Circular No. 14/2020/TT-BLDTBXH guiding the implementation of provisions on substitute care for children

 CIRCULAR

GUIDELINES FOR THE IMPLEMENTATION OF PROVISIONS ON SUBSTITUTE CARE FOR CHILDREN

On the basis of The Law on Children dated April 5, 2016;

Decree No. Decree No. 56/2017/NĐ-CP dated May 9, 2017 of the Government detailing certain provisions of the Law on Children;

Decree No. Article 14/2017/ND-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;

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

The Minister of Labor, Invalids and Social Affairs issues this Circular to guide the implementation of provisions on substitute care for children.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular guides the implementation of provisions on substitute care for children.

Article 2. This Circular applies to persons engaged in child protection work at the commune level, child protection volunteers, social assistance facilities, child protection service providers, People's Committees at all levels, other agencies, organizations, and individuals related to the matter.

Article 2. Substitute Care Process for Children

Clause 1. Receiving and coordinating the handling of information.

Clause 2. Assessing the status and determining the support needs of children receiving substitute care.

Clause 3. Identifying children eligible for substitute care.

Clause 4. Receiving information from individuals and families seeking to provide substitute care for children.

Clause 5. Verifying and selecting individuals and families to provide substitute care.

Clause 6. Determining individuals and families meeting the conditions to provide substitute care.

Clause 7. Developing a support and intervention plan for children receiving substitute care.

Clause 8. Implementing the support and intervention plan for children requiring substitute care.

Clause 9. Monitoring and evaluating the status of children, individuals, and families providing substitute care.

Chapter II
PROCEDURE FOR IMPLEMENTING PROVISIONS ON SUBSTITUTE CARE FOR CHILDREN

Article 3. Receiving and Coordinating the Handling of Information

Clause 1. Persons engaged in child protection work at the commune level are responsible for receiving and collecting information about the status and needs of children, family members, and compiling a list of children requiring substitute care.

Clause 2. Every six months, the head of the social assistance facility is responsible for compiling a list and dossier of children currently cared for at the facility who require substitute care, and transferring them to the Department of Labor, Invalids and Social Affairs and the People's Committee of the district for approval as a basis for finding individuals and families willing to provide substitute care for children.

Clause 3. The People's Committee at the commune level is responsible for receiving the list and dossier of children requiring substitute care from the social assistance facility approved by the Department of Labor, Invalids and Social Affairs and the People's Committee of the district, and assigning the person engaged in child protection work at the commune level to manage and implement activities supporting substitute care for children in accordance with regulations.

Clause 4. Persons engaged in child protection work at the commune level are responsible for collecting information on children who have been abused, are at risk of violence, exploitation, abandonment by their parents or caregivers, and children who have been abused but whose parents or caregivers refuse to implement the support and intervention plan, and reporting to the People's Committee at the commune level to initiate temporary substitute care procedures for children in accordance with Clause 1, Article 32 of Decree No. 56/2017/NĐ-CP dated May 9, 2017 of the Government detailing certain provisions of the Law on Children (hereinafter referred to as Decree No. 56/2017/NĐ-CP).

Article 4. Evaluation of the status and determination of support needs for children receiving substitute care

Persons working on child protection at the commune level and social assistance officers assigned by the head of the facility shall be responsible for monitoring and evaluating the status of children as follows:

1. Evaluating the status of children regarding physical health, mental health, academic performance, current care conditions, potential risks that may harm children, causes or perpetrators of harm to children, family status, relatives (if any);

2. Determining services and policies to support and intervene for children according to the following services:

a) Health care: Medical examination, treatment, nutritional care, health insurance policy;

b) Educational support: Supporting children's access to education; providing school supplies, uniforms, tuition fees; vocational training costs appropriate to age as prescribed;

c) Psychological support: On-site counseling or transferring children to specialized psychological therapy services;

d) Social welfare: Supporting children receiving substitute care appropriately ensuring priority selection of substitute care forms in the best interest of children. For children living in social assistance facilities, creating conditions for children to return to live in the community with parents or relatives (if any), or finding individuals or families to take over substitute care for children; supporting social assistance policies for children and individuals or families taking over substitute care as prescribed;

đ) Child protection: Implementing measures to protect children from abuse and violence; isolating children from environments or individuals threatening or engaging in violent or exploitative behavior towards children and implementing support and intervention procedures;

e) Legal aid: Implementing procedures to identify children in cases of abandonment as prescribed by law; supporting birth registration for abandoned children; providing legal services to children.

3. Coordinating with agencies, organizations, and individuals to establish children's files as prescribed in Clause 3 and 4, Article 38 of Decree No. 56/2017/ND-CP.

Article 5. Determination of children receiving substitute care

Children will receive substitute care when they meet the following conditions:

1. Children belonging to the categories prescribed in Article 62 of the Law on Children;

2. Children listed in the approval of the Department of Labor, Invalids and Social Affairs and the People's Committee of the district for children currently being nurtured and cared for at social assistance facilities;

3. Children having complete files as prescribed in Clause 3 and 4, Article 38 of Decree No. 56/2017/ND-CP;

4. Written consent of the parents as prescribed in Point b, Clause 1, Article 36 of the Law on Children or the guardian in cases prescribed in Clause 1, Article 62 of the Law on Children;

5. In cases where children are seven years old or older, the opinion of the child must be taken.

Article 6. Receiving information from individuals and families wishing to provide substitute care for children

The People's Committee at the commune level is responsible for receiving registration applications and guiding individuals and families wishing to provide substitute care as prescribed in Article 41 of Decree No. 56/2017/ND-CP.

Article 7. Determination and selection of individuals and families providing substitute care

1. In addition to the responsibilities prescribed in Clause 1, Article 42 of Decree No. 56/2017/ND-CP regarding the determination and selection of individuals and families providing substitute care, persons working on child protection at the commune level also have the following responsibilities:

a) Determining the conditions of individuals and families wishing to provide substitute care;

b) Assessing the suitability of individuals and families providing substitute care based on the information provided by individuals and families applying for substitute care, and their requirements for children receiving substitute care;

c) Summarizing and reporting to the Chairman of the Commune People's Committee.

2. The Chairman of the Commune People's Committee is responsible for reviewing and approving lists of individuals and families meeting the conditions for substitute care as prescribed in Clause 2, Article 63 of the Law on Children based on reports from persons working on child protection at the commune level.

Lists of individuals and families meeting the conditions for substitute care are sent to the provincial and district labor, invalids, and social affairs authorities as prescribed in Clause 1, Article 40 of Decree No. 56/2017/ND-CP.

3. Provincial and district labor, invalids, and social affairs authorities, and child protection service providers are responsible for advising selected individuals and families about relevant legal provisions concerning the rights and obligations of children, child protection, and skills related to substitute care.

4. District labor, invalids, and social affairs authorities, in addition to the responsibilities prescribed in Clause 1, Article 68 of the Law on Children, are responsible for coordinating the provision of substitute care for children as follows:

a) Sending quarterly lists of individuals and families wishing to provide substitute care to communes, wards, towns (hereinafter referred to as communes) within districts, counties, cities under provinces (hereinafter referred to as districts);

b) Reviewing and compiling lists of children and individuals and families wishing to provide substitute care;

c) Providing monthly updates on children and individuals and families providing substitute care to the Commune People's Committee where the individuals and families wishing to provide substitute care reside, to continue providing substitute care for children as prescribed.

Article 8. Conditions for individuals and families to provide substitute care

Individuals and families providing substitute care must meet the following conditions:

1. Comply with the provisions set forth in Clause 2 of Article 63 of the Law on Children.

2. Have been verified by the Chairman of the People's Committee of the commune in accordance with Form No. 11 issued together with Decree No. 56/2017/ND-CP.

3. The dossier must comply with the provisions set forth in Clause 1 of Article 41 of Decree No. 56/2017/ND-CP.

4. Have received counseling from the child protection service provider institution or the person working in child protection at the commune level in accordance with Clause 3 of Article 7 of this Circular.

5. Have been approved by the Chairman of the People's Committee of the commune where they reside as meeting the conditions to provide substitute care.

Article 9. Developing support and intervention plans for children receiving substitute care

1. Based on the results of assessing the status of children to determine their support and intervention needs, the person working in child protection at the commune level shall be responsible for coordinating with relevant agencies, organizations, and individuals in the locality to develop a support and intervention plan for children before submitting it to the People's Committee of the commune for approval in accordance with Clause 1 of Article 28 of Decree No. 56/2017/ND-CP.

2. The head of the social assistance facility assigns a representative to coordinate with the person working in child protection at the commune level where the individual or family providing substitute care resides to establish a support and intervention plan for children living in the social assistance facility who meet the conditions to receive substitute care.

3. The support and intervention plan must include the following contents:

a) The objectives that need to be achieved: Supporting children receiving substitute care in a manner appropriate to their needs and ensuring legal requirements; supporting services according to the needs of children;

b) Specific activities to be implemented: Activities to support children receiving substitute care in accordance with the Law on Children and Decree No. 56/2017/ND-CP; supporting services according to the needs of children regarding healthcare, education, nutrition, psychological support, social welfare, child protection, and legal aid;

c) Determining the timeframe for implementing each activity;

d) Assigning responsibilities for each activity among agencies, organizations, families, and individuals;

đ) Units providing services participating in implementing the plan;

e) Budget estimates for each activity and the total funding for the plan;

g) Monitoring and evaluating the implementation of the plan.

4. The Chairman of the People's Committee of the commune approves the plan and assigns the person working in child protection at the commune level to coordinate with relevant agencies, organizations, individuals, and families to implement the support and intervention plan for children receiving substitute care.

5. In cases where children are living in social assistance facilities, the Chairman of the People's Committee of the commune is responsible for coordinating with the head of the social assistance facility to approve the support and intervention plan before approving it.

Article 10. Implementing support and intervention plans for children requiring substitute care living in the community

1. Providing services according to the needs of children:

a) The person working in child protection at the commune level is responsible for:

a1) Coordinating with local agencies, organizations, and individuals to support children with services according to their needs regarding healthcare, education; providing psychological support, social welfare, child protection, and legal aid in accordance with Clause 2 of Article 4 of this Circular;

a2) Coordinating with related agencies, organizations, and individuals at the commune level to implement procedures for announcing the search for families for abandoned children; registering births for children and finding temporary substitute caregivers for children;

b) The Department of Labor, Invalids, and Social Affairs of the district is responsible for receiving requests from the commune level to connect and transfer service lines for children and coordinating to ensure that children have access to services according to the support and intervention plan for children.

2. The person working in child protection at the commune level selects substitute care options for children in the following priority order:

a) Substitute care by relatives when children meet the conditions stipulated in Article 5 of this Circular and there are relatives who meet the conditions to provide substitute care;

b) Substitute care by individuals and families who are not relatives when children meet the conditions stipulated in Article 5 of this Circular and there are no relatives or relatives who do not meet the conditions for care or refuse to care for the children;

c) Substitute care at a social assistance facility when children fall into the following categories:

c1) Children who meet all the conditions stipulated in Article 5 of this Circular;

c2) Children without relatives or whose relatives do not meet the conditions for care or refuse to care for them;

c3) Unable to find individuals and families who are not relatives willing to provide substitute care for children;

c4) Children who need urgent protection in accordance with Articles 31 and 32 of Decree No. 56/2017/ND-CP and have not found a family to provide substitute care;

d) Adoption is carried out in accordance with the law on adoption.

3. Substitute care for children by individuals and families who are relatives:

a) On the basis of assessing the status of children and establishing a dossier for children, the person working in child protection at the commune level compiles a list of relatives of the children, assesses the status of the relatives, and selects relatives who meet the legal conditions to provide substitute care for children;

b) The person working in child protection at the commune level informs the situation of the children to the individuals and families who are relatives of the children; encourages these individuals and families to accept substitute care for the children;

c) In cases where the relatives of the children do not reside in the same commune as the children, the person working in child protection at the commune level advises the People's Committee of the commune where the children reside to coordinate with the People's Committee of the commune where the relatives reside to carry out procedures to support the children in receiving substitute care;

d) For cases where children are currently being cared for by relatives, the person working in child protection at the commune level guides the individuals and families to register with the People's Committee of the commune where they reside to officially receive substitute care for the children.

d) The child protection worker at the commune level advises or connects individuals or families who are close relatives of the child to counseling services regarding legal provisions related to children's rights and obligations, child protection, and skills for substitute care.

e) The People's Committee of the commune issues a decision to entrust children to individuals or families who are close relatives for substitute care.

g) The child protection worker at the commune level collaborates with agencies, organizations, and individuals to assist children in accessing services as stipulated in Clause 2, Article 4 of this Circular.

h) The child protection worker at the commune level assists individuals or families providing substitute care for children in completing necessary documents and procedures to ensure that children receive all support policies as prescribed by law.

4. Substitute care for children by individuals or families who are not close relatives:

a) Based on an assessment of the circumstances, status, and needs and wishes of children requiring substitute care, the child protection worker at the commune level selects suitable individuals or families to provide substitute care; reports verification of individuals or families providing substitute care according to Article 42 of the Law on Children and Article 7 of this Circular.

b) The child protection worker at the commune level informs individuals or families providing substitute care about the child's physical health condition, mental health, academic performance, family situation, and other relevant information (if applicable).

c) Children must have contact and become acquainted with individuals or families providing substitute care at least twice before being entrusted to them for substitute care.

d) The child protection worker at the commune level is responsible for submitting to the Chairman of the People's Committee of the commune where the individual or family providing substitute care resides to issue a Decision entrusting children to individuals or families providing substitute care when they meet the legal requirements and are suitable for the child.

đ) In cases where individuals or families providing substitute care do not reside in the same commune as the child, the child protection worker at the commune level consults with the People's Committee of the commune where the child resides and coordinates with the People's Committee of the commune where the individual or family providing substitute care resides to implement the transfer procedures as stipulated in Clause 7, Article 42 of Decree No. 56/2017/NĐ-CP.

e) The child protection worker at the commune level supports the completion of procedures so that children and individuals or families providing substitute care can receive support policies as prescribed in Clause 2, Article 4 of this Circular.

5. Substitute care for children at social assistance facilities.

The People's Committee of the commune where the child resides is responsible for establishing a file to request the placement of children in substitute care at social assistance facilities when it is not possible to implement substitute care by individuals or families who are close relatives or by individuals or families who are not close relatives.

6. Substitute care through adoption is implemented in accordance with the legal provisions on adoption.

Article 11. Implementation of Support and Intervention Plans for Children Living in Social Assistance Facilities and Transitioning Care Forms

1. The representative of the social assistance facility collaborates with the child protection worker at the commune level to implement the transition of care forms for children based on the list of files of children living in social assistance facilities who require substitute care as follows:

a) Assess the suitability of individuals or families providing substitute care regarding the circumstances, status, and needs and wishes of children requiring substitute care.

b) Report verification of the conditions of individuals or families providing substitute care according to Model Form No. 11 issued together with Decree No. 56/2017/NĐ-CP.

c) Inform individuals or families providing substitute care about the child's physical health condition, mental health, education, family situation, and other relevant information (if applicable).

2. Organize for children to have contact and become acquainted with individuals or families providing substitute care at least twice before being entrusted to them for substitute care.

3. The People's Committee of the commune agrees in writing with the head of the social assistance facility to select individuals or families providing substitute care for children.

4. The People's Committee of the commune issues a decision to entrust children to individuals or families providing substitute care based on the written agreement with the head of the social assistance facility. The decision is sent to the Department of Labor, Invalids, and Social Affairs, the People's Committee of the district, and the social assistance facility to terminate substitute care for children at the social assistance facility.

5. Based on the identified support and intervention needs of children, the representative of the social assistance facility assists children in accessing services according to their needs for healthcare, education, psychological support, social welfare; child protection, legal aid as prescribed by law; and collaborates with the child protection worker at the commune level to support individuals or families providing substitute care for children.

Article 12. Implementation of support and intervention plans in cases where children require urgent protection

In cases where children fall under any of the circumstances stipulated in Clause 1, Article 32 of Decree No. 56/2017/NĐ-CP, the child protection worker at the commune level shall be responsible for advising the Chairman of the People's Committee at the commune level to implement the following supports and interventions:

1. Temporarily isolate children from their parents or caregivers in accordance with Clause 2, Article 32 of Decree No. 56/2017/NĐ-CP if children are currently subjected to violence or harm by their parents or caregivers.

2. Find individuals or families to temporarily take care of the children.

3. Transfer children to social welfare facilities for substitute care when no individual or family is found to temporarily take care of the children.

4. Coordinate with relevant agencies, organizations, and individuals to assist children in accessing services according to their needs regarding healthcare, education, nutrition, psychological support, social welfare, child protection, and legal aid; assist in procedures for children to benefit from policies as prescribed by law.

Article 13. Responsibilities for monitoring and evaluating the status of children receiving substitute care

The child protection worker at the commune level shall be responsible for the following:

1. Advising the Chairman of the People's Committee at the commune level to lead and coordinate with relevant agencies, organizations, individuals, child protection volunteers, representatives of social welfare facilities to monitor and evaluate the condition of children in terms of living conditions, physical and mental health, integration with the substitute caregiver or family, and promptly propose appropriate measures to relevant agencies, organizations, and individuals in accordance with the law.

2. Coordinate with representatives of social welfare facilities to monitor and evaluate the condition of children transferred from social welfare facilities for substitute care in the locality.

3. Propose suitable forms of substitute care as follows:

Report to the People's Committee at the commune level every six months or when children need to change the form of substitute care or the substitute caregiver or family as follows:

a) In cases where children are receiving temporary substitute care:

a1) Children are returned to their families when parents or caregivers are assessed as ensuring conditions for caring for and raising children.

a2) Select individuals or families to provide substitute care for children, prioritizing those already providing substitute care. If no individual or family is found, proceed with procedures to place children in substitute care at social welfare facilities.

b) In cases where children are receiving substitute care but the individual or family no longer wishes to continue, the child protection worker at the commune level shall be responsible for reporting to the Chairman of the People's Committee at the commune level to decide on changing the form of substitute care for children as follows:

b1) Implement in accordance with Clause 2, Article 10 of this Circular.

b2) The People's Committee at the commune level where the individual or family resides shall cooperate with the head of the social welfare facility to select the form of substitute care for children in accordance with points a and b of Clause 2, Article 10 of this Circular.

4. For children who have been provided long-term substitute care by individuals or families reaching 16 years of age, the child protection worker at the commune level shall be responsible for assessing the condition of such individuals and presenting it to the People's Committee at the commune level to coordinate with relevant agencies and organizations to provide appropriate support in accordance with the law.

5. Report to the People's Committee at the commune level on the status of children and individuals or families providing substitute care, and simultaneously select and propose the following solutions to support children and individuals or families providing substitute care:

a) Support the needs of children regarding healthcare, education, psychological development, child protection, and subsidies for children receiving substitute care.

b) Support individuals or families providing substitute care with knowledge and skills in caring for, protecting, and educating children, and support policies as prescribed by law.

c) Carry out procedures to terminate substitute care and select suitable forms of substitute care in accordance with Article 69 of the Law on Children.

Article 14. Responsibility for monitoring and evaluating the status of children placed under substitute care in emergency situations

The child protection worker at the commune level shall be responsible for the following:

1. Evaluate the status of children in accordance with Clause 3, Article 32 of Decree No. 56/2017/NĐ-CP for children temporarily separated from their parents and transferred to individuals or families providing temporary substitute care.

2. Coordinate with representatives of social assistance facilities to evaluate the status of children in accordance with Clause 3, Article 32 of Decree No. 56/2017/NĐ-CP for children temporarily separated from their parents and transferred to social assistance facilities.

3. Coordinate with relevant agencies, organizations, and individuals to evaluate the status of children after 15 days of temporary separation and report to the People's Committee of the commune to select appropriate support and interventions as follows:

a) Return children to their families when parents or caregivers are assessed as having met the conditions to ensure safety for the children.

b) Initiate procedures to request the People's Court at the district level to decide on continuing to separate children from their parents or caregivers if they have not ensured safety or still pose a risk of harm to the children, and implement substitute care for the children.

Chapter III
IMPLEMENTATION

Article 15. Responsibilities of People's Committees at all levels

1. Provincial People's Committees and People's Committees of centrally governed cities:

a) Direct the Department of Labor, Invalids, and Social Affairs to implement regulations on substitute care for children as follows:

a1) Implement substitute care for children in accordance with this Circular;

a2) Coordinate with the Department of Health, the Department of Education and Training, related agencies and organizations, social assistance facilities, and local child protection service providers to provide services to children receiving substitute care in accordance with this Circular;

a3) Organize counseling and guidance on implementing policies and measures to support substitute caregivers and children receiving substitute care;

a4) Review lists of children at social assistance facilities, accept and consider recommendations from social assistance facilities regarding transferring children to appropriate substitute care forms;

a5) Organize training and capacity building for civil servants and employees of labor, invalids, and social affairs departments at all levels, social assistance facilities, child protection workers at the commune level, and related organizations and individuals on substitute care for children;

a6) Report annually before December 25 on the implementation of substitute care for children in the locality and submit special reports when required.

b) Inspect and audit the implementation of regulations on substitute care for children within the jurisdiction;

c) Allocate funds and mobilize resources to implement this Circular in the locality in accordance with the law.

2. District People's Committee:

a) Direct the Office of Labor, Invalids, and Social Affairs to implement regulations on substitute care for children as follows:

a1) Implement substitute care for children in accordance with this Circular;

a2) Coordinate with the Office of Health, the Office of Education and Training, related agencies, organizations, and individuals, social assistance facilities, and local child protection service providers to provide support services to children receiving substitute care and those in need of substitute care in accordance with this Circular;

a3) Organize training and capacity building for civil servants and employees of labor, invalids, and social affairs offices at the district level, social assistance facilities, child protection workers at the commune level, and related organizations and individuals on substitute care for children;

b) Allocate funds and mobilize resources to implement substitute care for children in the locality in accordance with the law.

3. Commune People's Committee:

a) Organize the implementation of regulations on substitute care for children;

b) Assign child protection workers at the commune level and child protection volunteers to implement substitute care for children; carry out plans to support and intervene for children currently receiving substitute care and those in need of substitute care; monitor, evaluate, and support children, individuals, and families providing substitute care for children.

Article 16. Responsibilities of social assistance facilities and child protection service providers

1. Social assistance facilities shall be responsible for:

a) Organizing the implementation of substitute care for children in accordance with the provisions of the law;

b) Organizing training and capacity building on legal regulations, specialized knowledge, and professional skills related to substitute care for children;

c) Cooperating with the People's Committee of the commune where the individual or family receiving substitute care resides as follows:

c1) Implementing the provisions on substitute care for children;

c2) Monitoring and evaluating children, individuals, and families receiving substitute care for children according to the list approved and transferred by the Department of Labor, Invalids, and Social Affairs and the People's Committee of the district to the People's Committee of the commune.

d) Preparing and finalizing the annual budget for receiving children who need substitute care at the facility in accordance with the State Budget Law.

2. Child protection service providers shall be responsible for:

a) Training and capacity building for social work staff and officials on legal regulations, knowledge, and counseling skills for individuals and families receiving substitute care;

b) Advising individuals and families receiving substitute care on legal provisions related to the rights and obligations of children, child protection, and substitute care skills;

c) Allocating funds and mobilizing resources to implement substitute care for children in the locality in accordance with the law.

Article 17. Effective Date

1. This Circular takes effect from January 12, 2021.

2. During the implementation process, if there are difficulties or obstacles, agencies, organizations, and individuals are requested to promptly report them to the Ministry of Labor, Invalids, and Social Affairs for consideration and resolution./.