Circular No. 23/2010/TT-BLDTBXH stipulates the intervention and assistance procedures for children subjected to violence and sexual abuse.

CIRCULAR

Regulations on intervention and assistance procedures for children subjected to violence and sexual abuse

186/2007/NĐ-CP

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PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular stipulates the procedures for intervention and assistance for children subjected to violence and sexual abuse.

Article 2. This Circular applies to child protection and care officers at all levels, labor, invalids, and social affairs agencies at all levels, people's committees at all levels, and related organizations, groups, and individuals involved in the intervention and assistance for children subjected to violence and sexual abuse.

Article 3. Children subjected to violence, children subjected to sexual abuse

Clause 1. Children subjected to violence are victims of one of the following acts:

Point a) Insulting, cursing, defaming, humiliating, isolating, driving away, or causing persistent psychological pressure, causing mental harm, affecting the development of children;

Point b) Beating, mistreating, abusing, or intentionally committing other acts that harm the health or life of children;

Point c) Treating poorly, depriving of food and drink, exposing to cold, making wear torn clothes, not allowing or limiting personal hygiene; forcing to perform actions contrary to societal morals;

Point d) Forcing children to work beyond their strength, beyond the prescribed time, performing heavy, dangerous work, or coming into contact with toxic substances and working in service establishments easily exploited for prostitution activities.

Clause 2. Children subjected to sexual abuse are victims of one of the acts of sexual assault, intercourse, rape, or forced intercourse.

Article 3. Explanation of Terms

Clause 1. The perpetrator of the offense is the person who commits violent acts or sexual offenses against children.

Clause 2. Intervention and assistance are activities aimed at preventing and eliminating the risks of repeated violence and sexual abuse against children; restoring physical, psychological, and social communication; reintegrating children subjected to violence and sexual abuse into family, community, and school life.

Clause 3. Confidentiality regarding information related to sexually abused children: Keeping confidential information related to sexually abused children to protect the best interests of the child, except when providing information to authorized agencies, organizations, or individuals to carry out tasks in handling perpetrators; intervening and assisting children subjected to sexual abuse.

Clause 4. Children in emergency situations: Children who are victims of violent or sexual offenses, if not intervened promptly, will continue to be subjected to violence and sexual abuse, endangering their lives or causing severe mental and physical injuries, affecting normal development.

Clause 5. Child protection and care officers are civil servants of state management agencies, staff of public institutions, contractual officers, persons assigned responsibilities, volunteers, and cooperators in the field of child protection and care at all levels.

Article 5. Principles of intervention and assistance for children subjected to violence and sexual abuse

Clause 1. Timely intervention and assistance using appropriate measures in accordance with the law, for the rights and best interests of children;

Clause 2. Ensuring confidentiality regarding information related to sexually abused children;

Clause 3. Ensuring continuity in intervention and assistance; promoting the role and responsibility of individuals, families, communities, agencies, and organizations in the activities of intervening and assisting children subjected to violence and sexual abuse.

Chapter II

INTERVENTION AND ASSISTANCE PROCEDURES FOR CHILDREN

SUBJECTED TO VIOLENCE AND SEXUAL ABUSE

Article 5. Steps in the process

The intervention and assistance process for children subjected to violence and sexual abuse includes the following steps:

1. Receiving information; conducting initial risk assessment; implementing temporary safety measures for children in emergency situations.

2. Collecting information, verifying, and conducting a specific risk assessment for children subjected to violence and sexual abuse.

3. Developing and approving an intervention and assistance plan for children subjected to violence and sexual abuse.

4. Implementing intervention and assistance activities.

5. Reviewing and assessing risks post-intervention and assistance, and reporting on the results of the intervention and assistance.

Article 6. Receiving information; conducting initial risk assessment; implementing temporary safety measures for children in emergency situations

1. Child protection and care officers at the commune level are responsible for receiving information from all citizens and organizations regarding cases of children subjected to violence and sexual abuse.

2. Upon receiving information about cases of children subjected to violence and sexual abuse, child protection and care officers at the commune level are responsible for:

a) Promptly and fully recording information about the case;

b) Reporting to the Chairman of the People's Committee at the commune level and coordinating with relevant individuals, agencies, organizations, families, schools, neighbors, and friends of the victimized child to verify the authenticity of the information, while supplementing related information through direct visits to the area or via telephone;

c) Conducting an initial risk assessment to form an opinion on the current status of the child;

d) In cases where the child is in an emergency situation, it is necessary to coordinate with relevant agencies, organizations, and individuals to immediately implement temporary safety measures for the child before proceeding with subsequent steps;

e) Reporting the case to the Department of Labor, Invalids, and Social Affairs to receive guidance and support.

3. The receipt, recording of information, initial risk assessment, and implementation of temporary safety measures for children in emergency situations shall be carried out according to the guidance template (Template 1).

Article 7. Collecting Information, Verifying, and Conducting Specific Risk Assessment

1. Child protection and care officers at the commune level cooperate with individuals, families, agencies, and organizations to collect information, verify, and conduct a specific risk assessment for cases of children subjected to violence and sexual abuse.

2. The content of collecting information, verifying, and conducting a specific risk assessment includes:

a) Collecting information related to the child's living environment (the child's past and present condition; the child's relationship with family members; the child's relationship with the perpetrator; the child's relationship with the child-care environment...);

b) Based on the collected information, conducting a specific risk assessment for the child to identify issues and needs of the child subjected to violence and sexual abuse, serving as a basis for developing an appropriate and effective intervention and assistance plan;

c) Collecting evidence for criminal complaints, serving as a basis for competent authorities to handle acts of violence and sexual abuse against children.

3. The collection of information, verification, and specific risk assessment for cases shall be carried out according to the guidance template (Template 2).

Article 8. Construction and Approval of Intervention and Assistance Plans

1. Child protection and care officers at the commune level shall coordinate with officers from public security, judiciary, health, education sectors and related organizations to develop intervention and assistance plans for children subjected to violence and sexual abuse.

2. The intervention and assistance plan shall be based on the conclusions of the risk assessment in Model 2 and the consensus opinions of relevant sectoral officers, including the following contents:

a) Prioritizing issues that need to be resolved for the child;

b) Identifying needs requiring intervention and assistance to address each issue of the child;

c) Determining goals to be achieved to resolve issues and meet the child's basic needs based on available resources and capabilities;

d) Determining intervention and assistance measures and resources needed to achieve the goals;

e) Proposing specific responsibilities of individuals and units in coordinating the provision of support services.

3. The intervention and assistance plan shall be developed according to the guidance model (Model 3) and submitted for approval by the People's Committee at the commune level.

Article 9. Implementation of Intervention and Assistance Activities

1. Based on the approved plan, child protection and care officers at the commune level shall coordinate with individuals, families, agencies, and organizations involved to implement intervention and assistance activities for children subjected to violence and sexual abuse.

2. When implementing intervention and assistance activities, child protection and care officers at the commune level have the responsibility to:

a) Monitor and supervise the implementation of intervention and assistance activities to promptly adjust such activities as necessary;

b) Mobilize the community, individuals, and organizations to participate and provide support to meet the care needs of children subjected to violence and sexual abuse;

c) Connect with existing services to meet the assistance needs of children subjected to violence and sexual abuse.

3. Monitoring and supervising the situation and results of implementing the intervention and assistance plan according to the guidance model (Model 4).

Article 10. Review and Risk Assessment After Intervention and Assistance and Reporting on Intervention and Assistance Results

1. Child protection and care officers at the commune level shall be responsible for coordinating with relevant sectors to organize the review and risk assessment of children after the implementation of intervention and assistance activities.

2. The risk assessment of children after the implementation of the intervention and assistance plan aims to make judgments and conclusions about the child's condition, serving as a basis for proposing subsequent solutions:

a) If the child is no longer at risk of violence or sexual abuse, and physical, psychological, cognitive, and emotional factors of the child are stable, the child protection and care officer at the commune level shall file the case and report as prescribed;

b) If the child still faces risks of violence or sexual abuse, or if physical, psychological, cognitive, and emotional factors of the child are not stable, it is necessary to continue reviewing and assessing risks, the results of previous interventions and assistance, and developing subsequent intervention and assistance plans.

3. The review and risk assessment of children after the implementation of the intervention and assistance plan according to the guidance model (Model 5).

Chapter III

IMPLEMENTATION

Article 11. Responsibilities of Provincial People's Committees and District, County, City, and Town People's Committees under Provinces

Direct the Department of Labor - Invalids and Social Affairs and other relevant agencies within their jurisdiction to implement intervention and assistance for children subjected to violence and sexual abuse in accordance with this Circular.

Article 12. Responsibilities of the Department of Labor - Invalids and Social Affairs of provinces and centrally governed cities

1. Direct the system to organize the implementation of the intervention and assistance procedures for children subjected to violence and sexual abuse.

2. Coordinate with relevant sectors to develop various forms of child protection services, gradually meeting the urgent needs for intervention and assistance of children in emergency situations. Establish Child Social Work Centers; hotlines for counseling to connect child protection services.

3. Support the resolution of serious cases that exceed the capacity of communes and districts.

4. Coordinate with related agencies at the same level to direct, inspect, and supervise the implementation of the procedures.

5. Report periodically every six months and annually to the Ministry of Labor - Invalids and Social Affairs on the situation and results of the work of intervening and assisting children subjected to violence and sexual abuse in the locality, and report promptly when required.

Article 13. Responsibilities of the Office of Labor - Invalids and Social Affairs of districts, counties, towns, and provincial cities

1. Direct and guide communes to implement the intervention and assistance procedures for children subjected to violence and sexual abuse.

2. Coordinate with relevant sectors to develop various forms of child assistance services; establish counseling offices for child assistance, coordinate with the People's Committee at the commune level to set up counseling points for child assistance in communities and schools within the area.

3. Support the resolution of serious cases that exceed the capacity of communes.

4. Coordinate with related agencies at the same level to direct, inspect, and supervise the implementation of the procedures.

5. Report periodically every six months and annually to the Department of Labor - Invalids and Social Affairs on the situation and results of the work of intervening and assisting children subjected to violence and sexual abuse in the locality, and report promptly when required.

Article 14. Responsibilities of the People's Committee at the Commune Level

1. Assign staff, allocate means, and designate reception points for reports about children subjected to violence and sexual abuse.

2. Promote, mobilize, and guide individuals, families, and communities to detect and provide information about children subjected to violence and sexual abuse.

3. Direct the development and approval of intervention and assistance plans for children subjected to violence and sexual abuse.

4. Direct related departments to develop various forms of child protection services; form adult volunteer networks; child volunteer networks; counseling points for child assistance in communities and schools within the area.

5. Mobilize resources to maximize the implementation of intervention and assistance plans for children to minimize risks causing harm to children in cases of violence and sexual abuse.

6. Store records of interventions and assistance for children subjected to violence and sexual abuse.

7. Report periodically every six months and annually to the Office of Labor - Invalids and Social Affairs on the situation and results of the work of intervening and assisting children subjected to violence and sexual abuse in the area, and report promptly when required.

Chapter IV

IMPLEMENTING PROVISIONS

Article 15. Effective Date

1. This Circular takes effect forty-five (45) days from the date of issuance.

2. During the implementation process, if there are difficulties or obstacles, they should be reflected to the Ministry of Labor - Invalids and Social Affairs for timely guidance and supplementation.