Circular No. 09/2018/TT-BLDTBXH guiding the process of assisting children affected by HIV/AIDS

CIRCULAR

GUIDELINES FOR THE PROCEDURE OF ASSISTING CHILDREN AFFECTED BY HIV/AIDS

Pursuant to Decree No. 14/2017/NĐ-CP dated February 17, 2017, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs;

Pursuant to Decree No. 56/2017/ND-CP dated May 9, 2017 of the Government detailing and guiding the implementation of certain provisions of the Law on Children;

Pursuant to Decision No. 570/QD-TTg dated April 22, 2014 of the Prime Minister approving the National Action Plan for Children Affected by HIV/AIDS for the period 2014-2020;

At the proposal of the Director of the Department of Children;

The Minister of Labor, Invalids and Social Affairs issues this Circular guiding the procedure for assisting children affected by HIV/AIDS.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular stipulates the procedure for assisting children affected by HIV/AIDS at child protection service facilities, social assistance facilities, and communes, wards, and towns.

Article 2. This Circular applies to child protection workers; child protection volunteers, social work staff, social work volunteers; People's Committees at all levels; child protection service facilities; social assistance facilities; relevant agencies, organizations, and individuals.

Article 2. Interpretation of Terms

Article 1. Child assistance services include:

a) Health care; support for home health care; referral to HIV testing facilities; referral to specialized treatment centers; referral to medical facilities for treatment; counseling on HIV/AIDS prevention;

b) Nutritional support: monitoring children's nutritional status; providing nutritional products for children; advising caregivers on nutritional care for children;

c) Educational support: supporting children's access to education; providing books, notebooks, and school supplies; supporting access to vocational training for children who meet the legal age requirement and have a need for such training;

d) Psychological support: psychological counseling; referral of children with psychological issues to specialized counseling and therapy centers;

đ) Social welfare: ensuring children have housing and are cared for; enabling children to access state subsidy policies; supporting the search for substitute families when children cannot live with their own families; connecting services related to livelihoods and family economic development;

e) Child protection and legal assistance: implementing plans to assist and intervene to protect children from harm; supporting legal procedures.

Article 2. The procedure for assisting children affected by HIV/AIDS involves identifying the assistance needs of children; developing and implementing a plan to assist children affected by HIV/AIDS; coordinating activities to help children access services according to their needs to ensure their rights and facilitate their integration into society.

Article 3. The person responsible for managing and assisting children affected by HIV/AIDS is the child protection worker, child protection volunteer, and social work volunteer at the commune, ward, or town; staff working at child protection service facilities and social assistance facilities assigned by the Chairman of the Commune People's Committee (hereinafter referred to as the Commune-level People's Committee) or the Director of the child protection service facility or social assistance facility to manage and assist children.

Article 3. Principles of assistance for children affected by HIV/AIDS

Point 1. Ensuring the participation of children.

Point 2. Ensuring non-discrimination and non-stigmatization.

Point 3. Ensuring confidentiality of information; disclosure of confidential personal information must comply with legal regulations and be in the best interest of the child.

Article 4. Steps to implement the process of assisting children affected by HIV/AIDS

Clause 1. Receiving and coordinating the handling of information.

2. Identify the assistance needs of children affected by HIV/AIDS.

3. Develop a plan to assist children affected by HIV/AIDS.

4. Implement the plan to assist children affected by HIV/AIDS.

5. Review and evaluate after implementing the plan to assist children affected by HIV/AIDS.

Chapter II
PROCESS OF ASSISTING CHILDREN AFFECTED BY HIV/AIDS

Article 5. Receiving and coordinating the handling of information

1. The person managing and assisting children affected by HIV/AIDS shall establish a list of children affected by HIV/AIDS after contacting with the children and their families, collecting general information about the children and other members of the family, and the needs of children affected by HIV/AIDS according to the prescribed form (Form 01 issued together with this Circular).

2. The Director of child protection service facilities and social assistance facilities shall be responsible for directing staff assigned to manage children to collect all information about the children and their needs according to the prescribed form (Form 02 issued together with this Circular).

3. Information on children affected by HIV/AIDS

a) Basic information;

b) Status of the children;

c) Family information;

d) Nutritional status of the children;

đ) Health status and medical care;

e) Collecting information on education and vocational training;

g) Housing status and childcare;

h) Psychological status of the children;

i) Legal protection and support.

Article 6. Identifying the assistance needs of children affected by HIV/AIDS

1. The person managing and assisting children affected by HIV/AIDS shall be responsible for assessing and identifying the assistance needs of children affected by HIV/AIDS according to the following services:

a) Healthcare: Medical examination, treatment, testing to determine the HIV/AIDS infection status, antiretroviral therapy, health insurance card;

b) Nutritional support: Children who do not have enough food, malnutrition, parents and caregivers lacking knowledge on nutrition care for children;

c) Educational support: Supporting children to attend school, textbooks, stationery, uniforms, tuition fees;

d) Psychological support: On-site counseling or referral to specialized psychological counseling and therapy centers;

đ) Social welfare:

- Housing support: Finding substitute care families, adoption, transferring to child protection service facilities or social assistance facilities. For children living in child protection service facilities, social assistance facilities need to create conditions for them to live in the community with their parents or close relatives (if any) or find substitute care families for the children.

- Social allowance benefits as prescribed.

- Connecting livelihood support programs for the families of the children.

e) Child protection and legal assistance:

- Measures to protect children from abuse.

- Supporting children and families with legal procedures.

2. The People's Committee of the commune shall be responsible for organizing meetings with persons responsible for managing and assisting children affected by HIV/AIDS, relevant departments and organizations to identify the needs of the children, prioritize and determine the services needed to meet the needs of children affected by HIV/AIDS, and services that need to be connected and transferred for the children (Form 03 issued together with this Circular).

3. The Director of child protection service facilities and social assistance facilities shall be responsible for organizing meetings with persons assigned to manage children and those related within their jurisdiction to identify the needs of the children and the services required to meet the needs and connect, transfer services for the children when they are being cared for at the facility (Form 03 issued together with this Circular).

Article 7. Establishing Assistance Plans for Children Affected by HIV/AIDS

1. Based on the results of determining the needs of children affected by HIV/AIDS, the manager and assistant for children affected by HIV/AIDS shall establish an assistance plan for children.

2. Develop an assistance plan for children affected by HIV/AIDS.

The manager and assistant for children affected by HIV/AIDS shall be responsible for coordinating with relevant sectors, families of children affected by HIV/AIDS, caregivers, and related individuals to develop an assistance plan for children affected by HIV/AIDS (model 04 issued together with this Circular). The content of the assistance plan includes:

a) Goals to be achieved in assistance;

b) Specific activities to be carried out to achieve the goals;

c) Timeframes for each activity;

d) Resources for implementation;

đ) Responsibilities of families, sectors, organizations, and related individuals;

e) Service units participating in implementing the plan;

g) Monitoring and evaluating the implementation of the plan.

Article 8. Implementing Assistance Plans for Children Affected by HIV/AIDS

1. The manager and assistant for children affected by HIV/AIDS shall be responsible for submitting the assistance plan for approval by the Chairman of the People's Committee at the commune level or the Director of the service-providing facility for child protection, social assistance facility, for children being cared for at the approved facility.

2. The manager and assistant for children affected by HIV/AIDS at the commune, ward, town level shall be responsible for implementing the assistance plan, including the following contents:

a) Advising the family of children affected by HIV/AIDS on caring for children at home, introducing children and their families to appropriate service-providing facilities;

b) Referring, connecting with competent agencies, units, or health care, education, psychological counseling, legal aid, child protection service facilities, social assistance facilities, substitute care families;

c) Assisting children affected by HIV/AIDS and their families to access and benefit from social assistance policies and programs;

d) Promptly assisting children affected by HIV/AIDS to complete related legal procedures;

đ) Taking measures to protect and prevent children affected by HIV/AIDS from being harmed;

e) Mobilizing resources to support the implementation of the assistance plan for children affected by HIV/AIDS and their families.

3. The manager and assistant for children affected by HIV/AIDS at child protection service-providing facilities, social assistance facilities shall be responsible for implementing the assistance plan, including the following contents:

a) Organizing the provision of services according to the needs of children at the facility when the facility has the conditions to provide services to children;

b) Referring, connecting with competent agencies, units, or health care, education, psychological counseling, legal aid facilities for children affected by HIV/AIDS;

c) Supporting children affected by HIV/AIDS to reunite with parents when parents have the conditions to care for and raise children;

d) Supporting children affected by HIV/AIDS living at the facility to receive substitute care according to the provisions of Articles 60, 62, 63 of the Law on Children;

đ) Taking measures to protect and prevent children affected by HIV/AIDS from being harmed.

4. The manager and assistant for children affected by HIV/AIDS shall be responsible for contacting and connecting with service-providing facilities and carrying out connection and referral procedures for children in accordance with current laws.

5. The People's Committee of the district, county, city under province (hereinafter referred to collectively as the district level) shall be responsible for directing the Department of Labor - Invalids and Social Affairs to accept referral services for children from the commune level and coordinate, connect assistance for children to access services according to the child assistance plan.

Article 9. Review and Evaluation After Implementation of the Plan to Assist Children Affected by HIV/AIDS

1. The person managing and assisting children affected by HIV/AIDS shall be responsible for monitoring and evaluating the implementation process of the plan to assist children affected by HIV/AIDS (model 04 issued together with this Circular) according to the following contents:

a) Results of assistance provided to children affected by HIV/AIDS;

b) Level of meeting the needs of children affected by HIV/AIDS;

c) Suitability of services provided to children affected by HIV/AIDS;

d) Services that have been transferred and connected;

đ) Identification of existing or newly arising issues.

2. Based on the results of the evaluation of the assistance process for children affected by HIV/AIDS, the person managing and assisting children affected by HIV/AIDS shall be responsible for proposing to terminate assistance in cases stipulated in Clause 3 of this Article or developing additional assistance plans and continuing the assistance process, to be decided by the Chairman of the People's Committee at the commune level or the Director of the child protection service facility, social assistance facility.

3. Termination of the assistance process for children affected by HIV/AIDS in the following cases:

a) Objectives have been achieved;

b) Children have moved out of the service area;

c) Children and their families no longer need assistance services;

d) Other reasons.

4. The person managing and assisting children affected by HIV/AIDS shall be responsible for reporting to the competent authority to organize meetings with relevant departments, associations, families of children, and caregivers to unify the termination of assistance for children, to be signed off by the Chairman of the People's Committee at the commune level or the Director of the child protection service facility, social assistance facility.

Article 10. Recording and Archiving Files

1. The person managing and assisting children affected by HIV/AIDS shall be responsible for recording all information about the assistance process for children accurately and completely.

2. Files managing and assisting children affected by HIV/AIDS shall be stored, kept confidential, and used in accordance with the laws on archiving concerning the privacy of children.

Chapter III
IMPLEMENTATION

Article 11. Responsibilities of People's Committees at All Levels

1. People's Committees of provinces and centrally-administered municipalities:

a) Direct the Department of Labor, Invalids and Social Affairs to take the lead and coordinate with the Department of Health, the Department of Education and Training, related agencies, organizations, child protection service facilities, and social assistance facilities in the locality to implement the assistance process for children affected by HIV/AIDS as prescribed in this Circular. Report annually on the situation and results of assistance for children affected by HIV/AIDS in the locality and report promptly when required;

b) Direct the Department of Health to take the lead and coordinate in providing health care and nutrition services; guide health centers, hospitals, and medical stations to accept examinations and treatments for children affected by HIV/AIDS and share relevant information about children with those responsible for managing and assisting children affected by HIV/AIDS;

c) Direct the Department of Education and Training to take the lead and coordinate in providing education-related services for children; guide schools to accept children affected by HIV/AIDS to attend school, implement policies and regulations regarding education for children affected by HIV/AIDS; limit discrimination against children affected by HIV/AIDS;

d) Inspect and audit the implementation of the management and assistance process for children affected by HIV/AIDS within the province or city;

đ) Organize training and capacity building to enhance professional skills in managing and assisting children affected by HIV/AIDS;

e) Allocate funds and mobilize resources to implement this Circular at the local level in accordance with the State Budget Law and current policies.

2. District People's Committee:

a) Direct the Labor, Invalids and Social Affairs Office to take the lead and coordinate with the Health Office, the Education and Training Office, related agencies, organizations, child protection service facilities, and social assistance facilities in the locality to implement the assistance process for children affected by HIV/AIDS as prescribed in this Circular; compile and report annually and promptly on the implementation of the management and assistance process for children affected by HIV/AIDS in the locality;

b) Direct the Health Office to take the lead and coordinate in providing health care and nutrition services; guide health centers, hospitals, and medical stations in the locality to accept examinations and treatments for children affected by HIV/AIDS and share relevant information about children with those responsible for managing and assisting children affected by HIV/AIDS;

c) Direct the Education and Training Office to take the lead and coordinate in providing education-related services for children; guide schools in the locality to accept children affected by HIV/AIDS to attend school, implement policies and regulations regarding education for children affected by HIV/AIDS; limit discrimination against children affected by HIV/AIDS;

d) Allocate funds and mobilize resources to implement this Circular at the local level in accordance with the State Budget Law and current policies.

3. Commune People's Committee:

a) Implement the assistance process for children affected by HIV/AIDS in the locality;

b) Identify and assign persons responsible for managing and assisting children affected by HIV/AIDS to develop and implement the assistance plan for children affected by HIV/AIDS;

c) Compile and report annually and promptly on the implementation of the assistance process for children affected by HIV/AIDS in the locality.

Article 12. Responsibilities of child protection service providers and social assistance facilities

1. Implement procedures to assist children affected by HIV/AIDS within the scope of their operations; coordinate and refer children to other assistance services.

2. Organize professional training for staff, managers, and personnel responsible for assisting children affected by HIV/AIDS.

3. Prepare and settle annual budget expenses for managing and assisting children affected by HIV/AIDS in accordance with the State Budget Law.

Article 13. Effective Date

1. This Circular takes effect from October 15, 2018.

2. Any difficulties arising during implementation shall be reported to the Ministry of Labor, Invalids and Social Affairs through the Children's Administration for consideration and resolution./.