10/2021.(IX. 28.) on the local regulation of child protection

Tiborszállás Község Önkormányzata Képviselő-körperületének

10/2021.(IX. 28.) of the Municipal Council of

Local rules on child protection

The Representative Body of the Municipality of Tiborszállás, acting on the basis of the authority granted to it under Section 29 (1) and Section 131 (1) of Act XXXI of 1997 on the Protection of Children and Guardianship Administration, acting within the scope of its authority as defined in Section 13 (1) paragraph 8. of Act CLXXXIX of 2011 on Local Governments of Hungary, hereby decrees the following:

  1. Forms of supply
  2. §

(1) The municipality shall ensure the protection of children by providing child welfare services in kind and personal care.

(2) The municipality shall provide benefits in kind:

  1. a) institutional childcare
  2. aa) in a crèche,
  3. ab) in educational institutions (kindergarten, school) run by the Seventh-day Adventist Church,
  4. b) childcare during the holidays.

(3) The municipality shall provide child welfare services as personal care:

  1. a) the child welfare service,
  2. b) the temporary care of children,
  3. c) day care for children in a day nursery.
  4. A common rules for benefits in kind
  5. §

(1) The application for benefits must be submitted to the head of the institution providing the benefits.

(2) The application shall be accompanied by the declarations in accordance with Annexes 5-9 of Government Decree 328/2011 (XII.29.) on the fee for basic child welfare services and specialised child protection services providing personal care and the evidence that may be used for their application, depending on the type of service the application is directed to provide.

(3) The head of the institution shall decide on the application for benefits within 15 days of the submission of the application.

(4) The decision must include:

  1. a) the starting date for receiving the benefit,
  2. b) the fee to be paid.

(5) The head of the institution shall notify the applicant of the decision without delay.

(6) If the applicant contests the decision of the head of the institution, he/she may appeal to the maintainer within 8 days of receipt of the contested decision to change the decision. The mayor shall decide on the application by delegated power.

(7) If the child does not receive childcare due to illness or other reasons, the parent shall notify the municipality by 09.00 hours:

  1. a) the absence and its expected duration, and
  2. b) the end of the reason for the absence and the date when the child will be entitled to childcare during the holidays.

(8) Benefits in kind shall cease or may be terminated on the first day of the month following the month in which they are provided, on the basis of a decision of the head of the institution:

  1. a) if the person liable to pay the fee fails to comply with the obligation to pay the fee despite being requested to do so and is in arrears for at least three months,
  2. b) the child does not use the benefit continuously for at least 30 days without good reason.
  3. Institutional childcare
  4. §

(1) The municipality shall provide child care in educational institutions operated by the Seventh-day Adventist Church through its own kitchen.

(2) The municipality shall provide institutional childcare through the kitchen of the Satu Mare Sub-regional Day Care Centre maintained and operated by the Satu Mare Sub-regional Day Care Centre Association.

  1. Childcare during the holidays
  2. §

(1) The municipality shall provide holiday meals for children through the kitchen it maintains and operates.

(2) At the request of the parent or legal guardian, the municipality shall provide free of charge holiday meals for disadvantaged children and children with cumulatively disadvantaged children receiving regular child protection benefits.

(3) The municipality shall provide child meals during the holiday period by consumption on the premises of the institution or by take-away, according to the request of the applicant. The parent or other legal representative or a person authorised by the parent or other legal representative is entitled to take away the food in a food barrel.

  1. Provision of basic child welfare services
  2. §

(1) Child welfare services shall be provided by the municipality through the Satu Mare Small Area Social Basic Services Centre maintained and operated by the Satu Mare Small Area Social Basic Services Association.

(2) The temporary care of children shall be provided by the municipality on the basis of a care contract concluded with the Municipality of Szabolcs-Szatmár-Bereg County.

(3) Day care for children is provided by the municipality through the Satu Mare Sub-regional Day Care Centre maintained and operated by the Satu Mare Sub-regional Day Care Centre Association.

  1. A common rules for personal care services
  2. §

(1) The application for benefits must be submitted to the head of the institution providing the benefits.

(2) The head of the institution shall decide on the application for benefits within 15 days of the submission of the application.

(3) The decision must include:

  1. a) the starting date for receiving the benefit,
  2. b) the fee payable, if the service is subject to a charge.

(4) The head of the institution shall notify the applicant of the decision without delay.

(5) If the applicant contests the decision of the head of the institution, he/she may appeal to the maintainer within 8 days of receipt of the contested decision to change the decision. The mayor shall decide on the application by delegated power.

(6) The benefit shall be terminated in cases other than those specified in Articles 37/A and 42/A of Act XXXI of 1997 on the Protection of Children and Guardianship Administration (hereinafter: Gyvt.):

  1. a) if the beneficiary establishes his/her place of residence or stay outside the territory of the institution, on the day specified in the parent's declaration,
  2. b) the date on which the institution ceases to exist, without successor in title,
  3. c) if the municipality in the service area leaves the service, the date of withdrawal.

(7) In the cases set out in points (b) to (c) of paragraph (6), the beneficiary shall be informed of the date of termination at least 15 days before the termination.

  1. Reimbursement fees
  2. §

(1) The benefits specified in Section 1(2)(b) and Section 1(3)(a) to (b) are free of charge.

(2) The benefits specified in Section 1 (2) a) and Section 1 (3) c) shall be subject to a fee.

(3) The fee shall be set in accordance with the Gyvt. (2) of § 146 (2) of the Health Care Act.

(4) The fees for fee-paying benefits are set out in Annex 1 to the Regulation.

  1. Data protection
  2. §

(1) The person entitled to child protection benefits shall provide all data necessary for the keeping of records under the Gyvt.

(2) The provider of child protection services may use the data referred to in paragraph (1) only for the purposes specified in the Gyvt.

  1. Final provisions
  2. §

This Regulation shall enter into force on 30 September 2021.

  1. §

The Municipal Decree 2/2021 (II.24) on the local regulation of child protection is repealed.

Annex

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