These rules are established in accordance with Article 117 of the Children and Youth Welfare and Rights Protection Act (hereinafter referred to as 'this Act').
Regarding the prevention of legal violations by the police authorities as stipulated in Article 7, Paragraph 2, Item 6 of this Act, it includes inspections, guidance, and prevention of prohibited behaviors as outlined in Articles 43 and 47 concerning children and youth; the legal prevention responsibilities of the judicial authorities as stated in Article 7, Paragraph 2, Item 7 of this Act include coordinating and adjusting prevention strategies to effectively deter juvenile crime.
The government shall cultivate professionals in child and youth welfare as required by Article 11 of this Act, which may be done through related programs in institutions of higher education or by delegating training to relevant agencies, schools, or organizations.
The government shall regularly conduct pre-service and in-service training, at least once a year.
The fines imposed as per Article 12, Item 3 of this Act shall be fully utilized for promoting child and youth welfare services.
The notification period stipulated in Article 14, Paragraph 1 of this Act is seven days, calculated from the day following the birth of the child; the date of notification shall be based on the online reporting date or the postmark date; if not reported online or by mail, the date received by the competent authority shall be the notification date.
The term 'professionals' as mentioned in Article 17, Paragraph 2, Item 1, Article 19, Paragraph 2, and Article 21, Paragraph 2 refers to relevant professionals who have passed the examinations for specialized occupational and technical personnel, including social workers, doctors, nurses, clinical psychologists, counseling psychologists, physical therapists, occupational therapists, speech therapists, and audiologists.
The term 'independent living' as defined in Article 23, Paragraph 1, Item 7, and Item 13 of this Act includes the following matters:
- 1. Developing social skills such as career planning, self-care, social skills, and financial management.
- 2. Providing vocational training and employment matching services.
- 3. Offering community housing search assistance and related information services.
The term 'early intervention' refers to the necessary therapy, education, consultation, referral, placement, and other services provided by a team of professionals from social welfare, health, and education sectors based on the individual needs of children under six with developmental delays and their families.
If early intervention does not yield improvements, counseling for applying for disability certification under the Disability Rights Protection Act shall be provided.
The term 'developmentally delayed children' refers to children with suspected abnormalities or anticipated developmental issues in cognitive, physical, language and communication, psychosocial development, or self-care skills, confirmed by an evaluation from a hospital recognized by the health authority.
The timing for re-evaluating developmentally delayed children may be determined by a professional doctor based on the individual case's developmental status.
When placing children and youth according to Article 23, Paragraph 1, Item 9, Article 56, Paragraph 1, or Article 62, Paragraph 1 of this Act, the competent authorities of municipalities and counties (cities) should follow the order of preference as follows:
- 1. Placing with suitable relatives.
- 2. Placing with registered qualified foster families.
- 3. Housing in approved child and youth care institutions.
- 4. Housing in other placement institutions.
If police authorities, schools, or the competent authorities of municipalities or counties (cities) discover that a child or youth has violated provisions outlined in Article 43, Paragraph 1, Item 1 or Item 3 of this Act, they should provide guidance to prevent further violations and may notify the child's or youth's parents or guardians to strengthen supervision as deemed appropriate.
Suppliers of items mentioned in Article 43, Paragraph 1, Item 1 or Item 3 must request proof of age from recipients if there are doubts about their age; if no proof is provided or refused, they should deny supply.
The responsible person of a business location mentioned in Article 47, Paragraph 1 of this Act must prominently display a sign prohibiting entry to children and youth under the age of eighteen at the entrance of the premises. If there are doubts about a customer's age, they must request proof; if no proof is provided or refused, entry should be denied.
Businesses specified in Article 47, Paragraph 1 must submit proof that their premises are more than 200 meters away from kindergartens, elementary, middle, and high schools before commencing operations, registering with the commercial authorities of the municipality or county (city) where the business is located.
The proof referred to in Article 47, Paragraph 4 means a site survey conducted by a certified surveyor, architect, or other qualified professionals, showing the conditions around the application site measured within the last three months. The measurement of 200 meters shall begin from the closest two points of the building boundaries measured in a straight line.
The term 'children and youth needing special care' as mentioned in Article 51 of this Act refers to those who are unable to care for themselves due to illness, injury, or physical or mental disabilities.
The term 'unsuitable persons' as defined in Article 51 of this Act refers to individuals with any of the following conditions:
- 1. Persons without legal capacity.
- 2. Children aged seven years or older but under twelve.
- 3. Those with statutory contagious diseases.
- 4. Those with severe physical or mental disabilities.
- 5. Other individuals posing safety risks to the children and youth in care.
Applications for visitation under the provisions of Article 60, Paragraph 3 of this Act must be made in writing. The competent authority of municipalities and counties (cities) should keep records of the visitation process.
The term 'social workers' defined in Article 61, Paragraph 2 of this Act includes the following personnel:
- 1. Social work and social administration personnel employed by the competent authorities of municipalities and counties (cities).
- 2. Social workers or licensed social workers from social welfare organizations or institutions commissioned by the competent authorities.
- 3. Social workers in medical institutions.
Major changes in family situations that prevent normal living within the family shall be recognized by the competent authority of the residence; if necessary, the authority may consult relevant agencies for confirmation.
The competent authorities of municipalities and counties (cities) should conduct case investigations and consultations, and provide family services to children, youth, and their families placed under this Act.
When handling child and youth cases, local authorities should notify the competent authorities of their residence and household registration to provide information; if they deem it necessary to continue to assist, counsel, or protect the child or youth, they may transfer the case to the competent authority of the household registration location for processing.
If the competent authorities of municipalities and counties (cities) discover that children and youth under placement are experiencing maladjustment with their relatives, foster families, or institutions, they should coordinate to resolve the issues; if the child or youth cannot adapt to living conditions, they should be placed elsewhere.
Case data established in accordance with Article 66, Paragraph 1 of this Act should include the following items:
- 1. Overview of children, youth, their families, and relevant persons.
- 2. Summary of case issues.
- 3. Case analysis and evaluation.
- 4. Evaluation of case treatment results.
- 5. Case visit investigations and follow-up reports.
Other information sufficient to identify individuals as stipulated in Article 69, Paragraph 1 to 3 of this Act includes photographs or images of children and youth, voices, addresses, names of relatives or their relationships, schools attended, or classes.
The conditions defined in Article 69, Paragraph 2, Item 3 of this Act refer to children and youth who are parties or related persons to the events and are required by law to be publicly notified.
Child and youth welfare institutions should be guided and supervised by the respective competent authorities of their designated missions.
When notifying child and youth welfare institutions to improve within a specified period according to the provisions of Article 105, 107, or 108 of this Act, the authorities should require the offenders to submit improvement plans, which will be assessed by the competent authority in conjunction with the relevant mission authorities.
These rules shall come into effect on the date of publication.
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