Measures on the Administration of Child Welfare Establishments

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Promulgation Date: 2018-10-30
Title:Measures on the Administration of Child Welfare Establishments 
[Document Number]民政部令第63号
Expiration date: 
Promulgating Entities:Ministry of Civil Affairs
Source of text: http://www.mca.gov.cn/article/gk/fg/shsw/201811/20181100012652.shtml

Chapter I: General Provisions

Article 1: These Measures are drafted on the basis of the "General Provisions of the P.R.C. Civil Law" the "P.R.C. Law on Protection of Minors", and other relevant laws, so as to strengthen the management of child welfare establishments and preserve the lawful rights and interests of children.

Article 2: Child Welfare Establishments as used in these Measures refers to establishments set up by the Ministry of Civil Affairs that primarily take in and raise children under the age of 18 who have the Ministry of Civil Affairs acting as their guardian.

Child welfare establishments include child welfare institutions registered as public institution legal persons, and social welfare institutions that have children's departments.

Article 3: The Ministry of Civil Affairs under the State Council is responsible for guiding and overseeing the work of managing child welfare establishments.

The civil affairs departments of local people's governments at the county level or above are responsible for the work of managing child welfare establishments in the corresponding administrative region, and are to follow the relevant laws, regulations, and these Measures, to conduct oversight and inspections of child welfare establishments.

Article 4: Child welfare establishments shall persist in maximizing children's interests, lawfully safeguarding children's rights to life, development, protection, participation, and so on, to continuously raise the level of children's lives, medical care, rehabilitation, and education.

Child welfare establishments and their staffs must not discriminate, insult, or abuse children.

Article 5: The establishment of child welfare establishments shall be included in the citizen's economic and social development plans of local people's governments at the county level or above, and the establishment level shall correspond to the economic and social development of the area.

Article 6: Funds needed for child welfare establishments are to be assured by finance departments of local people's governments at the county level or above in accordance with provisions.

Article 7: Natural persons, legal persons, or other organizations are encouraged to participate in services related to child welfare establishments through donations, establishing public interest charitable programs, providing volunteer services, and other such methods.

Article 8: Commendations and rewards are to be given in accordance with relevant state provisions to Units and individuals that have outstanding performance in child welfare establishment services and management work.

Chapter II: Targets of Services

Article 9: Child welfare establishments shall take in and raise the following children:

(1) Children whose parents or other guardians cannot be determined;

(2) Children whose parents are dead or declared missing where there is no other person qualified to be a guardian in accordance with law;

(3) Children whose parents lack capacity for guardianship where there is no other person qualified to be a guardian in accordance with law;

(4) Children that people's courts have designated are to have the civil affairs departments serve as their guardian;

(5) Other children that the law provides are to have the civil affairs departments serve as their guardians.

Article 10: Where child welfare establishments take in and raise children provided for in article 9(1) of these measures, the following materials shall be registered and stored in these distinct situations:

(1) Where children are abandoned and their parents or other guardians cannot be ascertained, register and store the proof of receiving a report issued by the public security organs upon confirming that parents or other guardians could not be found through the relevant procedures, the announcement seeking lost relatives published by the child welfare establishments, the opinion of the civil affairs departments on receiving them, and other such materials.

(2) Where children are rescued from abduction and their parents or other guardians cannot be ascertained, register and store the temporary care notice issued by the public security organs when rescuing the child from abduction, the results of DNA comparisons, proof that the birth parents or other guardians could not be identified at this time, the announcement seeking lost relatives published by the child welfare establishments, the opinion of the civil affairs departments on receiving them, and other materials related to the child;

(3) Where Children are vagrants or beggars and their whose parents or other guardians still cannot be ascertained after 3 months, register and store the results of DNA comparisons issued by the public security organs, the announcement seeking lost relatives published by the child welfare establishments, the opinion of the civil affairs departments on receiving them, and other materials related to the child.

Article 11: Child welfare establishments taking in and raising children provided for in article 9(2) of these Measures shall register and store proofs or announcement of the child's parents' death, the judgment declaring them missing, issued by the village people's governments (community office) for the place of the child's household registration, as well as the report on their being no other persons with guardianship credentials, the comments of the civil affairs departments on receiving them, and other such materials.

Article 12: Child welfare establishments taking in and raising children provided for in article 9(3) of these Measures shall register and store reports that the parents lack guardianship capacity issued by the village people's governments (community office) for the place of the child's household registration, as well as the report on their being no other persons with guardianship credentials, the comments of the civil affairs departments on receiving them, and other such materials.

Where one parent is dead or missing, proofs or announcements of the parent's death, or judgments declaring their disaperance shall also be stored.

Article 13: Where child welfare establishments take in and raise children provided for in article 9(4) of these measures, the effective judgment from a people's court, the comments of receiving them from the civil affairs departments, and other such materials shall be registered and stored.

Article 14: Child welfare establishments may accept retention by children's aid and protection institutions to take in and raise children over whom the civil affairs departments have temporary guardianship responsibility. Child welfare establishments shall sign retention agreements with the children's aid and protection institutions.

Child welfare establishments shall accept persons under 16 years old who are in extreme poverty that need concentrated support.

Chapter III: Content of Services

Article 15: After child welfare establishments receive children, they shall promptly send them to medical establishments to conduct a physical examination and inspection for contagious diseases. Where there is truly no way to send them to a medical establishment, they shall first conduct care in isolation.

Article 16: Where child welfare establishments take in and raise children provided for in article 9(1) of these measures, they shall store items of the child that can identify them or that have sentimental value.

Article 17: Where child welfare establishments take in and raise children provided for in article 9 of these measures, they shall promptly go to the public security organs and apply for household registration.

Article 18: Child welfare establishments shall provide services such as routine care, basic medical care, basic rehabilitation services, in accordance with the "Basic Norms for child Welfare Establishments and other national and industry standards, and ensure that the children's right to receive education.

Article 19: Child welfare establishments shall establish living quarters, activity rooms, medicine rooms, isolation rooms, rehabilitation rooms, kitchens, dining rooms, duty rooms, restrooms, storerooms, and multi-functional areas, and allot equipment and facilities meeting child safety requirements.

Article 20: Child welfare establishments shall consider consider individual differences in children and organize experts to conduct assessments and formulate individualized support plans.

Article 21: Child welfare establishments shall provide life care services food, clothing, latrines, and baths.

Except for those with serious disabilities, child welfare establishments shall divide living quarters on the basis of sex for children over 6 years old. Female staff shall provide the life care services provided for in the preceding paragraph to girls.

The diet provided by child welfare establishments shall meet health requirements and be conductive nutritional balance for children.

Article 22: Child welfare establishments shall ensure children's participation in basic medical insurance, arrange for periodic health examinations and inoculations, and do a good job of routine health care, disease prevention and control, and other such efforts.

Child welfare establishments may provide basic medical services to children through the establishment of medical establishments or by cooperation with designated medical establishments.

When it is suspected that children have contagious diseases of mental disorders, the child welfare establishments shall handle it in accordance with relevant laws and regulations on prevention and control of contagious diseases and mental health.

Article 23: Child welfare establishments shall provided focussed rehabilitation services based on children's disabilities. Where there is temporarily not capacity, they may cooperate with a qualified rehabilitation establishment to carry out rehabilitation services.

Article 24: For children that meet the requirements for schooling, child welfare establishments shall ensure that they receive a normal education in accordance with law; for children that meet the requirements for schooling in a special education school, they shall ensure that they receive special education in accordance with law.

Child welfare establishments with the capacity are encouraged to carry out special education services.

Article 25: Where children truly need to receive surgical treatment, rehabilitative training, or special education across provincial-level administrative regions, the child welfare establishments shall select a qualified establishment and have the civil affairs departments to which they belong approve and consent.

Child welfare establishments shall have a dynamic grasp of children's situations, and make periodic visits.

Article 26: The child welfare establishments are to lawfully arrange for adoption of eligible children that are suitable for adoption. Before children are adopted, the child welfare establishments shall trutfully inform the person applying to adopt them of important matters such as the child's intelligence, mental health status, illnesses, and disabilities.

Child welfare establishments are to follow the "Measures on Administration of Foster Care" to handle children eligible for foster care.

Article 27: Where any of the following situations occurs, child welfare establishments shall complete formalities for the child to leave the establishment:

(1) Children's parents or other guardians appear;

(2) Children's parents recover capacity for guardianship or there are other persons with guardianship qualifications in accordance with law;

(3) Children's parents or other guardians recover guardianship qualifications;

(4) Children are adopted in accordance with law;

(5) The period of the child welfare establishments' agreements with the children's aid and protection institutions is complete or the agreement is dissolved;

(6) Other circumstances where they should leave the establishment.

Article 28: Where the circumstances provided for in article 27(1) of these Measures occurs, the child welfare establishments shall, based on the circumstances, register and store the notice issued by the public security organs on the return of an abducted child; final proofs that the child was lost, stolen, or abducted by trickery; the judgment of a people's court revoking a declaration of disappearance or death, as well as materials that can reflect previous guardianship, and so forth.

Where the circumstances provided for in article 27(2) of these Measures occurs, child welfare establishments shall register and store reports that the parents have recovered guardianship capacity or that there are other persons with guardianship credentials, issued by the village people's governments (community office) for the place of the child's household registration.

Where the circumstances provided for in article 27(3) of these Measures occurs, child welfare establishments shall register and store the judgment of the people's court finding restoration of guardianship qualifications.

Where the circumstances provided for in article of 27(1)-(3) of these Measures occurs, the child welfare establishments shall also register and store copies of the household registry, resident identity card,and other proofs of identity provided by the parents, other guardians, or other persons with guardianship qualifications in accordance with law, as well as the comments of the civil affairs departments on them leaving the establishment, and other materials.

Where the circumstances provided for in article of 27(4)of these Measures occurs, the child welfare establishments shall register and store copies of the adoption registration documents, as well as the comments of the civil affairs departments on them leaving the establishment, and other materials.

Where the circumstances provided for in article 27(5) of these Measures occurs, child welfare establishments shall register and store materials related to the agreement of retention between the child welfare establishments and the children's aid and protection institutions.

Article 29: When children leave the establishment, the child welfare establishments shall issue a document confirming their departure.

Article 30: After children for whom the civil affairs departments are serving as guardians turn 18, the child welfare establishments shall report to the civil affairs departments to which they belong requesting that the people's government at that level resolve placement issues such as household registration, schooling, employment, housing, social security, and so forth, and people's governments handle formalities for leaving the establishment.

Article 31: Where children taken in and raised by child welfare establishments have a normal death or an irregular death after emergency care by a medical health establishment, the child welfare establishments shall obtain a "Certificate of Medical Proof (Conclusion) of Resident's Death" signed and issued by the medical health establishment responsible for the emergency care or investigation of natural death; and where children die an unnatural death without receiving emergency care from a medical health establishment, the child welfare establishments shall obtain proofs of death issued by the public security and justice departments in accordance with the procedures provided.

Child welfare establishments shall promptly report the circumstances of children's' deaths to the civil affairs departments to which they belong and lawfully handle the remains, cancellation of household registration, and other such work.

Chapter IV: Internal Management

Article 32: Child welfare establishments shall establish and complete systems such as for the management and informatization of safety, food, emergency response, finance, and archives in accordance with relevant national provisions.

Article 33: Child welfare establishments shall put in place responsibility for safety, and install video surveillance systems with storage capacity at every entrance and exit, reception hall, stairwell, cafeteria, observation room, as well as child rehabilitation, education and other regions. Surveillance video materials are to be stored for a period of at least 3 months, and storage media with special or important materials are to be stored in archives.

Article 34: child welfare establishments shall implement a system of 24 hour duty inspection patrols. Duty staff shall be familiar with the situations of the children being brought up in the establishment, complete patrol records, and when on duty shall emphasize connecting with children who are sick or have other special situations.

Article 35: Child welfare establishments shall establish and implement incremental systems for fire safety, establish fire safety management systems, and follow the national and industry standards to allot fire fighting equipment and instruments, maintain and test the equipment and instruments, and ensure clear passages, emergency exits, and clear fire truck lanes, and also carry out routine fire prevention inspections and examinations, and periodically organize fire safety education, training, and fire extinguishing and evacuation drills.

Article 36: Child welfare establishments shall increase food safety management, ensuring that children's diet safe, sanitary, nutritious, and healthy.

Where child welfare establishments establish internal cafeterias, they shall obtain food operation permits from the maker regulatory departments; and where child welfare establishments purchase food from food service providers, they shall obtain make purchases with an enterprise that has obtained food production operation permits and inspect food order in accordance with provisions.

Child welfare establishments shall follow relevant provisions to retain food samples for reference.

Article 37: Child welfare establishments shall formulate emergency response plans for epidemics, fires, food poisoning, and other such incidents.

After an emergency incident occurs, child welfare establishments shall immediately initiate the emergency response plan, and report to the relevant departments in accordance with the division of labor and responsibility for handling the emergency.

Article 38: Child welfare establishments shall carry out the national uniform accounting system, lawfully using funds and earmarking funds for a given purpose, and must not misappropriate or retain special funds such as orphans' basic living allowance.

Article 39: Child welfare establishments shall establish personal archives for children, so that each child has an archive.

Article 40: Child welfare establishments shall rely on the national child welfare information management system to promptly collect and record basic information on children, as well as their important medical, health, education, and other information, and periodically update the data.

Article 41: Child welfare establishments shall establish positions as necessary for work. Professional technical personnel in occupations that require approvals for entry such as medine and healthcare, shall possess relevant national professional credential documents on taking their post. Other professional personnel are encouraged to receive technical vocational training.

Article 42: Child welfare establishments shall encourage and support staff participation in professional credential testing or title assessments, and follow relevant national policies to improve and resolve medical, health, education, social work, and other professional skilled personnel's titles, salary, and benefits.

The attire of child welfare establishment staff shall be tidy and uniform.

Article 43: Where child welfare establishments and foreign organizations carry out activities and cooperative programs, they shall complete formalities in accordance with relevant national provisions.

Chapter V: Safeguards and Oversight

Article 44: The civil affairs departments of local people's governments at the county level or above shall support the development of child welfare establishments, and coordinate implementation of relevant policies and safeguard measures.

Article 45: The civil affairs departments of local people's governments at the county level or above are encouraged increase the level of professional services at child welfare establishments by bringing in professional social work establishments and public interest charitable programs, and various other methods.

Article 46: The civil affairs departments of local people's governments at the county level or above shall strengthen the establishment of the staff teams at child welfare establishments, and periodically train relevant child welfare establishment personnel.

Article 47: The civil affairs departments of local people's governments at the county level or above shall establish and complete routine oversight systems to perform the following oversight and management duties over child welfare establishments they establish and their staffs:

(1) be responsible for conducting oversight and inspections of circumstances such as child welfare establishments establishment of internal management systems, regulating service processes, and strengthening risk management and control;

(2) be responsible for carrying out oversight and inspections of enforcement of laws, regulations, and the Measures relating to management of child welfare establishments;

(3) be responsible for giving sanctions in accordance with law for violations of laws, regulations, and these Measures related to management of child welfare establishments.

(4) be responsible for other matters related to the management of child welfare establishments.

Higher level civil affairs departments shall strengthen guidance and oversight inspections of lower level civil affairs departments, promptly handling conduct that violates laws or regulations in the course of child welfare establishments management.

Article 48: Regarding organizations such as social service organizations, or religious activity sites that privately take in and raise children whose parents or other guardians cannot be ascertained, the civil affairs departments of local people's governments at the county level or above, together with relevant departments such as for public security and religious affairs, are to order them to stop these activities, and send children they have taken in to child welfare establishments.

The civil affairs departments shall increase oversight and management of organizations that have a signed agreement in effect to be retained by the civil affairs departments to provide care.

Article 49: Where child welfare establishments and their staffs do not lawfully perform their duties to take in and raise children, or discriminate, insult, or abuse children, the civil affairs departments to which they belong are to order corrections, and give sanctions in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 50: Where state personnel in the management of child welfare establishments abuse their authority, play favorites, neglects his duty or commits illegalities for personal gain, they shall be punished in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Chapter VI: Supplementary Provisions

Article 51: Children's aid and protection institutions as used to in these Measures, refers to juvenile (aid) protection centers, and aid management stations that have established juvenile aide and protection departments (offices).

Article 52: These measures take effect on January 1, 2019.

 

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