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Law No. 197 1 November 2012 On Quality Assurance In Social Services

Original Language Title:  LEGE nr. 197 din 1 noiembrie 2012 privind asigurarea calităţii în domeniul serviciilor sociale

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LEGE no. 197 of 1 November 2012 (* updated *) on quality assurance in social services ((updated on 1 January 2016 *)
ISSUER PARLIAMENT




---------- The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 (1) The present law regulates the evaluation, certification, monitoring and control process for quality assurance in the field of social services. (2) The provisions of this law apply to all social services, as well as to social, public and private service providers, which operate on the territory of Romania, hereinafter referred to as suppliers. (3) Social services constitute a component of the national social assistance system and aim to support vulnerable people in overcoming situations of difficulty, preventing and combating the risk of social exclusion, increasing quality of life and promoting their social inclusion. (4) The Ministry of Labour, Family, Social Protection and Elderly is responsible for the organization, coordination, implementation of the process on quality assurance in the field of social services, as well as the Domain. + Article 2 ((1) Quality in the field of social services is the set of requirements and conditions that are met by suppliers and social services provided by them to meet the needs and expectations of beneficiaries. (2) Quality in the field of social services is a permanent concern for suppliers, social service staff and public authorities. + Article 3 (1) The evaluation and monitoring of quality in the field of social services is based on standards, criteria and indicators. (2) In developing the standards, criteria and indicators referred to in par. (1) The principles of quality in the field of social services, focusing, in particular, on matters relating to: a) social services: ensuring, without any discrimination, effective, accessible, comprehensive, sustainable social services, centred on the individual needs of the beneficiary; b) the relationship between suppliers and their beneficiaries: the use of correct, transparent and accessible means of information and communication, ensuring the confidentiality and security of personal data and information, the use of mechanisms of prevention and control of the risk of physical, psychological or financial abuse of the beneficiary; c) participation of beneficiaries: active involvement of beneficiaries and their families in the planning, granting and evaluation of social services; d) the relationship between suppliers and public administration authorities, social partners and other civil society representatives at the community level: effective coordination between the public and private sectors, encouraging partnerships for ensuring the sustainability and continuity of social services, promoting the development of social proximity/community services and their integration with health, education and other services of general interest; e) the development of human resources involved in the provision of social services and improvement of working conditions: recruitment of qualified personnel and ensuring its continuous training, involvement of volunteers, ensuring working conditions appropriate and equipment specific to the activities carried out, health and safety at work. (3) Standards, criteria and indicators, elaborated in compliance with the provisions of par. (2), contain elements of a general nature, as well as specific elements, depending on the type of social services and categories of beneficiaries. + Article 4 (1) Quality assurance in the field of social services is centered on the beneficiary, addressing the needs and respecting its rights being the priority. (2) Within the meaning of the present law, the following terms and expressions have the following meanings: a) quality assurance includes the totality of development, planning, implementation and permanent improvement of activities related to social services and involves a continuous process of analysis, evaluation, certification, monitoring and control by state authorities and social service providers; b) the quality assessment consists in the analysis of the way in which the social providers and services meet the requirements of the law, as well as the specific quality requirements, highlighted by a set of standards, criteria and indicators; c) quality monitoring includes the activities of collecting and recording data on the results of the evaluation, tracking them in order to verify the maintenance of the quality level found and the satisfaction of the beneficiaries, as well as for the undertaking of continuous improvement of social services; d) quality assurance control in the field of social services includes activities and operational techniques, planned and carried out systematically, in order to verify compliance with the standards, criteria and indicators accreditation of suppliers and social services and recognition of quality levels; e) accreditation, as part of quality assurance, represents the totality of the evaluation and certification activities of compliance with the regulated criteria and standards; f) accredited social service provider is the supplier, defined at art. 37 of the Social Assistance Law no. 292/2011 , to which the right to grant social services is recognised; g) accredited social service is the service, defined at art. 27 27 para. ((1) of Law no. 292/2011 , to which the right to operate is conferred; h) quality standards in the field of social services are a set of rules that contain measurable criteria of structure, process and results, on the basis of which the level of quality of the social service is established. + Article 5 (1) In the field of social services, both providers and social services are accredited, under the conditions of this law. ((2) The accreditation of suppliers shall be carried out on the basis of the specific criteria, hereinafter referred to as criteria, which are the basic requirements for their ability to set up, manage and provide social services. Compliance with the criteria is attested by accreditation certificate. ((3) The accreditation of social services is based on the minimum quality standards, which represent the minimum requirements regarding the effectiveness and efficiency of the activities carried out in relation to the beneficiaries ' needs, the assumed objectives, the results expected. The minimum quality standards, hereinafter referred to as minimum standards, constitute the reference level of the quality of social services and their fulfilment is mandatory and attested by the operating licence. + Article 6 (1) The quality level of social services is assessed on the basis of performance indicators, starting from the reference level, represented by the minimum standards defined in art. 5 5 para. ((3), corresponding to the third grade, up to Class I, which represents the highest level of quality and stands out by framing in quality classes. (2) The quality levels shall be attested by a distinctive logo corresponding to each of the 3 classes provided in par. ((1). ((3) The inclusion in quality classes II-I attest to the degree of excellence of the social service and is optional. + Article 7 The purpose of this law is to contribute to: a) respect for the rights of social service beneficiaries b) ensuring, maintaining and permanently improving the quality of social services; c) the promotion of best practices, performance and competition between suppliers; d) facilitating the access of beneficiaries to quality social services; e) ensuring equal and non-discriminatory treatment of beneficiaries; f) ensuring efficient management of public funds as well as human and material resources; g) compliance with the principle of transparency regarding the quality of + Chapter II Accreditation of social service providers + Article 8 ((1) Providers may grant social services only if they hold a certificate of accreditation. (2) Social services may operate on the territory of Romania only if they hold a license. (3) Providers and social services, accredited under the conditions of this Law, shall be registered in the system of social services, provided for in art. 43 43 para. ((2) of Law no. 292/2011 , called the Single Electronic Register of Social Services. + Article 9 (1) The criteria and minimum standards underlying the accreditation of suppliers and social services granted by them shall be approved by order of the Minister of Labour, Family, Social Protection and Elderly and, as the case may be, of the central public administration authorities which have powers to regulate and/or organise certain types of social services. (. The criteria used for the accreditation of suppliers shall, in particular, concern the following: a) identification data on the supplier; b) information on knowledge in the management of social services; c) conditions laid down by Law no. 292/2011 , mandatory for the establishment, administration, operation and financing of social services. (3) The minimum standards used for the accreditation of social services are mainly in view of the following aspects: a) the purpose of social services and the specific activities of b) the basic needs of the beneficiaries; c) quality of life and safety of beneficiaries d) quality of management and competence of specialized personnel; e) compliance with economic and financial discipline. (4) For the assessment, for the accreditation of the supplier and of the social service, the supporting documents, the self-assessment sheet and the field evaluation visits shall be requested, as appropriate. (5) The self-assessment sheet provided in par. ((4) is a standard form in which the applicant for the accreditation of the data and his estimated score on the degree of fulfilment of the minimum standards are registered by the applicant. + Article 10 (1) Accreditation of the supplier involves the following steps: a) the evaluation of the supplier on the basis of the criteria 5 5 para. ((2); b) approval or rejection of the supplier's request for accreditation; c) issue of the accreditation certificate or, as the case may be, the notification of rejection of the accreditation request; d) registration of the accredited provider in the single electronic register of social services, constituted and administered, according to the law, by the Ministry of Labour, Family, Social Protection and Elderly. (2) The assessment of the supplier shall consist in verifying the fulfilment of the criteria, ((3) The accreditation of the supplier shall be carried out at its request and only if, at the time of application, it has established social services or undertakes that, within a maximum of 3 years from the date of obtaining the accreditation certificate, it will establish and provides social services. (4) The accredited supplier has the obligation to inform the Ministry of Labor, Family, Social Protection and Elderly on any changes regarding the data entered in the supporting documents provided in par. ((2). Failure to fulfil this obligation may lead to the withdrawal of accreditation. (5) The accreditation certificate shall be granted for an indefinite period. (6) If, in the first 3 years from the date of issue of the accreditation certificate, the supplier did not set up social services or any of the social services established by it did not receive the operating license, accreditation the supplier is withdrawn ex officio and it is removed from the single electronic register of social services. (7) From the date of withdrawal of accreditation, the supplier may submit a new request for accreditation only after a minimum period of 2 years. + Article 11 ((1) Accreditation of the social service involves the following steps: a) evaluation of the social service based on the minimum standards defined in art 5 5 para. ((3); b) approval or rejection of the request for accreditation of social service; c) issuance of the provisional operating license/operating license or, as the case may be, the notification of rejection of the accreditation request; d) the registration of the social service accredited in the Single Electronic Register of social services. (2) In order to request the accreditation of social services, the supplier must have a mandatory accreditation certificate as a social service provider, granted under the conditions of art. 10. ((3) The accreditation of social services shall be defined and carried out according to the following situations: a) the initial accreditation, in the case of social services that request for the first time the accreditation or of those who request accreditation after its withdrawal; b) reaccreditation, in the case of social services to which the accreditation period expires. ((4) The accreditation of social services is carried out at the request of the supplier, for each social service. The supplier has the obligation to request the accreditation/reaccreditation of the respective social service 60 days before the commissioning of the social service/expiration of the operating license. (5) The initial accreditation of the social service involves: a) the verification of the supporting documents and the self-assessment sheet submitted by the supplier and the granting of the provisional operating licence for a maximum period of one year; the self-assessment sheet shall be filled with data in accordance with the reality of land; b) within the period referred to in lett. a) the field assessment is carried out and, if the minimum standards are found to be met, the operating licence shall be issued; c) in the event that, following the field evaluation, it is found that the minimum standards are 75% met, without prejudice to the life and safety of the beneficiary, it is proposed to maintain the provisional operating licence until the expiry of the one-year period, during which the supplier is required to take the necessary steps to fully meet the minimum standards; d) in a situation where, when assessing in the field, it is found that the minimum standards are not met according to the data recorded in the self-assessment sheet and the percentage provided in lett is not respected at least. c), contravention sanctions are applied, the provisional operating license is withdrawn and the deregistration of the respective social service from the Single Electronic Register of social services is operated. ((6) The reaccreditation of the social services to which the operating licence expires involves: a) the evaluation of the social service, based on the supporting documents submitted by the supplier and the field evaluation report, carried out within the framework of monitoring the compliance with the minimum standards; b) the issuance of the operating licence, only if the field assessment report confirms the full fulfilment of the minimum standards; c) in the event that issues concerning the failure to meet the minimum standards are retained in the field evaluation report, and these are not remedied within the time limits, the proposed measure may be the suspension of the functioning of the social service or, where applicable, the withdrawal of the operating licence, followed by the deletion of the service from the single electronic register of social services ((7) The registration of social services accredited in the Single Electronic Register of social services is carried out at the date of issuance of the provisional operating license and is completed with the data on the granting of the operating license (8) The operating licence shall be issued for a period of 5 years for all types of social services. (9) The period of granting of the provisional operating licence shall be included in the period of granting of the operating licence of the respective social service. (10) Within 30 days from the closure or abolition, by the decision of the supplier, of an accredited social service, it has the obligation to notify the Ministry of Labour, Family, Social Protection and Elderly of the decision taken, in to deregistrate the respective social service from the Single Electronic Register of Social Services + Article 12 The accreditation certificate as a social service provider and the license to operate the social service shall be printed in typified formats with distinctive identification marks. + Article 13 Procedure for accreditation of social providers and services, supporting documents requested, evaluation steps and related deadlines, model of self-assessment sheet, field assessment report, accreditation certificate and the operating license is approved by the methodological norms for the application of this law. + Chapter III Quality levels + Article 14 (1) Providers may request the evaluation of the quality of social services, for the purpose of classification in the quality classes provided in art. 6 6 para. ((3). (2) The assessment procedure for the establishment of quality levels and the classification of social services in the two classes above the reference level represented by the minimum standards shall cover the following steps: a) evaluation of social services based on performance indicators, hereinafter referred to as indicators; b) the establishment of quality levels for classification in the corresponding quality classes, on the basis of which the respective social service was accredited; c) the registration of quality classes in the single electronic register of social services. (3) The assessment for the classification of social services in quality classes is carried out at the request of the accredited supplier and consists in the verification of supporting documents and field evaluation. (4) With the establishment of the quality level, the right of the supplier to use the logo, provided in art. 6 6 para. ((2), corresponding to the quality class, both on all presentation and information documents related to the social service and on the building in which it operates. (5) The supplier has the obligation to notify any change that would cause the change in the class of quality granted in a lower class and to request the reassessment of the social service. ((6) Where, in the monitoring process or, where appropriate, the control actions, the social service is found to no longer meet the indicators which were the basis of the classification in one of the two quality classes higher than the reference level represented by the minimum standards, the classification in the class shall be reviewed and duly entered in the single electronic register of social services. (7) The supplier has the obligation to make public the classification in the quality classes, as well as to change the logo corresponding to the framing class, if it has changed. + Article 15 (1) The inclusion in quality classes of social services envisages only those social services for which detailed indicators can be developed for the establishment of several quality levels. (2) In the elaboration of the indicators, the provisions of art. 9 9 para. ((3), with reference to the reference level represented by the minimum quality standard. (3) The categories of social services and indicators on the basis of which their quality levels are assessed shall be approved by order of the Minister of Labour, Family, Social Protection and Elderly. + Article 16 Classification in quality classes of social services provided in art. 15 15 para. ((1) is a criterion for calculating the amount of the beneficiary's contribution provided for in art. 132 lit. f) of Law no. 292/2011 , depending on the degree of performance/excellence of the respective social service. + Article 17 For the field evaluation of social services in order to establish quality levels, suppliers shall ensure from their own budget the travel expenses of the staff provided for in art. 21 21 para. ((1) lit. b). + Article 18 The procedure for assessing the quality levels and the classification in the appropriate classes, the requested documents, the stages and the evaluation deadlines, the model of the logo related to the quality class is approved by the methodological norms for the application of this law. + Chapter IV Certification, evaluation, monitoring and quality control + Section 1 Quality certification for social services + Article 19 Within the framework of the quality certification process in the field of social services, the Ministry of Labour, Family, Social Protection and Elderly and the institutions subordinated to the National Authority for the Protection of Rights Child and Adoption, the National Authority for Persons with Disabilities, the Department for Gender Equality have the responsibility of organizing and carrying out standardisation and accreditation activities for the services. social in the fields of activity that they coordinate. ----------- Article 19 has been amended by section 6.6. 1 1 of art. I of ORDINANCE no. 27 27 of 19 August 2015 , published in MONITORUL OFFICIAL no. 642 642 of 24 August 2015. + Article 20 (1) The main activities in the field of standardisation are: a) the elaboration and publication of the procedures used in the accreditation process, the methodological instructions and guidelines, the informative materials; b) elaborating/reviewing the criteria, indicators and minimum standards underlying the accreditation of social providers and services, as well as for the recognition of their quality levels; c) permanent networking and collaboration with suppliers, public and private, in order to develop and revise criteria, minimum standards and indicators, as well as to facilitate communication and ensure transparency in the field. (2) The main activities in the field of accreditation are: a) analyzing the documentation provided by the law for the initial accreditation/reaccreditation of suppliers and social services, as well as the establishment of quality levels; b) preparation of accreditation/reaccreditation files, submitting for approval to the management of the Ministry of Labor, Family, Social Protection and Elderly of the proposal for granting the accreditation certificate for suppliers; ----------- Lit. b) a par. ((2) of art. 20 20 has been amended by section 4.2 2 2 of art. I of ORDINANCE no. 27 27 of 19 August 2015 , published in MONITORUL OFFICIAL no. 642 642 of 24 August 2015. b ^ 1) the preparation of accreditation/reaccreditation files of social services and submission, as the case may be, to the management of the Ministry of Labour, Family, Social Protection and Elderly, to the National Authority for the Protection of Children's Rights and Adoption, to the National Authority for Persons with Disabilities, to the Department for Gender Equality of the proposal for the granting of the operating license and the classification in quality classes for social services; ----------- Lit. b ^ 1) a par. ((2) of art. 20 20 was introduced by section 4.2. 3 3 of art. I of ORDINANCE no. 27 27 of 19 August 2015 , published in MONITORUL OFFICIAL no. 642 642 of 24 August 2015. c) drafting decisions, completing and issuing quality certification documents; d) permanent networking with suppliers in order to make the accreditation process more efficient, providing advice and methodological guidance; e) participation in the realization of the field evaluation for the quality classes of social services; f) the carrying out of monitoring activities of accredited social providers and services, as well as maintaining the quality levels of social services and the administration of the single electronic register of social services. ((3) Institutions subordinated to the Ministry of Labour, Family, Social Protection and Elderly, respectively the National Authority for the Protection of Children's Rights and Adoption, the National Authority for Persons with Disabilities, The Department for Equal Opportunities between Women and Men are required to transmit monthly nominal lists of licensed social services from the fields of activity they coordinate, along with the copy of operating licenses. provisional/operating licences issued for this purpose. ----------- Alin. ((3) of art. 20 20 has been introduced by section 4 4 of art. I of ORDINANCE no. 27 27 of 19 August 2015 , published in MONITORUL OFFICIAL no. 642 642 of 24 August 2015. + Article 21 (1) The field assessment activity, provided for by this law, shall be carried out as follows: a) by social inspectors, in the case of social services for which accreditation/reaccreditation is requested, according to art. 11 11 para. ((5) lit. b); b) by a team composed of social and personal inspectors with experience in the field of the Ministry of Labour, Family, Social Protection and Elderly, respectively of the National Authority for the Protection of the Rights of the Child and Adoption, to the National Authority for Persons with Disabilities, to the Department for Gender Equality, nominated for this purpose by order of the Minister of Labour, Family, Social Protection and Elderly, or, where appropriate, by decision of the management of the said institutions, depending on the specificity of social services for which quality classes are requested, according to art. 14 14 para. ((3). ----------- Alin. ((1) of art. 21 21 has been amended by section 5 5 of art. I of ORDINANCE no. 27 27 of 19 August 2015 , published in MONITORUL OFFICIAL no. 642 642 of 24 August 2015. ((2) The responsibility for the veracity of the data from the evaluation and monitoring reports on compliance with the accreditation conditions, as well as the recommendations made belongs to the persons who have prepared and signed them + Article 22 Decisions to grant/reject accreditation, those of classification in quality classes, as well as the accreditation certificate and the operating license are signed as follows: a) by the Minister of Labour, Family, Social Protection and Elderly or by the person designated by him, for all decisions granting/rejecting accreditation, as well as the accreditation certificate; b) by the head of the National Authority for the Protection of Child Rights and Adoption, the National Authority for Persons with Disabilities, the Department for Equal Opportunities between Women and Men, depending on the specifics social services, for decisions to grant/reject provisional operating licenses/operating licenses and those of employment in quality classes; c) by the Minister of Labour, Family, Social Protection and Elderly or by the person designated by him, for decisions to grant/reject the operating licence and those of employment in quality classes, in the case of services that does not fall under lit. b). ----------- Article 22 has been amended by section 6 6 of art. I of ORDINANCE no. 27 27 of 19 August 2015 , published in MONITORUL OFFICIAL no. 642 642 of 24 August 2015. + Section 2 Evaluation, monitoring and quality control in the field of social services + Article 23 As part of the quality assurance process in the field of social services, social inspectors have the following tasks: a) systematic verification, based on clear and transparent evaluation, monitoring and control procedures, compliance with the minimum criteria and standards that underpinned the accreditation of social providers and services, as well as indicators afferent to quality levels; b) the implementation of proposals for suspension or withdrawal of accreditation and application of sanctions provided for by this Law; c) carrying out thematic inspections in the process of monitoring quality assurance in the field of social services. + Article 24 (1) The main activities carried out by the social inspectors for the performance of the duties provided 23 23 are the following: a) the annual planning of the control and monitoring missions, in accordance with the deadlines provided for by this Law; b) to carry out, within the established deadlines, the monitoring and control actions, as well as those of assessment on compliance with the conditions of accreditation and of framing in quality classes; c) elaboration of evaluation, monitoring and control reports; d) the arrangement of measures to remedy the irregularities found, with precise deadlines and responsibilities; e) application of sanctions provided by law, in case of non-compliance with legal provisions in the field; f) proposal of suspension or withdrawal of accreditation, revision of the classification in quality classes; g) the application of the measures established by the decision to suspend or withdraw accreditation. (2) For each accredited social service, during the period for which the operating licence was granted, at least two inspection missions are planned, the reaccreditation of the social service being carried out on the basis of the monitoring of the most recent inspection mission. (3) Social inspectors may start control actions as a matter of urgency, upon referral to the Ministry of Labour, Family, Social Protection and Elderly, beneficiaries of social services or other interested natural or legal persons. + Article 25 In order to carry out the evaluation/monitoring tasks carried out by the social inspectors, the inspection teams shall be completed, as the case may be, with specialized personnel with tasks in carrying out the standardization and accreditation activities, Ministry of Labor, Family, Social Protection and Elderly, National Authority for the Protection of Child Rights and Adoption, National Authority for Persons with Disabilities or Department for Equal Opportunities between Women and Men, depending on the specifics of social services. ----------- Article 25 has been amended by section 6.6. 7 7 of art. I of ORDINANCE no. 27 27 of 19 August 2015 , published in MONITORUL OFFICIAL no. 642 642 of 24 August 2015. + Article 26 Evaluation, monitoring and control activities on compliance with accreditation criteria, minimum quality standards and indicators are carried out on the basis of standard guidelines, approved by order of the Minister of Labour, Family, Protection social and older people. + Section 3 Suspension and withdrawal of accreditation + Article 27 (1) The suspension of the accreditation of the social service is the prohibition of its operation for a fixed period of a maximum of 3 months and shall be ordered in a) non-compliance with the recommendations and deadlines established to remedy the irregularities found and recorded in the evaluation, monitoring and control reports on quality assurance of social services; b) non-acceptance of control or refusal of cooperation with the control bodies in its performance; c) at the express recommendation of other bodies with control powers in the field of public health, fire safety, health and safety at work. ((2) The withdrawal of the accreditation of the social service represents the prohibition of its operation and shall be ordered in the a) if the expiry of the period of suspension has not been remedied, the irregularities found which led to that measure; b) in the situation provided in art. 11 11 para. ((5) lit. d); c) if, due to the seriousness of the facts found, it is assessed that the fundamental rights of the beneficiaries are violated + Article 28 In the case of the supplier, the accreditation shall be withdrawn as follows: a) if the supplier no longer meets the criteria that were the basis for granting the accreditation certificate; b) in the situations provided in art. 10 10 para. ((4) and (6). + Article 29 Decisions on suspension or withdrawal of accreditation may be challenged according to Law of Administrative Litigation no. 554/2004 , with subsequent amendments and completions. + Chapter V Legal liability + Article 30 The granting of social services, as well as their functioning under conditions other than those provided by this law, attract civil, contravention or criminal liability, as the case may be. + Article 31 The following acts constitute contraventions and are sanctioned as follows: a) non-compliance with 8 8 para. (2), with a fine of 10,000 lei to 20,000 lei; b) non-compliance with 8 8 para. (1), with a fine of 5,000 lei to 10,000 lei; c) non-compliance with 11 11 para. ((5) lit. d), with a fine of 1,000 lei to 5,000 lei; d) non-compliance with the obligations provided 11 11 para. ((10) and art. 14 14 para. (5) and (7), with a fine of 500 lei per 1,000 lei; e) non-compliance with the obligations provided 10 10 para. ((4) and art. 11 11 para. (4), with a fine of 250 lei to 500 lei; f) non-compliance with the obligations provided 35 35 para. (1), with a fine of 200 lei to 400 lei. + Article 32 (1) The finding of contraventions and the application of sanctions provided in art. 31 31 is achieved as follows: a) for the contraventions provided in lett. a)-c), by the social inspectors; b) for the contraventions provided in lett. d)-f), by the staff responsible for the accreditation activity of the Ministry of Labour, Family, Social Protection and Elderly. (2) The amounts obtained from the application of the fines are constituted income to the state budget. (3) The limits of contravention fines can be updated with the inflation rate by Government decision, at the proposal of the Ministry of Labor, Family, Social Protection and Elderly. + Article 33 Art. 31 regarding the contraventions are completed with the provisions Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. + Chapter VI Transitional and final provisions + Article 34 Suppliers have the obligation to develop and apply their own procedures for the internal evaluation of compliance with the provisions of this law on insurance and improvement of the quality of social services under administration. + Article 35 (1) Providers accredited according to the Accreditation Methodology of Social Service Providers, approved by Government Decision no. 1.024/2004 for the approval of the methodological norms for the application of Government Ordinance no. 68/2003 on social services, as well as the Methodology for accreditation of social service providers, as amended, are required to submit their accreditation applications in order to issue the accreditation certificate as a service provider social and license to operate the services granted, within 12 months from the date of entry into force of this Law *). (2) For suppliers who fall under the situation referred to in par. (1), the evaluation for the accreditation of the provider and social services according to the provisions of this law is carried out until December 31, 2016 * *). (3) Until the date of issue, in compliance with the conditions provided in par. ((2), the accreditation certificate and the operating license, the validity period of the accreditation certificate issued according to the provisions Government Decision no. 1.024/2004 , as amended, shall be extended by law. (4) If, during the period provided in par. (3), it was found, by the social inspectors, the non-compliance by the social service provider with the existing quality standards for the social services for which it holds the accreditation certificate issued according to the provisions Government Decision no. 1.024/2004 , as amended, or the granting of social services under conditions that could lead to the violation of the rights of the beneficiary persons, its validity shall cease from right, on the basis of the proposal to withdraw the accreditation drawn up by social inspectors. ---------- Alin. ((4) of art. 35 35 has been introduced by section 3 3 of art. unique from LAW no. 66 66 of 1 April 2015 published in MONITORUL OFFICIAL no. 226 of 2 April 2015, which complements with art. 2 ORDINANCE no. 18 18 of 26 August 2014 published in MONITORUL OFFICIAL no. 630 630 of 28 August 2014. + Article 36 Art. 31, except lit. e), shall apply to the suppliers referred to in art. 35 only if the contravention acts are found after the date on which they were accredited under the conditions of this law. + Article 37 The Ministry of Labour, Family, Social Protection and Elderly shall develop by 1 November 2013: a) the methodological norms for the application of this law, which are approved by Government decision; b) the draft normative act of completion of Government Decision no. 10/2013 on the organization and functioning of the Ministry of Labour, Family, Social Protection and Elderly, as amended, with the attributions regarding the standardization and accreditation activities provided for in art. 20. ----------- Article 37 has been amended by art. I of EMERGENCY ORDINANCE no. 49 49 of 29 May 2013 , published in MONITORUL OFFICIAL no. 314 314 of 30 May 2013. + Article 38 This Law shall enter into force on 1 June 2013 *), with the exception of the provisions of art. 37, which takes effect within 3 days from the date of publication in the Official Gazette of Romania, Part I. ----------- Article 38 has been amended by art. 8 of EMERGENCY ORDINANCE no. 84 84 of 12 December 2012 , published in MONITORUL OFFICIAL no. 845 845 of 13 December 2012. + Article 39 The date of entry into force of this Law shall be repealed: a) art. 114 114-117 and art. 148 148 para. ((5) of Law no. 272/2004 on protection and promotion of children's rights, published in the Official Gazette of Romania, Part I, no. 557 of 23 June 2004, as amended; b) art. 51 51 para. ((6) of Law no. 448/2006 on protection and promotion of the rights of persons with disabilities, republished in the Official Gazette of Romania, Part I, no. 1 of 3 January 2008, with subsequent amendments and completions; c) art. 3 3 para. ((1) pt. 24 ^ 6 and 24 ^ 11 of Government Decision no. 11/2009 on the organization and functioning of the Ministry of Labour, Family and Social Protection, published in the Official Gazette of Romania, Part I, no. 41 of 23 January 2009, with subsequent amendments and completions; d) Government Decision no. 1.024/2004 for the approval of the methodological norms for the application of Government Ordinance no. 68/2003 on social services, as well as the Methodology for accreditation of social service providers, published in the Official Gazette of Romania, Part I, no. 682 of 29 July 2004, as amended; e) Government Decision no. 1.440/2004 on the conditions and procedure for the licensing and inspection of services to prevent the separation of the child from his family, as well as those of special protection of the child temporarily or permanently absent from the protection of his parents, published in Official Gazette of Romania, Part I, no. 873 of 24 September 2004, as amended; f) art. 11 11 para. ((6) and art. 47 47 para. (1)-(3) of Government Ordinance no. 68/2003 on social services, published in the Official Gazette of Romania, Part I, no. 619 of 30 August 2003, approved with amendments and additions by Law no. 515/2003 , with subsequent amendments and completions. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished.
CHAMBER OF DEPUTIES PRESIDENT
VALERIU STEFAN ZGONEA
SENATE PRESIDENT
GEORGE-CRIN LAURENȚIU ANTONESCU
Bucharest, November 1, 2012. No. 197. ------