Teen Social Inclusion National Institute. Decentralized Service. Creation

Original Language Title: Instituto Nacional Inclusion Social Adolescente. Servicio Descentralizado. Creacion

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Read the untranslated law here: https://parlamento.gub.uy/documentosyleyes/leyes/ley/19367

Institute national of INCLUSION SOCIAL teen creation as service decentralized the Senate and the camera of representatives of the Republic East of the Uruguay, gathered in Assembly General, DECREED: chapter I nature legal, status and address article 1 °. (Creation, name, nature, status and domicile)-created the National Institute of adolescent Social Inclusion as a decentralized service which shall deal with the Executive branch through the Ministry of Social development. This service decentralized replaced to the organ decentralized of the Institute of the child and adolescent of the Uruguay (INAU), called system of responsibility criminal teen (SIRPA), created in the framework of the law Nº 18.771, of 1 ° of July of 2011, a time designated them members of the directory. The National Institute of adolescent Social Inclusion is legal person with legal residence in Montevideo, without prejudice to the dependencies installed or to be installed in the entire territory of the country. Article 2º. (Objective).-the Institute national of Inclusion Social teen will have as objective essential it inclusion social and community of them teenagers in conflict with the law criminal through a process psychosocial, educational e integral, that carries the recognition of its condition of subject of right. Chapter II of them committed major of the Institute national DE INCLUSION SOCIAL teen article 3 °. ((Committed).-the National Institute of Social Inclusion teenager will have the following tasks in addition to those expressly allocated by other laws: to) promote a safe environment in which respect and authority are present so that the ties of reliability can be repaired.

(B) promote linkages and relationships that adolescent attain keep in their situation of deprivation of freedom with his family or people nearby that can mean a bra for the process within the National Institute of adolescent Social Inclusion and for the rear exit.

(C) coordinate and articulate with other bodies and specialized institutions, public or private, matching activities related to its competence.

(D) implement the educational measures and precautionary them arranged for Justice on the basis of article 78 of the law No. 17.823, of 7 September 2004 (code on children and adolescents), in the relevant.

E) run the security measures arranged by the justice under cover of the literal F) of article 2 of the law No. 15.977, of 14 September 1988.

(F) report to the teenage of the operation institutional, its rights and duties, as well as the regime internal of the Center where is is complying with the measure imposed.

(G) report to the judge competent on the form in that is meet them measures and the evolution of the teen, having always present the interest top of the same. All the tasks and powers of the Institute shall be met taking into account the best interests of the adolescent and in strict compliance with national and international regulations on the subject, what is expressed in the recognition, respect and guarantee of their rights. Article 4 °. ((Programs)-to them effects of ensure the compliance of their objectives and committed, is structured at least them following programs: to) income, diagnosis and referral.

(B) education, which are held through the sport, recreation, education formal and not formal.

(C) technical psychosocial.

(D) inclusion social and community.

(E) security and transfer.

(F) Instrumentation, monitoring and evaluation of measures alternative to the deprivation of liberty.

(G) implementation, monitoring and evaluation of curative measures.

(H) Instrumentation, monitoring and evaluation of measures deprivation of freedom.   Chapter III of the guidance and administration article 5. (Directory)-the direction and administration of the National Institute of Social Inclusion will be headed by a Board composed of a President and two directors appointed by the Executive Branch, in accordance with article 187 of the Constitution of the Republic. To be appointed will be required citizenship natural or legal with at least five years, to be thirty years of age met and proven knowledge and experience in the tasks of the present law. 6 article. (Atribuciones deel Directorio).-for the fulfilment of the tasks of the National Institute of Social Inclusion, the directory will have the following responsibilities: to) approve the internal organisation of the service.

(B) exercise direction, manage their assets and resources.

(C) project on your budget, which will be presented to the Executive Branch for the purposes provided in article 220 of the Constitution of the Republic.

(D) be primary computer costs and investments within the limits of budgetary allocations.

(E) to accept inheritances, bequests and donations instituted for their benefit.

(F) tax and sell its real estate and furniture, requiring the unanimity of its members.

(G) project the General Regulation of the service, submitting it for consideration to the Executive for approval.

(H) celebrate agreements with entities public or private, national, departmental or local. You can also conclude agreements with international bodies, institutions or foreign Governments, without prejudice to the limitations contendidas in the final subparagraph of article 185 of the Constitution of the Republic.

I) subscribe with other public institutions or private commitments to concerted management, avoiding the overlap of services and insufficient utilization of human and material resources.

(J) monitor, monitor, evaluate and control the quality of them services own and contracted, dictating them regulations necessary for the compliance of them purposes of the service.

(K) in other organs or officials of the National Institute of Social Inclusion, by resolution founded with responsibility, delegate its powers as it deems appropriate, in order to achieve more consistent, effectiveness and efficiency in the service.

(L) propose to the power Executive the designations, promotions, lay-offs and dismissals of their officials.

(M) exercise disciplinary authority above all staff of the National Institute of Social Inclusion.

(N) to spread at all levels and by all possible means, the tasks and activities of the service in charge.

(O) hire temporary staff to 20% of its workforce in order to meet the needs for vacancies in their services, who shall present the following call of income in competition. The General accounting of the nation will enable the necessary funds to meet their remuneration; transferring them economies corresponding to those positions vacant that den place to such recruitment.

(P) celebrate contracts to term for the lease of a service or work determined, when the service so it requires. Who, accordingly, provide services or carry out works, will be not of the quality of public servants.

(Q) disseminate and promote at all levels of service, compliance with national and international regulations in the area of adolescents in conflict with the law.

(R) approve the projects presented by the different centres of implementing measures, controlling compliance with them. 7 article. (Regime of sessions and quorums).-the Board of Directors will establish the regime of ordinary sessions, which may not be less than two monthly meetings, notwithstanding the extraordinary that may be convened by the President or two of its members according to regulations that are established. The body will be held and will solve for most simple of present. In case of draw the vote of the President shall be computed as double. Article 8. (Liability personal and solidarity of them directors)-without prejudice of it willing by the article 24 of the Constitution of the Republic, them members of the directory are personal and jointly and severally responsible of them resolutions voted in opposition to the Constitution, to them laws or to them regulations. For such purposes, the directory sent monthly to the Executive power, testimony of the minutes of its deliberations and copies of its resolutions. They are exempt from this responsibility: to) the absent to the session in which the resolution was adopted and that have not been present when it approved the minutes of such meeting.

(B) those who have made record on record his dissent with the resolution adopted and the basis that motivated him. When this order of constancy is produce, the President of the directory will be obliged to give has of the made to the power Executive within them twenty-four hours, sending you testimony of the Act respective. 9 article. (President of the directory).-the President will be the responsible of run and give compliance to them resolutions of the directory, and must respond to the same by the performance of their functions, without prejudice of it established in the article earlier. They are roles and responsibilities thereof, among others: to) represent the National Institute of Social Inclusion.

(B) preside over the sessions of the Board.

(C) take urgent action when necessary, giving account to the Board at its next session, being in this ruling.

(D) signing, together with another Board member or officer designated by this body, all acts and contracts in which intervene the National Institute of Social Inclusion. Article 10. (Temporary vacancy).-in cases of temporary vacancy of the post of Chairman of the Board, shall exercise their functions according to the date of designation oldest Director. In the case of equality in ancient times, will be considered the order of priority established in the resolution of designation. Article 11. (Remuneration of the members of the Board)-the members of the Board of the National Institute of Social Inclusion will have identical remuneration that the current members of the Executive Committee of the SIRPA. It shall apply to the National Institute of adolescent Social Inclusion provisions of article 289 of the law Nº 18.172, on August 31, 2007. Chapter IV of the honorary National Advisory Board article 12. (Integration and operation)-there will be an honorary National Advisory Council composed of: a member of the Board of the National Institute of Social Inclusion teenager who will chair it; a representative of the National Association of non governmental organizations (ANONG); a representative of the INAU; one representative of each of the following ministries: health, Social development, labour and Social Security, education and culture; a representative of the National Secretariat of sport; a representative of the Secretariat of rights human of the Presidency of the Republic; a representative of the Association of magistrates of the Uruguay and a representative of the Association of prosecutors of the Uruguay. The Council honorary National Advisory will be held as minimum three times to the year with the President and the half more one of their members and agreed their recommendations by most simple of present. Article 13. ((Competition of the Council honorary National Advisory).-the Council honorary National Advisory will have them following powers: to) promote the coordination, integration and integrality of them political sectoral of attention to it adolescence in conflict with the law.

(B) propose them initiatives that deems appropriate and cooperate in the obtaining of all them improvements that contribute to the compliance of the purposes of the service.

(C) to issue non-binding advice, recommendations and assessments, which will be sent to the Board of the Agency.   Chapter V article 14 human resources. (Personal)-the Institute national of Inclusion Social teenager will have the staff that set the power Executive. Income of staff in any category shall be governed by the General rules of the Statute of the public official, without prejudice to special rules that are handed down in accordance with the nature of its tasks (literal E) of article 59 of the Constitution). Within them cent fifty days, counted from the force of the present law, the power Executive will define the personal that will belong to the Institute that is creates, from of his separation with the Institute of the child and teen of the Uruguay. Designations of personnel of the preceding subsection shall be in strict attention to the profile appropriate to the objectives and tasks of the present law, and according to the position and task to perform at the Institute. Article 15. (Specialization and requirements).-without prejudice of them requirements General of income to the function public expected in the Statute of the official public, them aspiring to occupy charges professional, technical, specialized, teaching, administrative and auxiliary of service, must accredit them skills specific for training professional and experience in the performance of the charge. He performance professional and the balance psychophysical of the personal in attention direct of them and them adolescent is evaluated annually as requirement inescapable. Promote the formation and ongoing training of staff. In case of entry of personnel to the National Institute of Social Inclusion will require the presentation of the certificate of criminal records. Article 16. (Regime of total dedication)-charges of principals and vice-principals from national programmes or regional directors, as well as direct care centers managers and directors of administrative, professional and technical divisions, will be charge of total dedication, understanding them the regime established in article 158 of the law Nº 12.803, of 30 November 1960. Chapter VI heritage, resources and budget article 17. (Heritage).-the heritage of the Institute national of Inclusion Social teen will be constituted by all them goods and rights whose holder outside the INAU and are assigned to the provision of them services to charge of the SIRPA to it date of validity of the present law, as well as which in the future purchase or receive to any title. The transfer of the domain in favor of the Institute national of Inclusion Social teenager of the goods of the INAU will operate of full right. The Executive power shall determine by resolution recordable real estate and furniture goods covered by this transfer and public records will proceed to registration with the single submission of notarial testimony of this resolution. Article 18. ((Resources).-the National Institute of Social Inclusion will have to operate from the following resources: A) the items assigned to it by the standards of a budgetary nature or other legal provisions.

(B) those fruits natural and civilians of their goods.

(C) all of the proventos of its dependencies.

(D) the donations, inheritances and legacies that receive. Article 19. (Destination of them resources)-them sums that perceived the Institute national of Inclusion Social teen will be intended to meet the expenses of the service. Balances not executed at the end of each fiscal year's appropriations approved by budget laws for expenses and investments, will be added to the credits of the following year, whenever the transposed amount does not exceed twenty per cent (20%) of the original credit. Article 20. (Transient)-while he is not approved the first budget for the National Institute of Social Inclusion, will continue to govern which have been assigned to the SIRPA. The deficit that could originate in this period will be attended by general revenue. Article 21. (Excedentes y déficit operativos).-operating surpluses may, in accordance with the rules of article 220 of the Constitution and laws consistent, be a: A) investment financing.

(B) special reserve with destination to cover future deficits.

(C) be transferred to the central Government.

  The operating deficits will be covered: to) by surpluses accumulated previously.

(B) for appropriations covering the body.

(C) by transfers from the central Government approved by law. Article 22. (Tax waiver).-the National Institute of Social Inclusion is exonerated of all national tax. Chapter VII provisions transitional article 23. (From the new authorities).-La Commission delegate on the directory of the Institute of the child and adolescent of Uruguay (INAU), shall cease its functions when they are designated authorities of the Board of the National Institute of Social Inclusion. Article 24. (Regulation General of the service).-the directory of the Institute national of Inclusion Social teenager be screened within the term of 90 days of its installation the regulation General of the service, submitting it to consideration of the power Executive for its approval. Until no adoption of a General Regulation of the service, be governed by the applicable general rules, insofar as it is consistent to the precepts of this law. Article 25. (Interpretation and repeal).-any normative reference to the subject matter regulated by this law, or the SIRPA shall be made to the National Institute of Social Inclusion.     Hall of sessions of the Chamber of senators, in Montevideo, to 22 December of 2015. LUCÍA TOPOLANSKY, President.

Montevideo, 31 of December of 2015. Implemented, accuse is receive, communicate is, publish are e insert is in the record national of laws and decrees, the law by which is creates the Institute national of Inclusion Social teen as service decentralized. TABARÉ VÁZQUEZ.