Showing posts with label social law. Show all posts
Showing posts with label social law. Show all posts

Law nr. 123 from 18.06.2010


    Article 1. Getting Started
    In this law, the following definitions:
    social services - a set of measures and activities designed to meet the social needs of the person / family to overcome some difficult situations, to prevent marginalization and social exclusion;
    initial assessment - the first investigation by the social worker in residential community or location of the beneficiary, in order to identify the individual needs of the person / family and establishing their right to receive social services;
    comprehensive assessment - investigation and detailed analysis of the case, made the place of residence or location of the beneficiary, the beneficiary's social network interaction and direct involvement of experts from relevant institutions, aimed at identifying the needs of the person / family , the family and community resources available, the recommendation of social services care plan and develop social
    social care plan - written plan developed under the model plan approved by the Ministry of Labour, Social Protection and Family, comprising mainly the activities identified to meet the needs of the beneficiary, such as social services, the duration of the their staff responsible. Social care plan is developed and implemented with the active participation of the beneficiary and his family or his legal representative;
    social unit - subdivision organizational working at community level, with funding provided by local authorities of second level, the purpose of providing social services closer to the beneficiaries;
    territorial social structure - internal administrative structure established under the principle of organizational autonomy by local authorities of second level, the purpose of implementing social policies.

    Article 2. Object of the Law
    This law establishes the framework for the creation and operation of integrated social services, to determine duties and responsibilities of central and local government, other legal entities and individuals entitled to insurance and social services and protection of beneficiaries of social services .

    Article 3. The principles underlying the provision social services
    Social services is based on the following principles:
    a) the principle of targeted social assistance, which provides social services directed to those priority / disadvantaged families, as identified by assessment of individual needs;
    b) customer-centered principle, which provides social services to the needs of adaptation (the process of continuous change) beneficiaries based on systematic assessment of the impact of services on the situation of the beneficiary;
    c) the principle of accessibility, which provides access for persons / families deprived to all types of services (by informing people about existing social services, social services and new location near their beneficiaries) and their adaptation to the needs of beneficiaries;
    d) the principle of equal opportunities, which provides social services law to all persons / families in disadvantaged circumstances are treated equally and without discrimination;
    e) the principle of prompt, which provides timely decision making on social services.

    Article 4. The right to social
    The right to social services is determined individually based on needs assessment of the person / family services.

    Article 5. Enforcement
    This law applies to:
    a) Moldovan citizens and foreign citizens, refugees and stateless persons residing in Moldova under the law;
    b) natural and legal persons (irrespective of its ownership and legal form of organization) domestic and foreign residence / office in Moldova.


     Article 6. Classification of social services
     (1) Social services are classified into the following types:
     a) basic social services;
     b) specialized social services;
     c) highly specialized social services.
     (2) basic social services are services that are granted to all beneficiaries and community level aimed at preventing or limiting some difficult situations that can cause marginalization and social exclusion.
     (3) Social services are services that involve specialized training aimed at specialists and maintenance, rehabilitation and development of individual capacities to overcome a difficult situation in which the beneficiary or his family.
     (4) Social services are highly specialized services in a residential facility or in a specialized temporary placement, which requires a complex series of interventions which may include any combination of specialized social services, provided beneficiaries with increased dependency and require continuous monitoring (24/24 hours).


    Article 7. Social service providers
    (1) Providers of social services may be natural or legal persons of public or private.
    (2) Providers of public social services are:
    a) social institutions created and managed by the central government;
    b) local authorities of second level;
    c) local authorities first level.
    (3) Providers are deprived of social services:
    a) public associations, foundations, private non-profit institutions, registered under the law - all the activity in the social sphere;
    b) legal entities and individuals - businesses for profit, registered under the law.
    (4) social service providers can organize and provide social services that are accredited under the law.
    (5) conditions for accreditation of providers of social services are regulated by special law.

    Article 8. Powers of government central authorities
    (1) Ministry of Labour and Social Protection is specialized central authority to carry out social policies and perform main tasks in the social service delivery at national level. Ministry of Labour and Social Protection, the purpose of providing social services:
    a) develop and promote social welfare policies, including social services and in promoting the rights of disadvantaged people;
    b) draft legislation on the organization, operation and development of integrated social services;
    c) regulate and organize the inspection system of social services, social services perform quality control and compliance with laws in the field of social service providers, regardless of its ownership and legal form of organization;
    d) consult employers, trade unions and civil society and coordinate with them at national level, the draft laws of economic-social;
    e) consult and support local authorities on planning, organization and social services;
    f) organize and manage social institutions providing highly specialized services when such institutions are not organized and managed by local authorities.
    (2) Exercise of powers by other central public administration authorities, which are subordinated and their management and institutions providing social services, must not conflict with this law and normative acts regulating social services. In this respect, other central public administration authorities:
    a) will take steps to de-institutionalization and family and community reintegration of beneficiaries;
    b) Ensure access to competent authorities in the institutions they manage to inspect the quality of social services;
    c) will provide information Ministry of Labour, Family and Social Services provided the subordinated institutions;
    d) shall cooperate and coordinate all activities of social service.

    Article 9. Powers of government authorities second level of local public
    (1) Local authorities of the second ensures the development and management of social services in accordance with the powers established by law, based on identified needs of the population of the territory administered either independently or jointly with other local public administration authorities, and in collaboration with businesses, employers, unions and associations in the territory of the country and abroad.
    (2) The functions of social service in administrative units of the second level attribute to territorial social structures, these having direct responsibility for diversity and social services aimed primarily at maintaining beneficiary family and community of origin .
    (3) In exercising their functions, structures have unconditional territorial social assistance, as appropriate, to support police, public institutions of education, health and other areas.
    (4) the purpose of providing social services, local authorities of second level in the given territory, the following functions:
    a) inform the public and give advice on social services and the rights of these services;
    b) analyze community needs on social services;
    c) plans and identify the types of social services funds for these services according to established needs, including the purchase of social services that are not available or not economically reasonable to perform individually;
    d) establish, reorganization or liquidation, in established institutions that provide social services and their function;
    e) submit requests / complaints to the competent body concerned with social services if the applications / claims beyond the limits of its competence;
    f) inform without delay the competent authorities about violations of law in the provision of social services and the inadequacy of cases prescribed requirements;
    g) assess needs and determine if the person / family social services, according to their needs, provide adequate social services;
    h) monitors the social service and organizing quality assessment of these services provided by service providers, regardless of its ownership and legal form of organization, the territory administered;
    i) submit to the Ministry of Labour, Family and the information gained from monitoring and evaluation of local social services provided in the form and prescribed periods.

    Article 10. Powers of government authorities first level local
    (1) Local authorities first level contribute to the development and delivery of social services in the territory administered and approved in accordance with law, necessary financial resources.
    (2) direct the work of social service is carried out through social unit social workers and social workers, selected and employed in accordance with law in cooperation and collaboration with other existing services in the community.
    (3) Local authorities first level, the provision of social services administered territory, the following functions:
    a) inform the public and give advice on social services and the rights of these services;
    b) analyze community needs on social services;
    c) participate in the selection and employment of social workers and social workers;
    d) facilitate and support the work of social workers and social workers administered territory;
    e) types of social services plan as necessary given the population of the territory and resources to these services;
    f) support of public associations operating in the territory administered social services sector;
    g) provide territorial social structure data gathered from monitoring and evaluation of social services offered in the form and within prescribed periods.

    Article 11. Associations working the social services sector
    (1) the purpose of protection of beneficiaries of social services, NGO working in the field of social services in accordance with its statute and the law, is entitled:
    a) to provide social services and participate in realization of state programs and projects in social services, according to law;
    b) to notify under requests from beneficiaries or office, state authorities with social services, law enforcement and controlling bodies of social services about violations of rights of beneficiaries;
    c) to receive from the state authorities with social services information and referrals on the proposals submitted;
    d) to conduct investigations to identify needs and gaps in social services, and the individual rights to social services;
    e) to submit the central and local proposals to amend state laws and policies on social assistance and social services;
    f) to inform the public through the media about state policies in the provision of social services, the violation of rights and interests of beneficiaries of social services and the results of public consultation;
    g) to bring actions in court the rights of beneficiaries of social services.
    (2) The rights provided in par. (1) their foundations, private non-profit institutions, organizational forms of civil society incorporated under the laws and legal entities and individuals - businesses for profit, under the law.


     Article 12. Rights of recipients of services social
     Rights of recipients of social services are provided by:
     a) the rights and freedoms, excluding all forms of discrimination;
     b) protection against all forms of violence, physical or mental injury or abuse, neglect, maltreatment or exploitation, as well as information on any risk and other social rights;
     c) communication in terms accessible, information on fundamental social and legal protection measures, as well as those concerning the conditions to be met to obtain it;
     d) encouraging beneficiary participation in making decisions on social services;
     e) expressing their opinion on social services provided;
     f) the confidentiality of information provided;
     g) protection of property of the recipient when it has full legal capacity, being cared for at home or in institutions;
     h) respecting the dignity and personal privacy of the recipient.

     Article 13. Obligations of recipients of services social
     Recipients of social services shall:
     a) provide accurate and informative on identity, family situation, social, economic and health status of their being responsible for the accuracy of such information;
     b) participate in making decisions on social services;
     c) contribute, in accordance with law, to social services;
     d) to communicate any change in their situation.


    Article 14. Identify service users social
    (1) In order to apply for social services, any person who considers a social risk status or any person / family deprived, neglected or abused, originally addressed to a request in writing or social unit in its home range. Request for social services can be addressed directly to another provider of social services provided in art. 7, place of residence of the applicant.
    (2) acting in the interests of the person / family and community social security, demand for social services individual / family, referred to in para. (1), may be submitted by community members or other stakeholders, which will indicate why the person or legal representative may file the application itself.
    (3) Employees of educational institutions, public health care, of the provision of social services, police and other competent bodies have information concerning the need to allow social services to individuals / families are obliged to inform without delay, in Within 24 hours, the social unit living at the person / family. In such conditions, such cases will be considered without application of the person or legal representative.

    Article 15. Examination
    Pursuant to the request under Art. 14, social assistance unit:
    a) providing information or advice at this time or at most three days, if unable to grant their immediate;
    b) provide initial assessment of the needs of the person / family for the purpose of providing social services;
    c) shall immediately, in emergency situations, the social services, with direct involvement of the competent authorities.

    Article 16. Initial assessment
    (1) The initial assessment takes place within 10 days from the date of the filing, the decision having to be notified immediately so the person who submitted the application, as well as the person to whom the request was written.
    (2) social unit, from the initial assessment, is entitled:
    a) dismiss the application, justifying the decision that the person was denied social services;
    b) provide one-time intervention;
    c) to carry out the complex;
    d) to refer the case after the jurisdiction in emergencies to social services when the case can not be solved at the community level.
    (3) In case of acceptance of application, the territorial structure of social support through social unit, provides social services necessary to meet the identified needs of the beneficiary. Purposes of compliance with the right recipient in the family, the territorial structure of social assistance provides solutions to prevent family separation, and where this is not possible, identify solutions to gather family members as often as possible and in places accessible for everyone.

    Article 17. Complex evaluation
    (1) If the results of the initial or one-time intervention is insufficient to meet the needs of individual, social unit performs comprehensive evaluation, coordinating all activities with territorial social structure.
    (2) comprehensive assessment is achieved through direct training of specialists and / or related fields, with the obligatory participation of the beneficiary and those who conducted the initial assessment, and be completed within 10 days from the date of taking over the case for assessment complex.
    (3) The assessment of complex territorial structure by developing the individualized social assistance recipient, which provides, as appropriate, the following recommendations:
    a) basic social services in the community where the beneficiary resides;
    b) social services specialist, established in accordance with care plan or the beneficiary's biological family or a foster family or in day centers or temporary accommodation, primarily in residential area of ​​origin and complementary administrative-territorial unit close to the same level or second level;
    c) refer to highly specialized social services.

    Article 18. Guarantees on service delivery highly specialized social
    (1) The territorial structure of welfare case refers to highly specialized social services only if they are reasonable grounds to believe that the options provided in art. Article 17. (3). a) and b) can not meet the identified needs of the beneficiary, and denial of social services is a highly specialized risk to life beneficiary.
    (2) highly specialized social services is granted only if the beneficiary was referred following a comprehensive assessment by territorial social structure of the place of residence of the beneficiary.
    (3) The provider of highly specialized social services, regardless of legal form of organization and subordination, not accept highly specialized social services to any beneficiary without:
    a) comprehensive evaluation and individualized plan without assistance;
    b) motivated decision to refer the case for the provision of highly specialized social services.
    (4) The material conditions of the poor person / family is not only reason for it to be referenced to receive highly specialized social services.
    (5) In emergency situations, only in cases of imminent danger to life and health, social services highly specialized can be granted, by derogation from paragraph. (3), for a term not exceeding 30 days, time at which the complex assessment and care plan is drawn up with the direct involvement of representatives of local social structure from place of residence of the beneficiary.

    Article 19. Periodic review of plan individualized assistance
    (1) To determine the effectiveness of social services provided and need further assistance or cessation assistance, beneficiary situation is reassessed periodically by social service.
    (2) Review care plan shall be mandatory:
    a) after the first month of providing social services;
    b) three months of granting social services;
    c) when necessary, but not less frequently than every six months.
    (3) Based on the review, social service supplement or amend care plan or cease providing social services.

    Article 20. Evidence of social services
    (1) Evidence of any social services provided in a register is taken by the service provider gives you, the beneficiary's full name is included, personal data, home address, the question that asked about social services, while awaiting the result of rendering the services.
    (2) registration, maintenance and use of personal data of recipients of social services carried out in accordance with Law no. 17-XVI of 15 February 2007 on the protection of personal data.


     Article 21. General provisions on inspection social services
     (1) Inspection of social services carried out by Social Inspection under the Ministry of Labour and Social Protection.
     (2) Inspection social action extends to all social service providers, regardless of its ownership and legal form of organization. Social services to conduct regular inspection in accordance with the law. Are involved in inspection of civil society, including beneficiaries of social services.
     (3) reports on the results of social Inspection shall be published periodical information bulletin and the website of the Ministry of Labour, Social Protection and Family.

     Article 22. Inspection social objectives
     Social Inspection has the following objectives:
     a) application of the law on social services;
     b) standards of quality social services;
     c) improving quality and efficiency of social services;
     d) guidance and methodological support of social service work;
     e) ensuring social rights of beneficiaries.


    Article 23. Monitoring and evaluation of services social
    (1) Monitoring of social services is a continuous and systematic process of gathering information based on specific indicators, which analyzes the dynamic progress of implementation activities and objectives of social services.
    (2) Evaluation of social services is a process of analysis of monitoring data and other information to assess whether the objectives of social services, social services implementation, effectiveness, impact and their sustainability.

    Article 24. Role of Labour and Family in monitoring and evaluation of integrated social services
    Ministry of Labour and Social Protection is responsible for conducting monitoring and evaluation of integrated social services through the development and application of methodology in the field and by analyzing the impact of social services to persons / families.

    Article 25. The role of government in monitoring local and evaluation of social services
    (1) social unit collects primary information on social services provided in community and social support have territorial structure.
    (2) The territorial structure of social assistance submitted to the Ministry of Labour, Family and reports the information required under the monitoring and evaluation methodology of the impact of social services, including private sector services.
    (3) private providers of social services are responsible for submitting reports to the social assistance units, respectively, the spatial structures of social assistance as required to monitor and evaluate social services.


     Article 26. General provisions on financing social services
     (1) Social services are financed from:
     a) budget - for the tasks specified in Art. 8;
     b) budgets of administrative-territorial - for the tasks specified in Art. 9:10;
     c) their sources of social service providers - for activities specified in Art. 11;
     d) other sources according to law.
     (2) The financing of social services is determined by the legislative framework governing inter-relations.
     (3) social services funding sources specified in par. (1). a) and b) is based on principles of competition and quality.
     (4) central government and local authorities can obtain social services and contract law.

     Article 27. Financing Partnership
     Financing of social services may be made ​​jointly by the state budget, the budget administrative units of the first and second, under the powers provided in Chapter III.

     Article 28. Other sources of funding
     (1) The financing of social services revenues are used for social service providers, donations, sponsorships and other contributions from individuals or legal entities in the country and abroad, and other sources, according to law.
     (2) Depending on income, a user can contribute to social service delivery, according to law.
     (3) social service providers are entitled to carry out economic activities for self-financing social services.


      Article 29. Settlement of disputes
      (1) Disputes in the provision of social services can not be solved in terms of mutual conciliation between the parties concerned are referred to the court settlement, according to law.
     (2) The administrative acts that are violated rights and interests of the person or entity involved in relationships in the provision of social services may be appealed in administrative court.
     (3) Applications to the administrative court to resolve disputes about the right to social services or these services are exempt from fees.
     Article 30. Liability for failure legislation
     Failure to observe this law is held liable under the law.


     Article 31
     (1) This Law shall enter into force on expiry of 6 months after publication.
     (2) Prior to the accreditation of providers of social services provided in art. Article 7. (4), activities that provide social services providers entry into force of this Act is governed by the law.
     (3) Government within 12 months from the date of publication of this law will bring its legislation in accordance with its provisions and will submit proposals on bringing the legislation into conformity with this law.

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