment of the money income, or on the basis of the cumulative assessment of the money, goods and income that can be obtained by the valorization/use of movable and immovable property Use. + Article 9 (. The benefits of social assistance, depending on their purpose, shall be classified as follows: a) social assistance benefits to prevent and combat poverty and the risk of social exclusion; b) social assistance benefits for child and family support; c) social assistance benefits to support people with special needs; d) social assistance benefits for special situations. (2) The benefits of social assistance are granted in money or in kind and include allowances, allowances, social benefits and facilities. (3) The facilities referred to in par. (2) are granted for certain categories of beneficiaries and may be: a) facilities represented by ensuring the payment of social security contributions and/or assimilation of contribution periods; b) access facilities to the physical, informational and communicational environment. (4) The facilities referred to in par. (3) may be supplemented by tax incentives, granted under the law. (5) The benefits of social assistance in kind provided in par. (2) may be material aids consisting of personal or long-term and food goods, granted individually or in programs intended to facilitate access to education, health and employment. (6) If the persons who are granted the social assistance benefits provided in par. (1) fall/fall into work, resume their professional activity or start an activity on their own, they may benefit, as the case may be, under the conditions provided by the special laws, by: a) increases in the benefit of the social assistance granted, if it falls under the conditions of eligibility; b) extension of the period of granting of social assistance to a maximum of 3 months, starting with the month of employment; c) incentives for the replenishment of social services; d) other rights provided by law. (7) The refusal of a job, participation in training/qualification/retraining courses or other active measures provided by law may lead, under the conditions provided by the special laws, to the reduction of the amount of the social assistance benefit or at the end of it and the prohibition of granting a new social assistance benefit over a fixed period of time. (8) Employers who employ persons who are granted social assistance benefits may benefit, under the law, from tax or other facilities. (9) The social assistance benefits financed from the state budget and, as the case may be, from the local budgets shall be granted subject to payment by the beneficiary of the payment obligations to the local budget. + Article 10 Depending on their beneficiary, the benefits of social assistance may have: a) individual character, granted to the single person, to one or more family members whose identified need constitutes a particular situation and requires individualized intervention; b) family character, granted for increasing the quality of life in the family and maintaining a family environment conducive to the realization of its basic functions. + Section 2 Categories of social assistance benefits + Article 11 The benefits of social assistance to prevent and combat poverty and the risk of social exclusion shall be granted for specific periods of time or for specific situations and may include the following main categories: a) social assistance supported from the state budget, granted focused, for the categories of population at risk of poverty; b) community social assistance supported from local budgets, granted focused, as individual support measures for overcoming situations of temporary difficulty; c) emergency aid supported from the state budget and/or from local budgets, granted for situations due to natural disasters, fires, accidents, etc.; d) social scholarships and financial aid to facilitate access to education, supported from the state budget and/or local budgets; e) aid in nature, food and materials, including those granted under educational support programmes for children and young people from disadvantaged families, supported from the state budget and/or local budgets, such as programmes for food supplements, supplies and other necessary materials in the education process; f) the aid granted from the state budget for refugees, as well as to persons who have obtained subsidiary protection in Romania, under the conditions provided by law; g) facilities regarding the use of public transport means, access to communication and information, as well as other facilities provided by law. + Article 12 The benefits for supporting the child and the family consider the birth, education and maintenance of children and include the following main categories: a) child benefits; b) allowances for children deprived, temporarily or permanently, of the protection of parents; c) allowances for raising children; d) facilities, under the law. + Article 13 (1) The benefits of social assistance to support people with special needs are given both to ensure the basic needs of life and to promote and guarantee their exercise of rights and freedoms. fundamental and full participation in society's life. (2) The main categories of social assistance benefits for the support of persons with special needs are as follows: a) allowances for persons with disabilities; b) care allowances; c) facilities, under the law. + Article 14 ((1) Levels and amounts of social assistance benefits shall be determined in relation to the social reference indicator by applying a social insertion index. (2) The social reference indicator (ISR) represents the unit expressed in lei at the level of which the social assistance benefits, borne from the state budget, are reported, granted both in order to ensure the protection of persons within the system of social assistance and in order to stimulate the beneficiary persons of the social assistance system, in order to fit into work. (3) The value of the reference social indicator is that provided for by Law no. 76/2002 on the unemployment insurance system and employment stimulation, with subsequent amendments and completions. (4) The social insertion index (ISI) is the multiplication coefficient applicable to the reference social indicator and shall be determined in relation to the type of family as well as with the purpose of the benefit of social assistance. (. The level of social assistance benefits cumulated by a single person or, where appropriate, by a family may not exceed a coefficient relative to the value of the reference social indicator. The coefficient is established annually by Government decision, depending on the type of family and the social assistance benefits to which it or its members, respectively the single person have the right. + Section 3 Administration of social assistance benefits + Article 15 (1) The state grants the benefits of social assistance through central or local public administration authorities, in accordance with the provisions of the legislation in force. ((2) The benefits of social assistance granted by central public administration authorities, directly or by institutions subordinated to them, shall be established in money or in kind and represent financial measures intended to ensure a minimum standard of living, supporting family and child, promoting and guaranteeing the exercise by people with special needs of fundamental rights and freedoms. (3) The social assistance benefits granted by the local public administration authorities shall be established in money or in kind and are complementary measures to those provided in par. (2), supported from local budgets. + Article 16 (1) The right to social assistance benefits shall be granted at the written request of the entitled person, the representative of the family or the legal representative of the entitled person. ((2) The application is the typified form containing data on the family composition, the income made by its members, the assets held, data relating to their educational and professional situation, as well as information on special needs and particular situations in which they are located. (3) The application shall be compulsorily accompanied by the supporting documents regarding the family composition, the incomes made by its members or by the single person, as well as by any other documents regarding the situation of family members, provided by law. (4) A single application form shall be used for the application of the social assistance benefits financed from the state budget. The single application form shall be established by Government decision, within 120 days from the date of entry into force of this Law. (5) For the social assistance benefits granted from local budgets, local public administration authorities shall use application forms approved by decisions of local councils. + Article 17 (1) The application, accompanied by the supporting documents, shall be submitted and registered with the authority of the local public administration in whose territorial area they reside, reside or, as the case may be, live/live the family or the single person who calls for one or more benefits of social assistance. ((2) For the social assistance benefits paid from the state budget, the application, certified by the mayor, is transmitted until the 5th of the following month, for the previous month, to the structure or, as the case may be, to the devolved service under the the payer of the right, on the basis of borderou, whose model is established by Government decision, within 120 days from the date of entry into force of this law. ((3) The verification of the fulfilment of the eligibility conditions is carried out by the central or local public administration authorities, depending on the type and nature of the social assistance benefit, based on the supporting documents accompanying the request, the information provided by the other databases held by central and local public administration authorities, as well as other procedures established by law. (4) Within 3 years from the date of entry into force of this Law, the integrated IT system will ensure the verification of the data entered in the application, as well as of other information regarding the applicant and its socioeconomic situation. (5) As of the date on which it is 6 months from the start of the operation of the integrated computer system, the application will be able to submit without the necessary supporting documents. They will be present only at the express request of the authorities provided in par. (1) for the establishment of certain social assistance benefits provided by law. + Article 18 (1) The settlement of the application for the granting of the right is made by the administrative act issued by the central or local public administration (2) The verification of the fulfilment by the applicant of the conditions for granting the right is carried out on the basis of the supporting documents and the information and procedures provided in art. 17 17 para. ((3). ((3) If the legal conditions are met, the right to social assistance benefits shall be granted from the month following the application. ((. The cessation of entitlement shall be made from the month following that in which the conditions of eligibility are no longer met. (5) The procedure for registration and resolution of the application for social assistance benefits shall be governed by special laws. + Article 19 Central and local public administration authorities as well as public institutions shall provide, without payment, central or local public administration authorities that provide the benefits of social assistance, data and information from the databases held, managed or managed, necessary to carry out the checks provided in art. 17 17 para. ((3) and art. 18 18 para. ((2). + Article 20 (1) The payment of social benefits may be made, depending on their specificity and the option of the holder, by postal order, in bank account, in social vouchers or other form of payment, according to the law. The way of granting social vouchers is established by special laws. ((2) The payment of social assistance benefits shall be made in the current month for the previous month, and their first payment shall be made within a maximum of 30 days from the establishment of the right. ((3) In case of payment of the rights of social assistance benefits by postal order or bank account, principal authorising officers, secondary authorising officers/tertiary authorising officers or persons delegated to perform this task shall conclude on national and local level, conventions with the postal service provider, in compliance with the legal provisions on the award of public procurement contracts, public works concession contracts and concession contracts services. + Article 21 (. A transmission fee shall be established for the payment of the rights. (2) In case of payment of rights in bank account, the commission provided in par. ((1) may not be more than 0,1% of the rights paid and will be established by negotiation, between the central public administration authorities or, as the case may be, local and banking units. (3) In case of payment of rights by postal order, the commission provided in par. ((1) is calculated by applying a negotiable coefficient that cannot exceed the level established by the annual budget law. (. The payment conditions and the financial flow of payments shall be determined by the Convention between the Parties. + Section 4 Notions specific to the social assistance benefits system + Article 22 (1) The family means the husband and his wife or husband, their unmarried wife and children, who have their domicile or the common residence registered in the identity documents and who manage together. (2) It is considered family and siblings without children, who manage together and have their domicile or common residence, separated from their parents ' residence or residence. (3) It is assimilated to the term family, the unmarried man and woman, their children and each of them, who live and manage together, if it is recorded in the social investigation. (4) The extended family shall designate the child, his parents and relatives up to the fourth degree. (5) The term single parent family shall designate the family made up of the single person and the dependent child (s) and who live with it. (6) By yourself, the person who is in one of the following situations is understood: a) is unmarried; b) is a widow; c) is divorced; d) whose husband/wife is declared/declared missing/disappeared by court decision; e) whose husband/wife is arrested/remanded in custody for a period of more than 30 days or executes a custodial sentence and does not participate in the maintenance of children; f) has not reached the age of 18 and is in one of the situations provided in lett. a)-e); g) was appointed guardian or was entrusted or given in foster care one or more children and is in one of the situations provided in lett. a)-e). (7) By the term child is understood the person who has not reached the age of 18 and has not acquired the full capacity of exercise, under the law. + Article 23 (1) The family representative is the family member who has full capacity for civil rights exercise and who requests, on behalf of the family, the granting of rights to social assistance benefits. The representative of the family shall be determined by the spouses or, in case of disagreement between them, by the guardianship authority. (2) In the case of the single parent family, the family representative is the single person. (3) In the case of the single person who has dependent children and has not reached the age of 18, the representative of the family is the single person, if he has full capacity of exercise or, as the case may be, the legal representative/legal protector of it. (4) The legal representative is the person designated, under the law, to represent the interest of the person deprived of the full capacity of civil rights exercise or of the non-discerning person. (5) The legal representative of the child is the parent or person designated according to the law to exercise the rights and fulfill parental obligations to the child. + Article 24 (1) The house of residence or residence means the construction in personal property or rented or on which it exercises a right of use under the law, with the necessary dependencies, facilities and utilities, consisting of one or several rooms, which cover the minimum conditions of rest, preparation of food, education and hygiene of the single person or family, according to Annex no. 1 1 to Home Law no. 114/1996 , republished, with subsequent amendments and completions. (2) It is assimilated to the home or residence and dwelling of necessity, as well as the social dwelling, as defined according to the provisions Law no. 114/1996 republished, with subsequent amendments and completions. (3) The dwelling with improper conditions means the improvised dwelling or the construction with a dwelling destination that does not meet the minimum requirements provided in lett. A of Annex no. 1 1 to Law no. 114/1996 , republished, with subsequent amendments and completions. (4) The person without dwelling means the person who does not have established a domicile or residence, according to the provisions Government Emergency Ordinance no. 97/2005 on the record, domicile, residence and identity documents of Romanian citizens, republished, does not have a main dwelling or, as the case may be, a secondary dwelling. + Article 25 ((1) Family Livret, as it is established by Government Decision no. 495/1997 on the content, issue and update of the family-run document, is the supporting document on the family composition in order to grant social benefits. ((2) Family livers shall be issued and updated under the conditions laid down by Government Decision no. 495/1997 . + Article 26 (. The holder of the social assistance benefits shall be the person entitled or, where appropriate, the representative of the family. (2) For the benefits of social assistance having a family character, the beneficiary is the family. (3) For the benefits of social assistance that are of an individual nature, the beneficiary is the entitled person. + Chapter III Social Services System + Section 1 Definition and classification of social services + Article 27 (1) Social services represent the activity or set of activities carried out to meet social needs, as well as special, individual, family or group, in order to overcome situations of difficulty, prevention and combating the risk of social exclusion, promoting social inclusion and increasing the quality of life. (2) Social services are services of general interest and are organized in various forms/structures, depending on the specific activity/activities carried out and the particular needs of each category of beneficiaries. + Article 28 (1) Social services have a proactive nature and involve an integrated approach to the needs of the person, in relation to the socioeconomic situation, the state of health, the level of education and its social environment. ((2) Starting from the needs of each person, social services can have a wider addressability, at group or community level. (3) In order to achieve coherent, unitary and effective social actions for the benefit of the person, social services can be organized and awarded in an integrated system with the employment, health, education services, as well as with other social services of General interest, as appropriate. + Article 29 Classification of social services is based on the following criteria: a) the purpose of service b) the categories of beneficiaries to whom they are addressed; c) the assistance regime, namely the residential or non-residential regime; d) the place of granting; e) the legal regime of the social service provider; f) the granting regime. + Article 30 (1) For their purpose, social services can be classified in: assistance and support services to ensure the basic needs of the person, personal care, recovery/rehabilitation, insertion/social reintegration, etc. (2) According to the categories of beneficiaries, social services can be classified into social services intended for the child and/or family, persons with disabilities, elderly persons, victims of domestic violence, homeless persons, persons with different addictions, namely alcohol consumption, drugs, other toxic substances, internet, gambling, etc., victims of human trafficking, persons deprived of liberty, persons sanctioned with educational measure or non-custodial sentence freedom in the supervision of probation services, persons with mental conditions, people from isolated communities, long-term unemployed, as well as social support services for beneficiaries ' caregivers. (. After the assistance regime, social services shall be classified as: a) services with accommodation, fixed-term or indefinite: residential centers, sheltered housing, night shelters, etc.; b) services without accommodation: day care centers, centers and/or home care units, social canteens, mobile food service, social ambulance, etc. (. After the place of granting, the social services shall ensure: a) at the beneficiary's home b) in day care centres; c) in residential centers; d) at the home of the person e) in the community. (5) After the supplier's legal regime, social services can be organised as public or private structures. (6) After the granting regime the services are granted in normal regime and special regime: a) services granted in the regime of access, contracting and usual documentation; b) services provided in special regime with extended eligibility and accessibility, aimed at preventive measures that are offered under reduced bureaucracy and a set of social services, which will be accessed by beneficiaries only under the conditions of preservation anonymity, respectively of people addicted to drugs, alcohol, prostitutes, victims of domestic violence, etc. Special arrangements may be provided without concluding a contract with the beneficiaries; c) the category of services granted in special regime is regulated by special law. + Article 31 (1) Personal care services are addressed to dependents who, as a result of loss of functional autonomy due to physical, mental or mental causes, require significant help to realize the usual activities of everyday life. (2) The situation of addiction is a consequence of disease, trauma and disability and can be exacerbated by the absence of social relations and adequate economic resources. + Article 32 ((1) The aid granted for the performance of the usual activities of daily life concerns two categories of activities: a) basic activities of daily life, mainly: providing body hygiene, dressing and stripping, feeding and moisturizing, ensuring the hygiene of eliminations, transfer and mobilization, travel inside, communication; b) instrumental activities of daily life, mainly: food preparation, shopping, housekeeping and laundry activities, facilitation of outdoor and accompanying movement, administration and asset management activities, Accompanying and socializing. (2) The care of the person who requires for a period longer than 60 days help to perform the basic and instrumental activities of daily life is defined as long-term care. (3) Long-term care is provided at home, in residential centers, in daycare centers, at the home of the person who grants the service and in the community. + Article 33 (1) Personal care services can be organized and awarded integrated with other services, such as: a) medical care services; b) rehabilitation and adaptation services of the ambience: small furnishings, repairs and the like; c) other recovery/rehabilitation services: physiotherapy, physiotherapy, medical gymnastics, occupational therapy, psychotherapy, psycho-pedagogy, logopedie podology and the like. (2) Personal care services may be accompanied by social, legal and information counseling services. + Article 34 The categories and types of social services, activities and functions related to each type of service, as well as the framework regulations of organization and functioning shall be established by the Nomenclature of social services, approved by Government decision, on the proposal of the Ministry of Labour, Family and Social Protection + Section 2 Beneficiaries and social service providers + Article 35 (1) Benefit from social services persons and families in situations of difficulty, in compliance with the conditions provided in art. 4. ((2) Groups and communities in situations of difficulty benefit from social services, within the framework of Community action programmes aimed at preventing and combating the risk of marginalisation and social exclusion, approved by decisions of the county/local councils. + Article 36 (1) Any dependent person is entitled to personal care services, granted according to individual aid needs, family situation, socioeconomic and personal living environment. (2) The beneficiaries of personal care services are elderly people, people with disabilities and chronic patients. + Article 37 (1) Social service providers are natural or legal persons, public or private. (2) Public service providers may be: a) the specialized structures within/subordinated to the local public administration authorities and the executive authorities of the administrative-territorial units organized at the level of commune, city, municipality and sectors of Bucharest; b) central public administration authorities or other institutions subordinated to or coordinating them that have established by law attributions regarding the granting of social services for certain categories of beneficiaries; c) health facilities, educational establishments and other public institutions that develop, at Community level, integrated social services. (3) Private social service providers may be: a) non-governmental organizations, namely associations and foundations; b) cults recognized by the law; c) individuals authorized under the law; d) branches and branches of international associations and foundations recognized in accordance with the legislation in force; e) economic operators for profit purposes, for all categories of social services organized under the law, except those provided in art. 73 73 para. ((2) lit. a) and c), in art. 77 and 78, as well as those provided for in art. 83. ---------- Lit. e) a par. ((3) of art. 37 37 has been amended by art. I of ORDINANCE no. 31 31 of 26 August 2015 , published in MONITORUL OFFICIAL no. 651 651 of 27 August 2015. + Article 38 (1) In order to provide social services on the territory of Romania, social service providers, regardless of their legal form, must be accredited under the law. (2) Social services may operate on the territory of Romania only if they are accredited under the law. (3) The accreditation of suppliers, as well as of social services granted by them, shall be regulated by special law. + Section 3 Organisation and administration of social services + Article 39 The responsibility of development, administration and social service delivery is shared as follows: a) the development of public policies, programmes and national strategies in the field, regulation, coordination and control of their application, as well as the evaluation and monitoring of the quality of social services- central public administration; b) organization, administration and granting of social services-under the responsibility of local public administration authorities, attributions that can be outsourced to the non-governmental sector, institutions of worship, other natural and legal persons public or private law, under the law; c) financing of social services, under the law-from the local budget, from the contribution of the beneficiary and/or, as the case may be, of his family, the state budget, as well as + Article 40 (1) Social services shall be organized and given at the community level. (2) Social services are based on the identification and assessment of individual, family or group social needs and the development of intervention plans to prevent, combat and resolve situations of difficulty. (3) Social service providers shall ensure the activities referred to in par. (2) through social workers employed in their own structures or, in the absence thereof, they may acquire the services provided by registered social workers with individual offices or professional social assistance civil societies. (4) If, for objective reasons, social workers cannot be employed or their services are purchased, social service providers may employ social workers to carry out the identification activities and, where appropriate, to assess the the needs of persons applying for social assistance and social services. + Article 41 (1) The social services granted and administered by the local public administration authorities shall be established by decision of the local council and may be organized as structures with or without legal personality. (2) Public structures with legal personality are organised as social assistance institutions headed by a director, supported by an advisory board composed of representatives of beneficiaries and social partners in the establishment the respective administrative-territorial. (3) Public structures without legal personality shall be organized as social assistance units within the specialized apparatus of the mayor, as well as within the public social assistance service under the county councils, local councils of municipalities and towns, local councils of the sectors of Bucharest and General Council of Bucharest Municipality. (4) In order to achieve effective management, in the case of social assistance units, the responsibility for the coordination and administration of human and material resources related to that service may be delegated to the head of the unit (5) Institutions and social assistance units operate under various names, such as: day or residential centers, sheltered housing and protected units, multifunctional complexes or service complexes, social canteens, services mobile distribution of food, etc. + Article 42 (1) Social services established by public and private providers shall be organized at territorial level as follows: a) social services of local interest, addressed to beneficiaries living and living in the territorial area of the commune, city, municipality, respectively of the sectors of Bucharest; b) social services of county interest, addressed to beneficiaries living and living in the territorial area of the county. (2) Social services can serve beneficiaries from several counties, in which case the establishment, organization and financing of them are based on a partnership contract that is approved by decisions of the county or local partner councils. (3) The provisions of par. (2) shall also apply accordingly to social services of local interest aimed at beneficiaries from several communes, cities and municipalities within the same county or sectors of Bucharest, and the contracts of partnership is approved by the decisions of the local partner councils. (4) In order to develop social services, local public administration authorities may conclude public-private partnership contracts, under the conditions Public-private partnership law no. 178/2010 , with subsequent amendments and completions. (5) Local public administration authorities will ensure that beneficiaries are informed about the services offered by private social service providers. + Article 43 (1) Social services established by social, public or private service providers shall be organized at territorial level under the conditions laid down in art. 42 42 para. (1), in compliance with the provisions of the Nomenclature of social services, as well as quality standards, the general rules of minimum staff of staff at the basis of the establishment of cost standards, regulated by special legislation. (2) A system of record of social services comprising data and information on social services is organised at national level. (3) The modality of organization, administration and functioning of the system of record provided in par. (2) is approved by order of the Minister of Labour, Family and Social Protection. + Section 4 The process of granting social services + Article 44 (1) The social services shall be granted at the request of the person, as the case may be, of his legal representative, as well as (2) The request for social services is addressed to the public social assistance service organized under the local public administration authorities. ((3) The request for social services may also be addressed directly to a private provider of social services, in which case, if a service contract with the applicant is concluded, the supplier shall be obliged to inform, in writing, the administrative-territorial authority in whose territorial area the beneficiary of that service is domiciled or residing. + Article 45 (1) The granting of social services is based on a contract, concluded between the social service provider and the beneficiary, in which the services granted, the rights and obligations of the parties, as well as the financing conditions, are stipulated. (2) Model of the contract provided in par. (1) is approved by order of the Minister of Labour, Family and Social Protection. + Article 46 The process of granting social services has the following mandatory steps: a) initial assessment; b) elaboration of the intervention plan; c) the complex assessment; d) elaboration of the individualized plan of assistance and care; e) the implementation of the measures provided for in the intervention plan and the individualized plan f) monitoring and evaluation of service delivery. + Article 47 (1) The initial assessment and the intervention plan shall be carried out by the social worker or, in the absence thereof, by staff with competence in the field of social assistance from the public social assistance service under the authorities local public administration. (. The initial assessment shall aim at identifying individual and family needs, on the basis of which the intervention plan is drawn up. (3) The intervention plan carried out under the conditions of paragraph (2) addresses the person and, as the case may be, his family and includes the social assistance measures, namely the services recommended for solving the situations of need or social risk identified, as well as the benefits of social assistance at which person has the right. ((4) In the initial assessment process, the person shall receive free of charge information relating to social risks and social protection rights that he or she may benefit from, and, where appropriate, the necessary advice to overcome situations of difficulty. (5) The initial assessment may also consider the achievement of social diagnosis at the level of the group and the community and the development of the Community service plan + Article 48 ((1) Given that the initial assessment reveals the existence of special needs for which the participation of an interdisciplinary team and/or the involvement of other institutions is required, it is recommended to carry out the complex evaluation. (2) The specialized staff of the interdisciplinary teams provided in par. (1), in the evaluation activity carried out, it uses, as a rule, standardized tools and techniques, specific to its own field of activity. (3) The complex evaluation shall be carried out within the specialized structures organized according to the provisions of the + Article 49 (1) The complex assessment of persons with disabilities and persons who have lost all or at least half of the working capacity and elderly persons referred to in art. 48 aims to identify the person's needs in detail and to develop a strictly individualized support program that contains the set of measures and social services, education, medical, recovery and adaptation/readjustment necessary to be granted to the person to facilitate its integration/social reintegration. (2) The complex evaluation process mainly pursues the following aspects: a) assessment of physical, mental and sensory capacities for classification in degrees of disability, disability or dependence, as well as the establishment of the level of impairment of functional autonomy with regard to the skills of carrying out activities usual daily life, learning skills and adapting to an independent life, as well as the ability to fulfil the requirements of a profession/occupation; b) family assessment of its capacity to ensure the necessary conditions for the growth, care and education of the child, as well as to carry out the maintenance obligations of the child, according to the law; c) assessment of the physical and social environment in which the person and/or family lives; d) evaluation of the degree of insertion or social integration; e) the assessment of the person's potential to be involved in actions, programs and support services to overcome situations of difficulty; f) assessing the person's perception of their own needs, vulnerability and consequences for personal safety and security. + Article 50 (1) On the basis of the results of the complex evaluation, special protection measures, personal care services and rights to social assistance benefits or other social security benefits, as the case may be, shall be established. (2) As a result of the complex evaluation, an individualized plan of care and assistance is developed which, in order to be effective and implementable, must take into account aspects regarding: a) the motivation of the person or his legal representative to ask the state authorities for assistance and care; b) the person's motivation to participate actively in the programs, intervention measures and recommended social services; c) negative consequences for the person in case of failure to provide the necessary social d) own perception of functional capacity, performance and resources; e) the capacity of the informal network made up of the persons referred to in 52 52 para. ((2) lit. b) to provide social services; f) the support needs of the staff of formal and informal assistance and care; g) the existence of social services in the community, how they can meet the person's needs, as well as the possibility of access of the beneficiary to that service (3) Based on the results of the complex evaluation, the beneficiary shall be presented with the list of accredited service providers, which may cover all or part of the identified needs. The beneficiary has the right to freely choose among accredited service providers. + Article 51 (1) The provision of social services is based on the individualized plan of assistance and care, developed by the social service provider with the consent and participation of the beneficiary. ((2) In order to monitor the efficiency of the social services provided, as well as to establish the continuation of the intervention or to highlight the case, the beneficiary's situation shall be reassessed periodically, under the conditions Special. + Article 52 (1) In the case of personal care services at home, their granting is planned and scheduled for daily, weekly or monthly visits, distributed at regular intervals. (2) Personal care at home can be formal and informal: a) the formal care shall be provided by the qualified person, professionally certified, under the law; b) informal care is provided by family members, friends, neighbors or another non-qualified person who takes responsibility for the person's care. (3) The dependent person who requires permanent assistance and/or supervision may receive daily care provided at home, by the formal carer, for a maximum of 8 hours/day, consecutive or assigned at regular intervals during day. (4) By exception to the provisions of par. (3), personal care granted at home can be ensured, for a period of more than 8 hours/day, by qualified informal carers or by formal carers, only under the conditions expressly provided by law. (5) Persons in the situation referred to in par. (3), who request assistance in residential centers, have priority if they have no family or their family cannot provide them with the necessary care. (6) Care services that involve aid for the performance of the instrumental activities of daily life are provided by informal carers and volunteers and, only in their absence, by formal carers. + Chapter IV Integrated social assistance measures + Section 1 Preventing and combating poverty and the risk of social exclusion + Article 53 (1) Measures to prevent and combat poverty and the risk of social exclusion shall be included in the general framework of multidimensional actions of the social inclusion process ensuring the opportunities and resources needed for the participation of people who are fully vulnerable to the economic, social and cultural life of society, as well as to the decision-making process that concerns their lives and their access to fundamental rights. (2) In order to prevent and combat poverty and the risk of social exclusion, through the public policies initiated, the State shall: a) ensure the access of vulnerable persons to some fundamental rights, such as: the right to housing, to social and medical assistance, to education and to work; b) establish support measures according to the particular needs of persons, families and disadvantaged groups. (3) The harmonization of policies for the knowledge, prevention and combating of situations that determine poverty and the risk of social exclusion shall be carried out within the framework of the national mechanism for the promotion of social inclusion, with the participation of central and local public administration authorities and representatives of civil society organisations. (4) Within the multidimensional actions of the social inclusion process, the activities in the field of social economy, oriented towards the generation or provision of employment for the persons referred to in par. ((1). The organization and functioning of the social economy sector is regulated by special law + Article 54 (1) Single persons and families who do not have the resources necessary to satisfy a minimum standard of living are entitled to social assistance and social services benefits, granted according to the identified needs of each person or families. (2) The minimum standard of living is the limit expressed in lei that provide basic needs such as food, clothing, personal hygiene, maintenance and sanitation of the dwelling and are calculated in relation to the poverty line according to the methodology used in the Member States of the European Union. + Article 55 ((1) The benefits of social assistance for preventing and combating poverty and the risk of social exclusion are intended to ensure the minimum financial means necessary for daily living, as well as to supplement the person's income or means or the family in the situation provided in art. 54 54 para. ((1) and is based on the testing of livelihoods. (2) The benefits of social assistance to prevent and combat poverty and the risk of social exclusion are those provided for in art. 11. (3) The main form of support for preventing and combating poverty and the risk of social exclusion is the minimum insertion income granted from the state budget as the difference between the levels provided by special law and the net income of the family or of the single person realized or obtained in a certain period of time, in order to guarantee a minimum income to each person in Romania. + Article 56 (1) The main categories of social services for the sole purpose of preventing and combating poverty and the risk of social exclusion are addressed to persons and families without income or low incomes, to homeless persons, to victims trafficking in persons, as well as persons deprived of liberty. (2) Families and single people with no income or low income can benefit from a diversified range of social services tailored to individual needs, such as advisory and information services, insertion/social reintegration services, rehabilitation services and the like. + Article 57 Social services addressed to homeless people are aimed at providing fixed-term hosting, associated with providing counseling and reinsertion services or social reintegration, in line with individual needs. identified. + Article 58 (1) Local public administration authorities shall have responsibility for the establishment, organization and administration of social services for homeless persons. (2) For street children, for elderly people alone or without children and persons with disabilities living in the street, local public administration authorities have the obligation to establish appropriate social services within their territorial area and adapted to their needs (3) For persons living in the street, local public administration authorities have the obligation to organize emergency shelters in winter. + Article 59 (1) Social services to persons living in the streets may be organized as: a) mobile intervention teams in the street or social ambulance services; b) night shelters; c) residential centers with fixed-term hosting. (2) In order to prevent and combat the risk of young people leaving the child protection system becoming homeless, as well as promoting their social integration, local authorities can set up multifunctional centres which ensures living and housekeeping conditions for a fixed period. + Article 60 (1) For persons living in the street social services shall be granted free of charge or, as the case may be, against a modest contribution from the beneficiary. (2) The calculation and level of the beneficiary's contribution, provided in par. (1), shall be determined by the public or private provider administering the services. + Article 61 (1) Persons without income or with reduced incomes benefit from the mass granted by social canteens. (2) The social canteens are public social assistance units, with or without legal personality, established, organized and managed by the local public administration authorities, as well as by private social service providers. (3) Social canteens provide hot and cold meals, free of charge or for a fee, under the conditions provided by law. + Article 62 (1) Victims of human trafficking benefit from social services provided to facilitate their reintegration/social reintegration. (2) Social services to victims of trafficking in human beings are granted in an integrated system with other protection measures provided for by special legislation and are free of charge. + Article 63 Social services for victims of trafficking in human beings can be: a) residential centers with fixed-term hosting that provide assistance, care and protection; b) day care centers that mainly provide information, counseling, emotional and social support for the purpose of rehabilitation and social reintegration; c) services provided in the community that consist of social assistance services, emotional support, psychological counseling, legal counseling, professional orientation, social reintegration, etc. + Article 64 (1) Persons deprived of liberty, in the custody of the prison system, in order to ensure their social reintegration benefit free of charge of social and psychological counseling services, granted at the level of the settlements of holding, in an integrated system with the educational, psychological and social assistance activities and programs, of school training and vocational training carried out within them. (2) The provision of education, psychological counseling and social assistance services within the holding settlements shall be carried out by their specialized staff, with the participation of probation counselors or public providers or Private social services. (3) During the period of detention, the person deprived of liberty may also benefit from counseling on accessing existing social services in the community in which he will have his domicile or residence after his release. + Section 2 Social assistance of the child and the family + Article 65 (1) The child has the right to protection and assistance in the realization and full exercise of his rights, under the law. ((2) Ensure the growth and development of the child is the responsibility of the parents (3) The exercise of rights and the fulfilment of parental obligations must ensure the material and spiritual well-being of the child, in particular through the care and maintenance of personal relationships with him, by ensuring growth, education and His maintenance. (4) The parents of the child have the right to receive specialized assistance in order to care, increase and educate him, as well as to be informed of their rights and obligations. + Article 66 (1) The state ensures the protection of the child and guarantees the respect of all his rights through the specific activity carried out by the public authorities/institutions with (2) The child has the right to be raised with his parents in conditions that allow him to develop physical, mental, spiritual, moral and social. (3) The child has the right to benefit from social assistance measures, depending on his personal situation and the socioeconomic situation of the family or the dependent persons. (4) In order to carry out their obligations towards the child, the central and local public administration authorities support the family by providing social assistance benefits, as well as by providing social services. (5) The principle of the best interest of the child will prevail in all the steps and decisions concerning children, undertaken by the state, as well as by any natural or legal person, public or private. (6) If the parent/legal representative uses the child to appeal to the public's mercy, asking for financial or material help, as well as in the situation in which the child was the victim of the abuse/neglect/exploitation/trafficking exercised parent/legal representative, the public social assistance service organized subordinated to the county council/local councils of the sectors of Bucharest municipality initiates, at the time of finding the deed, the necessary steps to establish special protection measures provided for by law. + Article 67 Social assistance measures for the family are not provided for the compensation of their specific tasks, but as forms of support mainly intended to keep the child in the family and overcome a situation of difficulty, reconciliation of life family with working life, encouraging employment on the job market. + Article 68 (1) The benefits of social assistance in money intended for the child and the family may be granted in the form of allowances, allowances, financial incentives, tax incentives and other facilities of a financial nature, under the law. (. Allowances, allowances and incentives shall include: a) child benefits for the child from the family and the child temporarily or permanently absent from the protection of the parents, such as: the state allowance, the placement allowance and other allowances granted under the law; b) allowances, allowances and incentives for the family, granted in relation to the income of the family and the number of dependent children such as: parental allowance, insertion incentive, other family allowances and allowances. + Article 69 The child and family benefit from diversified social services, adapted to the identified needs and situations of difficulty. + Article 70 (1) Any child temporarily or permanently deprived of the protection of his parents has the right to alternative protection consisting in the establishment of guardianship, special protection measures and adoption. (2) The special protection consists in the establishment of the measure of placement and the provision of social services intended for the care and development of the child up to the acquisition of his full exercise capacity, accompanied by the assistance benefits social provided by law. ((3) The decisions to separate the child from his parents or to limit the exercise of parental rights are mandatory preceded by social services of information and counseling, therapy and mediation addressed to parents. ((4) Young people who have benefited from special protection measures and do not have the possibility of returning to the family, in situations of risk of social exclusion may, on request, benefit from the continuation of special protection measures for a period determined, under the conditions of the special legislation. (5) The special protection measures of the child shall be established by the individualized plan of protection, drawn up, applied and monitored by the authorities/institutions empowered by law. + Article 71 (1) The disabled child has the right to support and care measures, adapted to his needs. (2) The disabled child and his parents, as well as persons to whom he was given in foster care or guardianship, benefit from social services aimed at facilitating the effective and indiscriminate access of the child with disabilities to education, vocational training, health care, recovery, preparation for employment, recreational activities, as well as any other activities capable of allowing them full social integration and personal development. (3) The disabled child has the right to personal care services, established on the basis of socio-psycho-medical evaluation and individual aid needs for the realization of the usual activities of daily life. (4) The disabled child for whom the measure of guardianship or placement has been instituted with a family or person, if at the age of 18 does not follow a form of education or professional training, under the law, may remain in their care over a period of another 3 years. (5) The measure provided in par. (4) shall apply at the request of the young person with disabilities and with the consent of the family or person to whom he was given in foster care. + Article 72 (1) The child who performs criminal acts and does not respond criminally benefits from special protection measures, namely specialized placement and supervision, as well as social services aimed at supporting him in the process of social reintegration. (2) For the duration of the application of measures intended for the child committing criminal acts and not criminally liable, his family benefits from social counseling and support services to facilitate the fulfilment of the obligations provided by law on Specialized surveillance period. + Article 73 (1) Social services in the field of child and family protection have as main objective the support provided to ensure the care, growth, training, development and education of the child within the family. (2) The main categories of social services are: a) services to prevent the separation of the child from the family; b) services of reconciliation of family life with working life; c) services for the child temporarily or permanently absent from his parents; d) support services for families in situations of difficulty. (3) The social services provided in par. (2) may be granted in institutions/social assistance units, respectively in day care centers, residential centers, as well as at the family home, at the home of the person who gives care to his child in the community. + Article 74 ((1) The provision of social services for children in the special protection system is free of charge. (2) In the case of social services provided in art. 73 73 para. ((2) lit. b) and d), as well as other social services intended for the child in the family, established by the special law, the parents bear part of their expenses, paying a contribution determined according to the level of the cost of the service beneficiary and income level per family member. The amount of the contribution, the services offered, the obligations and the rights of the parties are entered in the service supply contract, concluded between the supplier and the parent/legal representative + Article 75 (1) The prevention and combating of domestic violence is a component of the protection and assistance policies of the family. (2) Social services intended for victims of domestic violence are granted in an integrated system with the other measures of legal protection, health insurance, prevention, identification and sanctioning of acts of domestic violence, provided by special legislation in the field. + Article 76 (1) Local public administration authorities shall be responsible for the establishment, organization, administration and provision of social services aimed at preventing and combating domestic violence. (2) In order to ensure effective social services, the local public administration authorities collaborate with other institutions and authorities with competence in this field, such as the police, the county gendarmes commands, the devolved services of the Ministry of Health, educational institutions, legal medicine services, etc., under the law. (3) Social services developed in the field of prevention of domestic violence are addressed to victims, but also to their aggressors. + Article 77 (1) Social services intended to prevent and combat domestic violence can be organized in day and residential centers, with or without legal personality, of local or county interest. (2) The main categories of social services organized in residential centers with fixed-term hosting are: a) emergency reception centers for victims of domestic violence; b) recovery centers for victims of domestic violence; c) sheltered housing. (3) The main categories of social services organised in day care centres are: a) counseling centers to prevent and combat domestic violence; b) centres for information and public awareness services. + Article 78 Social services for aggressors referred to in art. 76 76 para. (3) are organized in day care centers that aim to rehabilitate and reintroduce them, by providing measures of education, counseling and family mediation. + Section 3 Social assistance of people with disabilities + Article 79 (1) The promotion and respect of the rights of persons with disabilities is an obligation for the state authorities, for all legal entities under public and private law, as well as for all citizens of Romania. (2) The State, through central and local public administration authorities, has the obligation to ensure specific protection and social assistance measures, in accordance with the particular needs of persons with disabilities, as well as their family and socio-economic situation. ((3) On the basis of the principle of equal opportunities, the competent public authorities are required to ensure all necessary measures for persons with disabilities for the purpose of: a) direct and unhindered access to education, health, employment, justice, as well as to all types of public services of general interest and social services; b) facilitation of active participation in the life of the community to which the person belongs and of the society at large (4) A priority component of the protection of persons with disabilities concerns the provision and facilitation of access to empowerment/rehabilitation programs, medical devices intended to recover some organic or functional deficiencies, as well as to assistive technical equipment to facilitate the daily life of people with disabilities, their study and professional activities. + Article 80 (1) For the protection and promotion of the rights of persons with disabilities, public authorities are required to include the special needs of this category of persons in all public policies, strategies and regional development programs, county or local, as well as in government programs. (2) The central and local public administration authorities, as well as any legal person under public or private law, have the obligation to provide information and documentation services accessible to persons with disabilities. + Article 81 (1) Persons with disabilities, depending on the level of deficiency, the degree of impairment of functions and structures of the body, environmental factors and personnel, the manifest inability falls within degrees of disability, regulated by the laws Special. (2) Depending on the degree of disability, as well as, where appropriate, family and socio-economic difficulties, persons with disabilities benefit from allowances, allowances and facilities, as well as other forms of financial and in-kind support. (3) Persons with disabilities benefit from a monthly allowance in order to support daily life necessities, as well as a care allowance in order to ensure personal care, granted according to the degree of disability and in the conditions established by the special laws (4) For persons with serious impairment of work capacity, the allowance provided in par. ((3) shall be granted only according to their degree of disability. (5) Adult persons, depending on the degree of disability, may benefit, under the law, from tax incentives and other facilities, as well as loans whose interest is borne from the state budget for the purchase of motor vehicles and for home adaptation according to individual needs. + Article 82 People infected with HIV or AIDS, children and adults, are entitled to a monthly food allowance intended to ensure proper nutrition in addition to the specialist treatment with antiretroviral drugs. + Article 83 (1) The person with disabilities is entitled, on the basis of socio-psycho-medical evaluation, to social services organized and granted under the law. (2) Social services addressed to persons with disabilities shall be granted at home, in residential centers or in day-care centers, designed and adapted to the individual needs of the assisted person. + Article 84 (1) Local public administration authorities have responsibility for the organization and financing or co-financing of social services appropriate to special needs for care, assistance, education and training, recovery/rehabilitation, insertion/social reintegration of persons with disabilities, in accordance with national strategies, county strategies and annual action plans. (2) The local public administration authorities have the obligation to monitor the situation of all persons with disabilities who have their domicile or residence on their territorial area and to take all steps in order to facilitate the reintegration social of these in the community and the insertion into the labour market. (3) In order to ensure the continuity of protection, assistance and care measures, the local public administration authorities shall establish specific measures to achieve the transition of the young person with disabilities from the child protection system in the system for the protection of adults with disabilities. + Article 85 (1) The socio-psycho-medical evaluation of the person with disabilities in order to fit into a degree of disability and the establishment of personal care needs is carried out by specialized personnel from the evaluation bodies, constituted according to law (2) The personal care services at home or the recommendation for admission to a residential center shall be included in the individual rehabilitation and social integration program, elaborated after the evaluation provided in par. ((1). + Article 86 (1) The person with disabilities benefits from personal care services at home, granted by formal or informal carers. (2) Informal and formal care providers benefit from support facilities and services, regulated by special legislation. + Article 87 (1) The person with serious disability, depending on the nature of the deficiency and the specifics of the care needs, can be assisted and cared for at home by a family member employed as a formal caregiver, under the conditions provided by law. (2) The disabled person opts between the care allowance and the services provided by the formal carers. + Article 88 Local public administration authorities have an obligation to ensure, with priority, home care services for people with disabilities, as well as in day care centers adapted to their needs, such as: recovery/readjustment, insertion/social reinsertion centers, social centers, occupational therapy centers and other special therapies, day-time assistance and care centers, protected workshops/protected units, and the like, according to the powers established by special laws + Article 89 (1) Admission of persons with disabilities in residential centers is carried out only if the assistance, care, recovery or protection of persons cannot be carried out at home or within the day centers organized in the community. (2) The main categories of residential centers for persons with disabilities who provide for indefinite or determined hosting are: a) care and assistance centres; b) recovery and rehabilitation centres; c) centers of integration through occupational therapy; d) breathing centres/crisis centres; e) sheltered housing. + Article 90 (1) Adult persons with disabilities assisted in residential centers or their legal supporters, depending on the personal income of persons with disabilities, are required to pay a monthly maintenance contribution, established in the the law. (2) Persons with disabilities who have no income and no legal supporters who owe their maintenance or whose income does not allow the monthly contribution to be provided are assisted free of charge, the related costs being supported from the budgets local or county. + Article 91 (1) In order to ensure the evaluation, orientation, training and professional reconversion of persons with disabilities, central and local public administration authorities have the obligation to organize and develop integrated social services with services and specific measures to stimulate employment. (2) Legal persons under public or private law, as employers have the obligation to create all the necessary conditions for the acquisition and maintenance of a job, as well as for the professional promotion of the person with disabilities. (3) The employment of the person with disabilities is carried out on the free labor market, at home and in protected forms, namely protected work and protected units, regulated by special legislation. (4) Employers of persons with disabilities benefit from tax incentives, as well as other rights granted under the law. + Section 4 Social assistance of older people + Article 92 (1) Elderly persons represent a category of vulnerable population with particular needs, due to the physiological limitations and fragility characteristic of the aging phenomenon. (2) Older persons, depending on personal situations of a socio-economic, medical and physiological nature, benefit from social assistance measures, in addition to social security benefits to cover the risks of old age and health. + Article 93 (1) The family of the elderly person has the obligation to provide care and maintenance. (2) The obligations provided in par. ((1) shall be established in such a way that it does not affect the income considered to be the minimum necessary for the current life of the person/persons required for maintenance, as well as their children. (3) In the situation of the elderly person alone or whose family cannot provide, in part or in full, its care and maintenance, the State intervenes by providing social assistance and social services benefits adequate to the strict needs individual of the elderly person. + Article 94 (1) The benefits of social assistance are granted to elderly people who find themselves in situations of vulnerability, namely: a) do not realize their own income or their income or legal supporters are not sufficient to ensure a decent living and safe living environment; b) they are unable to provide for themselves the basic activities of daily life, cannot manage themselves and require assistance and care; c) they do not have a home or the possibility to provide their living conditions on the basis of their own resources; d) is in other emergency or necessity situations, provided by law. (2) The benefits of social assistance for older people are mainly: a) benefits of social assistance to prevent and combat poverty and the risk of social exclusion; b) care allowances, granted under the law; c) allowances or contributions to ensure the quality of social services, intended to cover the costs of food in social canteens, in residential care centers, as well as to support nutritional supplements; d) facilities regarding urban and interurban transport, telephone, radio-tv, food purchase, spa treatment tickets or for recreation, as well as other services; e) aid for situations that endanger the life and safety of the elderly person, as well as to avoid institutionalization; f) aid in kind such as: food, footwear, clothing, medicines and medical devices, building materials and the like. + Article 95 (1) In order to prevent, limit or eliminate temporary or permanent effects of situations that may affect the life of the elderly person or generate the risk of social exclusion, older persons shall be entitled to social services. (2) In the decision-making process regarding the development of social services for the elderly, central and local public administration authorities have the obligation to consult the representative bodies of the elderly, constituted according to Law. (3) The local public administration authorities shall provide free information and advice services to the elderly on their social rights. (4) In the process of granting social services, public and private providers have the obligation to involve the elderly person, as well as their family or legal representative and to promote the intervention of community members and volunteers. + Article 96 (1) In order to identify and respond as adequately as possible to the social needs of older people and the particular conditions in which they are located, social services are organized as a priority at the level of local communities. (2) Local public administration authorities have the responsibility to identify and assess the needs of older people, to organize, plan and ensure the financing or co-financing of social services, and social service providers public and private have the responsibility of granting them in compliance with quality standards. + Article 97 (1) Elderly dependent persons shall benefit from personal care services provided in accordance with the degree of dependency in which individual aid needs are also located, as well as depending on the family situation and income available to them. (2) Local public administration authorities have the obligation to provide personal care services provided at home or in residential centers for elderly dependents alone or whose family cannot provide them care. + Article 98 (1) The assessment of the functional autonomy of dependent persons and the establishment of addiction degrees is carried out on the basis of standard criteria, approved by Government decision. (2) The assessment of functional autonomy is usually carried out at the person's home, by a mobile team of evaluators. (3) The responsibility for the correctness of the data and the recommendations on the degree of dependency of the assessed persons shall be jointly severed by the members of the evaluation team. (4) The assessment of functional autonomy, in the case of persons assisted in health facilities with beds, can also be carried out at the patient's bed, at the request of the attending physician or the employee social worker of the hospital. (5) The provision of care services is carried out according to the individualized plan of assistance and care, developed by specialized personnel, based on the recommendations made by the evaluation team. + Article 99 (1) The provision of personal care services at home of elderly persons shall be carried out by the formal or informal caretaker. (2) Informal and formal care providers benefit from support facilities and services, allowances, counseling services, breathing services and care leave, according to the law. + Article 100 In order to maintain in its own environment of life and prevent situations of difficulty and dependence, elderly people benefit from counseling, accompaniment services, as well as services designed to arrange or adapt the home, depending on of the nature and degree of impairment of functional autonomy. + Article 101 (1) The care in residential centers of dependent elderly persons may be ordered only if their home care is not possible. (2) Residential centres for elderly persons may be organised as: a) temporary care facilities; b) indefinite care centers, namely homes for elderly people; c) sheltered housing, service complex and other types of centers. + Article 102 (1) Older persons who have their own income have the obligation to pay a monthly contribution to provide personal care services at home and to assist and care in residential centers, established by local public administration authorities or private providers who manage them, in compliance with the condition laid down in art. 91 91 para. ((2). (2) If the elderly person has no income or cannot pay the full monthly contribution, the amount related to it or the difference up to the competition of the full amount of the contribution shall be ensured by the legal supporters of the person elderly, in accordance with their income level, calculated per family member, in the amount provided by law. (3) Elderly people who have no income and no legal supporters owe the monthly contribution, which is ensured from local budgets, within the limits decided by the local public administration authorities. + Article 103 The elderly person who concludes translative legal acts of property, as onerous or free of charge, for the purpose of maintenance and personal care, has the right to protection measures granted under the law. + Chapter V Institutional construction of the national social assistance system + Section 1 Central level + Article 104 (1) The Ministry of Labour, Family and Social Protection is the central public authority that develops social assistance policy and promotes the rights of family, child, elderly people, persons with disabilities and any other people in need. (2) The Ministry of Labour, Family and Social Protection establishes the national and sectoral development strategy in the social field, coordinates and monitors their implementation, financially and technically supports social programs and exercises control on the granting of social assistance and social services benefits. (3) The Ministry of Labour, Family and Social Protection has the responsibility of unitary application, at territorial level, of national legislation and strategies in the field of social assistance. (4) In the elaboration of the national and sectoral strategy, the Ministry of Labour, Family and Social Protection shall consult with central and local public authorities which have responsibilities in the financing and granting of social services as well as with representatives of civil society with activities in the field. (5) In the exercise of his duties, the Ministry of Labour, Family and Social Protection collaborates with the other ministries and specialized bodies subordinated to the Government, with other public institutions and with private law bodies. (6) The Ministry of Labour, Family and Social Protection may constitute executive or advisory structures for the implementation and monitoring of social policies, as well as of development programs in the field. + Article 105 In order to achieve its role in social assistance, the Ministry of Labour, Family and Social Protection performs the following functions: a) state authority, which ensures the exercise of the control of the unit application and compliance with the legal regulations in the field; b) strategy, establishing the objectives and directions of development of the social assistance system, in accordance with the social policies established by the Government; c) regulation, ensuring the elaboration of the normative and institutional framework necessary for the achievement of strategic objectives in the field of social assistance; d) coordination, ensuring the unitary and effective functioning of the social assistance system; e) representation, which ensures, on behalf of the Romanian state, the representation internally and externally; f) administration, ensuring the management of human, material and financial resources. + Article 106 In the field of social assistance, the Ministry of Labour, Family and Social Protection performs the following main tasks a) develop public policies, strategies, as well as the system's unitary development programs; b) set the priority objectives and action directions of the specific policies; c) develop draft normative acts, methodological norms and other regulations regarding the organization, functioning and development of the social assistance system; d) initiates and supports pilot projects for the implementation of specific programs; e) monitor, evaluate and control the application of legal regulations; f) funds the social assistance benefits granted from their own budget; g) develops, proposes and monitors the social indicators in the field; h) analyzes annually, at national level, data on poverty and social exclusion, identifies factors contributing to social inclusion, elaborates national reports in the field, formulates recommendations and proposals in order to streamline the decision-making process in the field of social inclusion; i) initiates and ensures the participation in training programs of personnel with attributions in the field, as well as of informal staff; j) identifies the priorities for the development of social services by categories of beneficiaries and types of needs on the basis of which it elaborates public policies, strategies and social programs addressed to elderly people, persons with disabilities, victims of domestic violence, homelessness, people and families affected by poverty, as well as other categories of people in need; k) collects and processes data and information on beneficiaries, suppliers and social services granted, at national level; l) monitor the implementation of local public administration authorities ' strategies on social services development; m) elaborates the cost standards for social services and monitors their compliance by public providers; n) develop the criteria, performance indicators and quality standards on social services, monitor and control their compliance by public and private providers; o) develop, finance and implement programs of national interest for the development and sustainability of social services; p) develops and implements programs and projects financed by structural funds and other international funds; q) grants subsidies for the development of social services, under the law; r) finances the expenses with construction works, repairs, upgrades and facilities carried out at the social service centers, under the law; s) methodologically coordinate the activity of public social assistance services at territorial level and permanently collaborate with local public administration authorities; s) collaborates and carries out joint actions and programs with private social service providers; t) performs any other duties provided by the legal regulations in force. + Article 107 (1) The Ministry of Labour, Family and Social Protection, for the activity of establishment and payment of social assistance benefits provided from the state budget allocated to the Ministry of Labour, Family and Social Protection, as well as for the activity of inspection, organize specialized institutions, with or without legal personality, in order to carry out a unitary system of administration of social assistance benefits and evaluation, monitoring and control in the field of social assistance. (2) The institutions provided in par. (1) is organized according to the number and categories of beneficiary persons, as well as the complexity of the activity, as public institutions with structures at central level and, as the case may be, with devolved services at territorial level, with or without legal personality. (3) Organization, operation and financing of the institutions provided in par. ((1) and (2) shall be established by law. + Article 108 (1) The activities provided in art. 107 107 para. (1) shall be carried out by civil servants, social inspectors and staff employed on the basis of an individual employment contract. (2) The social inspectors represent the specialized personnel who perform their duties throughout the country and benefit from the specific status of the personnel with inspection and control duties. (3) In carrying out the duties provided in par. ((1), the social inspectors shall carry out the assessment, monitoring and monitoring of compliance with the legislation in force in the field of social assistance, monitoring and monitoring compliance with the criteria, standards and indicators under which providers and social services, the finding of contraventions and the application of sanctions provided by law. (4) The social inspection establishes annually, through inspection plans, evaluation, monitoring and control topics, as well as specific control missions in order to reduce error, fraud and corruption. (5) The mode of operation at national level, as well as the specific tasks of the Social Inspection shall be established by Government decision, at the proposal of the Ministry of Labour, Family and Social Protection. + Article 109 (1) In order to streamline the process of elaboration and implementation of social policies at national level, the Ministry of Labour, Family and Social Protection organizes the National Social Observatory, hereinafter referred to as the Observatory. (2) The Observatory is intended to collect and analyse at national level the data on public policies in the field of social protection, employment, housing, education, health, information-communication, mobility, security, justice and culture as an integral part of the social inclusion process, to develop national reports in the field, as well as to formulate recommendations and proposals in order to streamline the decision-making process in the areas mentioned. ((3) In order to carry out its tasks, the Observatory shall collaborate with national and international bodies with concerns in the field of social protection and conclude cooperation protocols, including sectoral social observatories or territorial organised by them. (4) The Observatory is part of the national mechanism for implementing the social inclusion process and cooperates with central and local public authorities, with all forms of organisation of civil society participating in this mechanism and with research institutes and universities. (5) The organization, operation and financing of the Observatory shall be established by Government decision, at the proposal of the Ministry of Labour, Family and Social Protection. + Article 110 (1) The assessment activity of persons presenting disability and/or disability-generating conditions shall be carried out by the National Institute of Medical Expertise and Work Capacity Recovery, hereinafter referred to as the Institute, and territorial structures of medical expertise. (2) In order to carry out the disability assessment activity, the functional capacity of the Institute and the structures provided in par. (1) will be dimensioned accordingly to additional duties. (3) The structures referred to in par. (1) are the only units of profile empowered to carry out the assessment of persons in order to fit into degrees of disability or disability. (4) The organization and functioning of the Institute and specialized structures in medical expertise shall be established by Government decision. (5) The assessment of persons for classification in degrees of disability or disability is carried out on the basis of criteria developed in accordance with the classifications and model of operation and disability provided for in the International Classification of functioning, disability and health, developed by the World Health Organization. (6) The Institute and the territorial structures have the following tasks: a) receive and analyze the requests and medical documents necessary to carry out the complex evaluation of the person b) carry out the assessment of the health of the person and the level of impairment of the functional and structural integrity of the body; c) assess the skills of achieving the basic and instrumental activities of life in relation to environmental factors and personal factors; d) establish the degree of functional limitation on the basis of which the person can be classified in degree of disability or degree of disability; e) develop recovery/rehabilitation programs, specific therapies, care and assistance. + Article 111 Ministries and other bodies of the central specialized public administration ensure the application of social assistance measures specific to their own field of activity, provided by law. + Section 2 Local level + Article 112 (1) In order to ensure the application of social policies in the field of child protection, family, elderly persons, persons with disabilities, as well as other persons, groups or communities in social need, the administration authorities Local public authorities have powers to administer and grant social assistance and social services. (2) In the field of administration and granting of social assistance benefits, the local public administration authorities have the following main tasks: a) ensure and organize the activity of receiving requests for social assistance benefits; b) for the social assistance benefits granted from the state budget, the monthly collection of applications and their transmission to the territorial agencies; c) verify the fulfilment of the legal conditions for the granting of social assistance benefits, according to the procedures provided by law or, as the case may be, established by decision of the local council, and prepare the necessary documentation the right to social assistance measures; d) prepare provisions for granting/rejection or, as the case may be, to modify/suspend/terminate the social assistance benefits granted from the local budget and submit them to the mayor for approval; e) communicate to the beneficiaries the provisions on the rights and facilities to which they are entitled, according to the law; f) follow and respond to the fulfilment of legal conditions by the holders and beneficiaries of social assistance benefits; g) conduct surveys and social surveys for the early detection of cases of social exclusion risk or other situations of necessity of community members and, depending on the situations found, propose appropriate measures to support these persons; h) performs the financial-accounting activity regarding the benefits of social assistance administered; i) develop and substantiate the budget proposal for the financing of social assistance benefits; j) meet any other duties provided by the legal regulations in force. (3) In the field of organization, administration and social services, the local public administration authorities have the following main tasks: a) elaborates, in accordance with national strategies and local needs identified, the county strategy, respectively local development of social services, in the medium and long term, after consulting public and private providers, associations professional and representative organisations of the beneficiaries and shall be responsible for its application; b) after consulting the public and private providers, professional associations and representative organizations of the beneficiaries develop the annual action plans on social services administered and financed from the council budget county/city council/General Council of Bucharest Municipality, which includes detailed data on the number and categories of beneficiaries, existing social services, social services proposed to be established, contracting program of public funds, the estimated budget and sources of funding; c) initiates, coordinates and applies measures to prevent and combat situations of marginalization and social exclusion in which certain groups or communities can be located; d) identify families and people in difficulty, as well as the causes that have generated the risk situations of social exclusion; e) carry out the duties provided by law in the process of granting social services; f) conclude, under the law, public-public and public-private partnership contracts for the financial and technical support of the local public administration authorities at the county level, in order to support the development of social services; g) propose the establishment of social services of county or local interest; h) collects, processes and manages the data and information on beneficiaries, public and private providers and the services administered by them; i) monitor and evaluate social services; j) develop and implement projects with national and international funding in the field of social services; k) develop the draft annual budget for the support of social services in accordance with the annual action plan and ensure their financing/co-financing; l) ensure the information and advice of beneficiaries, as well as informing the population on social rights and social services available; m) provides, manages or, as the case may be, contracts social services addressed to the child, family, persons with disabilities, elderly persons, as well as to all categories of beneficiaries provided by law, being responsible for the quality services rendered; n) plan and carry out the information, training and methodological guidance activities, in order to increase the performance of the staff who manage and provide social services; o) collaborate permanently with civil society organisations representing the interests of different categories of beneficiaries; p) organizes and performs the activities specific to the contracting of social services granted by public and private providers; q) conclude, under the law, contracts and partnership agreements, financing contracts, subsidy contracts for the establishment, administration, financing and co-financing of social services; r) financially and technically monitor the contracts referred to in lett. q); s) perform any other duties provided by the legal regulations in force. + Article 113 (1) In application of the duties provided in art. 112 the local public administration authorities establish specialized structures called public social assistance services and organize, in the specialized apparatus of the county council/mayor, the compartment responsible for contracting social services. (2) Public social assistance services are organized under the county councils, local councils of the sectors of Bucharest and the General Council of Bucharest, at the level of general direction. (3) Public social assistance services are organized under the local councils of municipalities and cities, at the direction level. (4) At the level of the communes, the public social assistance services are organized as a functional compartment in the specialized apparatus of the mayor. (5) The framework regulations for the organization and functioning of public social assistance services and their indicative staff structure are approved by Government decision, at the proposal of the Ministry of Labour, Family and Social Protection, following that the own regulation, the organizational chart and the state of functions will be approved by decision of the county council/local council/General Council of Bucharest Municipality. + Article 114 (1) The local public administration authorities at the level of the counties shall carry out the tasks provided in 112 112 thus: a) through public social assistance services, for the tasks provided in par. ((2) lit. a), f), h) and i) for the benefits of social assistance provided from the own budget, established by decision of the county council, and, as the case may be, of those provided for in the special laws and for the duties provided in par. ((3) lit. a)-o) and lit. s) with regard to the granting and administration of social services; b) through the compartment provided in art. 113 113 para. (1), for the tasks provided in par. ((3) lit. p)-r). (2) In addition to the duties provided in par. (1) the local public administration authorities at the level of the counties shall: a) coordination of the establishment and organization of social services, in accordance with the needs and situations of difficulty identified, in order to achieve a fair coverage of their development throughout the county; b) providing support to local public administration authorities at the level of communes, towns and municipalities within the territorial area of the county, for the purpose of planning, developing and organizing social services of local interest; c) the establishment and administration of the database on all public and private providers of social services at the county level. + Article 115 (1) The authorities of the local public administration at the level of the municipalities, cities, communes, as well as the sectors of Bucharest municipality carry out the tasks provided in 112 112 thus: a) through public social assistance services, namely functional compartments for the tasks provided in par. ((2) and para. ((3) lit. a)-o) and lit. s); b) through the compartment responsible for contracting social services, for the tasks provided in par. ((3) lit. p)-r). (2) In addition to the duties provided in par. (1), the local public administration authorities at the level of municipalities, cities, communes, as well as the sectors of Bucharest have the obligation to transmit to the public social assistance service at the county level, respectively The General Council of Bucharest Municipality local strategies and annual action plans, as well as the data and information collected at local level on beneficiaries, public and private providers, as well as the services managed by them. + Article 116 (1) The General Council of Bucharest shall carry out the tasks provided in art. 112 112 thus: a) through the public social assistance service, for the tasks provided in par. ((2) lit. a), f), h) and i), for the benefits of social assistance provided from the own budget, established by decision of the general council and, as the case may be, those provided for in the special laws; b) through the public social assistance service, for the tasks provided in par. ((3) lit. a)-o) and lit. s); c) through the compartment responsible for contracting social services, for the tasks provided in par. ((3) lit. p)-r). (2) In addition to the duties provided in par. (1), the General Council of Bucharest ensures: a) collaboration with public social assistance services at the level of the sectors, as well as with public or private social service providers and other civil society organisations representing the interests of the beneficiaries, with a view to facilitating the equitable access of all citizens of the capital to existing social services within the territorial area of the entire municipality; b) endorsement of social services development strategies at sector level; c) the initiation and application of programs to prevent and combat situations of marginalization and social exclusion, the resolution of social emergencies and the development of social services projects mainly intended for the categories of persons whose the needs are not covered by the services created at the level of the Bucharest d) establishment, organization and granting of social services of local interest to persons living in the territorial area of Bucharest, without having their domicile/residence in a sector. + Article 117 (1) The strategies for the development of the county social services and of the city of Bucharest are elaborated in the medium term, respectively for a period of 5 years, as well as in the long term, respectively for a period of 10 years, and include the measures and actions of domain, their planning and estimative budget. (2) Strategies for the development of social services provided in par. (1) shall be debated and endorsed by the County Committees of Social Inclusion and of the Municipality of Bucharest, prior to their approval by decision of the county council, respectively of the General Council of Bucharest Municipality. (3) The county commissions of social inclusion and that of the city of Bucharest are constituted at the level of the prefect's institution and operate within the national mechanism for the promotion of social inclusion in Romania approved by decision of Government. (4) The local public administration authorities at the level of the sectors of Bucharest municipality develop their own strategies for the development of social services that are included in the social services development strategy of the city of Bucharest. The General Council of Bucharest collaborates with local sector councils in order to ensure equal opportunities for all residents of the capital in accessing social services. (5) Strategies for the development of social services provided in par. ((1) and (4) shall be drawn up within a maximum of one year after the entry into force of this Law. + Article 118 (1) The annual action plans on social services shall be drawn up by the local public administration authorities, in accordance with the measures and actions provided for in the social services development strategy of the county to which they belong, respectively in that of Bucharest, for the sectors at the level of the capital. (2) The annual action plans on social services referred to in par. (1) include detailed data on the number and categories of beneficiaries, existing social services, social services proposed to be established, the service contracting programme from private providers, the subsidy programme, the estimated budget and funding sources. (3) The annual action plans drawn up by the local public administration authorities, prior to their approval by decision of the local council, shall be submitted for consultation to the county council and to the General Council of Bucharest. (4) The annual action plans on social services managed and/or financed by the county councils, the local councils of the sectors of Bucharest, as well as the General Council of Bucharest, before the submission to them for approval by decision of the county council/local council of the sector/general council of the capital, shall be sent for consultation to the territorial commissions of social inclusion. + Article 119 (1) Local public administration authorities and all public social service providers have the obligation to organize and grant social services, as well as to plan their development, only according to the identified needs of persons from the community, the priorities assumed, the resources available and the most effective cost/benefit ratio. (2) In order to ensure adequate and quality social services, local public administration authorities have the obligation to ensure human, financial and material resources, in accordance with the regulations in force, their own strategy development of social services and annual action plans in the field. (3) The local public administration authorities of the communes, cities, municipalities and sectors of Bucharest establish residential social services of local interest, only if the number of requests justifies the existence of a such service within their territorial area. (4) Given that the number of requests is limited or if they do not have sufficient resources, the local public administration authorities at the level of communes, cities, municipalities and sectors of Bucharest conclude partnerships for the establishment of residential services of intercommunity interest for persons who have their domicile/residence in the partner administrative-territorial units. (5) The county council, based on the identified needs and waiting requests registered at the county level, establishes residential social services of county interest. (6) Local public administration authorities may decide, by council decision, to change the destination of existing social services, only to other categories of social services or, in duly justified cases, to services in the field of education, health or culture. + Article 120 In order to effectively operate the national social services system, public social assistance services at local and county level have the following obligations, in relation to the Ministry of Labour, Family and Social Protection: a) to respect and apply the provisions of the legal regulations in force, of national strategies and programs in the field of social services; b) to transmit to the Ministry, within 30 days from the approval, the strategy for the development of social services at the county level/of the sectors of Bucharest/Bucharest Municipality; c) to transmit to the Ministry, within the requested deadlines, the statistical situations, the data, the information, the indicators concerning the social services organized and granted at the level of the county, the city of Bucharest and the sectors local level, as applicable; d) to respect and apply, within the framework of the annual action plans, the national priorities for the development of social services; e) to respond, within the deadlines provided by law, to the ministry's requests regarding social services in coordination and administration. + Chapter VI Staff in the social assistance system + Article 121 (1) In the field of social assistance activates social workers, other specialist staff in social assistance, as well as staff with various professions, qualifications and competences. (2) Staff in the field of social assistance operate in accordance with the status of the profession, the provisions of the Labor Code, as well as other legal provisions, as appropriate. + Article 122 ((1) The identification and evaluation of individual, family or group social needs and the elaboration of intervention plans for the prevention, control and resolution of situations of difficulty shall be carried out, under the conditions of special laws, by social workers, in accordance with their duties according to the status of the social worker and internal regulations of employers, namely the job description. (2) The local public administration authorities shall hire social workers or contract their services in order to carry out the activities referred to in par. (1), in compliance with the report of a social worker to a maximum of 300 beneficiaries. + Article 123 (1) In the process of granting social services, volunteers can be involved who, for the work carried out, benefit from the facilities. (2) Social service providers who use volunteers can benefit from facilities for accessing funds from the state budget, local budget or international funds. (3) The facilities referred to in par. ((1) and (2) are provided in the special laws. + Article 124 Staff working in the field of social assistance are required to: a) to carry out its activity in accordance with the legislation in force; b) ensure the confidentiality of information obtained in the exercise of the profession c) respect the privacy of beneficiaries; d) respect the freedom of the beneficiary to choose social services and social service providers; e) to respect professional ethics; f) actively involve the beneficiaries of social services and, as the case may be, their families in decision-making and social services; g) respect the dignity and uniqueness of the person. + Article 125 (1) The staff employed in the social services, as well as the one in the public social assistance services, are contract staff. (2) By exception to the provisions of par. (1), persons with management function of the public social assistance services, as well as staff with attributions in the realization and elaboration of annual action strategies and plans, in the collection and administration of databases, in contracting social services, the administration of human resources and economic and financial activities and legal advice may be classified as public servants under the conditions Law no. 188/1999 on the Statute of civil servants, republished, with subsequent amendments and completions. + Article 126 Central and local public administration authorities, as well as public and private social service providers, have the obligation to promote, facilitate and provide staff with training programs, as well as specific training programs. + Article 127 The salary of staff in the public social assistance system is made appropriate Framework Law no. 284/2010 on the unitary pay of personnel paid from public funds, as amended. + Chapter VII Social assistance financing + Article 128 Social assistance is financed from funds allocated from the state budget, from local budgets, from donations, sponsorships or from other contributions from natural or legal persons, from the country and abroad, from contributions of beneficiaries, as well as from other sources, in compliance with the relevant legislation and within the limits of available financial resources. + Section 1 Financing of social assistance benefits + Article 129 (1) The benefits of social assistance shall be financed from funds allocated from the state budget or/and from local budgets, according to the provisions of this law. (2) The following elements shall be taken into account in the annual basis of the amounts necessary to ensure the payment of social assistance benefits: a) the number of beneficiaries registered in the previous year; b) estimation of the number of beneficiaries for the budget year according to economic, demographic and social developments, as well as of registered macroeconomic indicators; c) the nominal amount or, where applicable, the average amount of the social assistance benefit. (3) The budgetary foundation and the social assistance benefits to be granted, approved under the law, shall be taken into account on the basis of the elements provided in par. ((2) lit. b) and c). + Article 130 (1) The funds necessary for the printing of the application forms shall be ensured from the budget of the administrative-territorial units. (2) For the request of rights, the Ministry of Labour, Family and Social Protection, the institutions provided in art. 107 107 para. (1), as well as the local public administration authorities have the obligation to post on their own websites the printable format of the application forms. ((3) The funds necessary for the expenditure on the transmission of rights shall be ensured from the budgets from which the social assistance benefit is paid, without affecting its amount. + Article 131 The government and every authorising officer, authority of the central or local public administration, in the development of social strategies and policies at national or local level must ensure that they are consistent with the principles fiscal responsibility, fiscal rules, as well as with the objectives and limits of the fiscal-budgetary strategy Fiscal responsibility law no. 69/2010 . + Section 2 Social services funding + Article 132 Social services shall be financed from the following sources a) the state budget; b) the local budget of the county, respectively of Bucharest; c) local budgets of communes, cities and municipalities, respectively local budgets of the sectors of Bucharest; d) donations, sponsorships or other contributions from natural or legal persons in the country and abroad; e) reimbursable and non-reimbursable external funds; f) the contribution of beneficiary persons; g) other sources of financing, in accordance with the legislation in force. + Article 133 (1) Funds shall be allocated from the state budget for: a) the financing of programs of national interest, elaborated by the Ministry of Labour, Family and Social Protection, as well as other central public administration authorities with attributions in the field of social services and approved by decision of Government; b) financing of programs for subsidizing private providers of social services, carried out by the Ministry of Labour, Family and Social Protection; c) financing the establishment of pilot social assistance institutions; d) financing of social services provided through public structures under the coordination of central public administration authorities; e) financing of social services granted by local public administration authorities and other public and private providers of social services, under the law; f) funding of permanent education programs of specialized personnel and research programs in the field of social services; g) investment expenses and capital repairs for day and residential centers, under the law; h) co-financing of social services, based on memoranda, protocols, partnership conventions, concluded according to the law. (2) For the expenses provided in par. ((1) lit. g), which is borne from the state budget through the budget of the Ministry of Labor, Family and Social Protection, the procedure for granting the amounts with this destination is determined by Government decision. + Article 134 (1) The allocation of funds from the state budget to support the functioning of social services organized at the level of administrative-territorial units is carried out on the basis of the foundations transmitted by the local public administration authorities. (2) The foundation of the amounts requested from the state budget by the local public administration authorities shall be based on the standard costs in force for the social services administered, contracted or subsidized under the law, as well as on the basis of estimation of the costs necessary for the operation of the start-up services (3) The cost standards for social services are approved by Government decision, at the proposal of the Ministry of Labour, Family and Social Protection. The standard annual/beneficiary/type of service cost can be indexed with the rate of inflation and revises whenever needed. (4) The substantiated amounts are allocated from some state budget revenues for the financing of social services, under the conditions of par. (2), and shall be carried out in the following priorities: a) social services addressed to the child separated from parents requiring special protection; b) social services addressed to persons with disabilities, depending on the type of services; c) services for the child and family, as well as for elderly people, depending on the type of services; d) social services to homeless and people at risk of social exclusion, depending on the type of services. (5) The level of amounts granted under par. (4) is established by special laws, by types of services. + Article 135 (1) The local budgets of the counties shall be allocated funds for: a) financing of social services under their own administration, contracted or subsidized under the law, or co-financed under partnership contracts; b) financing or co-financing the establishment, organization and functioning of new social services; c) co-financing of social services operating in rural areas and in disadvantaged localities, on the basis of partnership contracts concluded biannually; d) the financing of the operating expenses of the evaluation commissions and the complex evaluation services, provided by law, until the entry into force of the new evaluation system provided for in art. 110 110; e) the financing or, as the case may be, the co-financing in partnership with the local public administration authorities of the expenses necessary for the continuous training of the personnel with attributions in the field of social services f) financing and co-financing in partnership with local public administration authorities of community awareness actions on social needs and risks in the county; g) co-financing of projects supported by structural funds and other international funds for projects in the field of social services; h) financing of subsidies for social services granted by private providers; i) other financing or co-financing provided by law. (2) The county council shall ensure from its own budget the amounts in addition to those allocated from the state budget. + Article 136 (1) From the local budgets of communes, cities and municipalities, respectively from the local budgets of the sectors of Bucharest, funds are allocated for: a) financing of social services under their own administration, contracted or subsidized under the law, or co-financed under partnership contracts; b) financing or co-financing the establishment, organization and functioning of new social services; c) financing or, as the case may be, co-financing in partnership with the county council of expenses necessary for the continuous training of personnel with attributions in the field of social services and working at the d) financing and co-financing in partnership with the county council of public awareness actions on social needs and risks at the community level; e) co-financing of projects supported by structural funds and other international funds for projects in the field of social services; f) other financing or co-financing provided by law. (2) The local public administration authorities have the obligation to ensure the amounts from their own budgets and other extra-budgetary incomes, in addition to those allocated from the state budget. + Article 137 (1) Medical services provided to beneficiaries of social services in residential and day care centers shall be financed from the budget of the National Single Health Insurance Fund, under the law and in accordance with the provisions of Framework contract on the conditions for the provision of health care in the health insurance system. (2) Public and private providers who provide care services in residential centers and, as the case may be, in day care centers ensure, from their own funds, usual medicines granted without a prescription, sanitary materials and necessary equipment the care of the assisted person, who are not financed from the Single National Health Insurance Fund or through the programs of the Ministry of Health. + Article 138 (1) For the financing of social services, incomes obtained from sponsorships and donations in money or in kind, granted by natural and legal persons, Romanian and foreign, to service providers may be used. (2) Social services can be financed by international funds, established by the memoranda or funding protocols concluded by the Romanian state with donors, as well as from the structural funds for the projects selected under the programs regional operational. (3) Depending on the income, the beneficiary persons contribute to the financing of social services, according to the law. (4) Social service providers may develop gainful activities only for the self-financing of social services granted, except for economic operators referred to in art. 37 37 para. ((3) lit. e). (5) The incomes obtained from the activities provided in par. (4) is also used for the modernization, redevelopment and renovation of the centers under administration. + Article 139 (1) Associations and foundations, as well as the cults recognized by the law, as private social service providers, can receive subsidies allocated from the state budget and from the county budgets/local budgets of the municipality sectors Bucharest, as a form of support in order to establish, develop, diversify and ensure the continuity of social services granted by them. (2) The subsidisation of private providers from public funds is regulated by special law. + Section 3 Contracting social services + Article 140 (1) The contracting from public funds of social services offered by private providers envisages the achievement of the following objectives approved by national and local strategies in the field: a) promotion of public-private partnership; b) development and diversification of social services of local interest; c) construction of a national social service network; d) ensuring the stability and continuity of functioning of social services; e) ensuring quality of social services; f) community involvement in the identification, prevention and resolution of social problems; g) ensuring access, on non-discriminatory criteria, of private and public providers of social services to public funds; h) respect of the right of the beneficiary to the free choice of the social service provider; i) optimisation of the results obtained from social services; j) performance in administration of social services. ((2) The financing of social services is under the responsibility of local public administration authorities, which, based on the annual action plans provided for in art. 112 112 para. ((3) lit. b), performs the following: a) establish the types of social services necessary for the community b) inventory existing social services; c) assess their effectiveness and effectiveness; d) identifies the need for new social services. (3) For contracting the provision of social services, local public administration authorities shall draw up and publish annually the list of social services they will contract with public and private providers of social services. (4) Local public administration authorities in collaboration with public and private providers shall develop the criteria that substantiate the types of social services to be contracted. + Article 141 (1) Local public administration authorities, hereinafter referred to as contracting authorities, shall, with public and private providers, contract social services organized and defined according to the Nomenclature of social services. The types of contracts shall be established by the contracting authorities, under the law. (2) The contracting authorities are required to provide in their own budgets the funds necessary to finance the social services provided for in the annual action plans. (3) Financing from public funds, provided in par. (1), social services provided by public and private providers of social services are carried out on the principles of competition, efficiency and transparency and are subject to public procurement legislation. + Article 142 (1) Private social service providers, contracting authorities and other natural or legal persons who finance social services may request the independent evaluation of financing contracts for the provision of social services, by the start of social audit procedures. (2) The social audit shall be carried out by the social auditor and shall mainly consider the following aspects: a) verification of plans and procedures established by social service providers for funded services; b) assessing the efficiency and effectiveness of contracted social services; c) verifying the accuracy of the information d) recommendation for operational improvements. (3) The social auditor is the person who has the qualification and who is mandated by the entities referred to in par. (1) to carry out the components of an audit. The social auditor is not invested with any control or sanction power. (4) The social audit activity as well as the status of the social auditor shall be established by law. + Chapter VIII Transitional and final provisions + Article 143 (1) Administrative acts issued by central and local public authorities on the granting of social assistance benefits and the provision of social services may be appealed on the way of administrative litigation, based on the conditions laid down by Law of Administrative Litigation no. 554/2004 , with subsequent amendments and completions. (2) If the beneficiary of the social service considers himself wronged by the way of providing social services, as established in accordance with the terms of the contract for the provision of social services, powers to resolve disputes in relation to the granting of social services. ((3) Applications to the administrative court or any other court for the settlement of disputes in connection with the right or with the granting of social assistance measures shall be resolved expeditiously. + Article 144 The actions, remedies and procedural acts in connection with the settlement of disputes having as object rights or obligations provided for by this law are exempt from stamp duty. + Article 145 The staff involved in the granting of social services respond, under the law, disciplinary, patrimonial, contravention or criminal, as the case may be. + Article 146 (1) On the date of entry into force of this Law, it is repealed a) Law no. 47/2006 on the national social assistance system, published in the Official Gazette of Romania, Part I, no. 239 239 of 16 March 2006; b) Government Emergency Ordinance no. 118/1999 on the establishment and use of the National Solidarity Fund, published in the Official Gazette of Romania, Part I, no. 312 of 30 June 1999, approved with amendments and additions by Law no. 366/2001 ,, as amended. (2) From the date of entry into force of this Law, but no later than December 31, 2011, the Ministry of Labour, Family and Social Protection shall make appropriate amendments and completions to the normative acts in force in the field of assistance social and elaborates the special laws provided by this law. (3) Until the adoption of the amendments and completions provided in par. (2), the normative acts in force on the date of entry into force of this Law will continue to apply. 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
ROBERTA ALMA ANASTASE
SENATE PRESIDENT
MIRCEA-DAN GEOANA
Bucharest, 20 December 2011. No. 292. -----