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2012-08-08
The Protection of Children and Youths Welfare and Rights Act

Article 1

 

The purpose of this Act is to promote healthy development of body and mind, protect their interest, and increase the welfare of children and adolescence (youth).

 

Article 2

 

Children and youth in this Act are people below the age of eighteen. Children are aged below twelve, and youth are regarded as between twelve and eighteen.

 

Article 3

 

Parents or guardians are responsible for the protection and education of children and youth, and should cooperate and assist any measure conducted by authorized agencies, competent authorities, welfare institutes, and groups for children and youth relating to this Act.  

 

Article 4

 

The government, public/private institutes and groups will assist parents and guardians of children and youth or other people who take care of children and youth to maintain health, encourage healthy development of body and mind. They will also provide the necessary protection measures for children and youth to assist guide and treat with early intervention services, life-rehabilitation services for the disabled and other special needs.

 

Article 5

 

The government, public/private institutes, and groups will make the best rights and interests of children and youth their first consideration and balance their opinions according to each individual’s mental maturity when dealing with relevant affairs; the relevant protection and assistance will be the top priority.

In the case of unlawful invasion, the government will properly assist and protect the rights and interests of children and youth.

 

Article 6

 

Authorized agencies as referred to in this Act mean that Ministries of the Interior in the central government; Municipal Government in special municipalities; and Counties falling under the Government of the cities.

 

Article 7

 

The affairs/issues described in the Act that authorizes agencies and authorities to take responsibility for the needs of children and youth with terms and references. They will show respect to multi-cultural differences to develop a positive plan for the welfare of children and youth, while fully cooperating with the relevant authorized agencies relating to welfare affairs.

Authorized agencies and agencies will be in charge of safeguarding of children and youth and implement preventative measures for accidents and injuries. The division of authority and responsibilities are as follows:

1.     Authorized agencies are responsible for the planning, promotion and supervision of the affairs concerning the related welfare policies for children and youth.

2.     Competent authorities in charge of health are responsible for affairs regarding mother and child health, fertility care, early intervention in children with developmental problems, the mental health of children and youth, medical care, medicine, rehabilitation, health insurance, etc.

3.     The authorities in charge of education are responsible for affairs regarding the education of children and youth and related subsidies, special education, preschool education, safety education, family education, alternative education, career education, recreational education, gender equality education, society education, protection of the school interests of children and youth, after-school care for children, etc.

4.     The authorities in charge of labour are responsible for affairs regarding occupational training, employment preparation, employment services, and the maintenance of labour conditions for youth aged below fifteen or youth who have just graduated from junior high school, etc.

5.     The authorities in charge of construction, public works and fire-fighting are responsible for affairs regarding the security management of public facilities, public security, the environment, fire-fighting and recreational facilities, buildings in that children and youth organizations are located, etc.

6.     The authorities in charge of police are responsible for the affairs of children and youth concerning the safeguarding of their personal security, the prevention of law-breaking, missing children and youth, assisting helpless children and youth to find their parents and guardians, etc. 

7.     The authorities in charge of the law are responsible for the affairs regarding the prevention and correction of children and youth that broke the law, treatment of offenders, etc.

8.     The authorities in charge of transportation and communication are responsible for the affairs regarding the transport safety of children and youth, inspection of toddler’s special vehicles, etc.

9.     The authorities in charge of information are responsible for the affairs regarding the protection of reading and listening interests of children and youth, publications recording rating, etc.

10.  The authorities in charge of communication and propagation are responsible for the affairs regarding the protection of the communication and propagation interests of children and youth, planning and promotion of contents rating, etc. 

11.  The authorities in charge of household registration are responsible for affairs regarding the identification of information and household registration for children and youth, etc.

12.  The authorities in charge of finance are responsible for the affairs regarding tax reduction and exemption for children and youth organizations, etc.

13.  The authorities in charge of commerce are responsible for the affairs regarding the planning, promotion and supervision of property trust services offered to children and youth.

14.  The authorities in charge of economic affairs are responsible for the affairs regarding the establishment of standard relevant commodities, non-mechanical recreational facilities, gaming software rating, etc.

15.  The authorities in charge of sports are responsible for the affairs regarding the sporting activities of children and youth.

16.  The authorities in charge of culture are responsible for the affairs regarding art and cultural activities of children and youth.

17.  Individual authorities related to their authority will implement other welfare measures for children and youth.

 

Article 8

The central authorized agencies are in charge of the affairs described in the following points. The central authority will be in charge of such affairs related to its authority as stipulated in the law.

1.     Planning, recommendation, and distribution of the national welfare policy for children and youth.

2.     Supervision and coordination between municipal and county (city) governments regarding the implementation that concerns the welfare of children and youth.

3.     Allocation and subsidization of the central welfare budget for children and youth.

4.     Planning, rewarding, and reviewing of financial support of welfare industries for children and youth.

5.     Planning of related professional training of the people handling the welfare of children and youth.

6.     Communication, exchange, and cooperation with international welfare affairs regarding children and youth.

7.     Planning of protection services for children and youth.

8.     Establishment, supervision, and guidance of the central and national welfare institutes for children and youth.

9.     Planning and supervision of other related topics regarding the national welfare of children and youth.

 

Article 9

Authorized municipal agencies and county (city) government will be in charge of the following affairs. The local authority will be in charge of such affairs related to its authority as stipulated in the law.

1.     Planning, recommendation, distribution and implementation of the welfare policy for children and youth in municipal and county (city) government, local self-government act and programs.

2.     Implementation of central welfare, acts, and programs for children and youth.

3.     Implementation of professional training of the people handling the welfare of children and youth.  

4.     Implementation of protection services for children and youth.

5.     Establishment, supervision and guidance of the welfare institutes in municipal and county (city) governments for children and youth.

6.     Planning and supervision of other related welfare concerns of children and youth in municipal and county (city) governments.

 

Article 10

The director of the authorized agency will act as a convener of the relevant scholars or experts, the related local organizations, group representatives and agency representatives to coordinate, study, examine, consult, and promote the welfare policy for children and youth.

The above-mentioned relevant scholars, experts and representatives of the related local organizations and groups will not be less than half of attendees, where a single gender will not be less than one third. If necessary, invite the youth representatives to attend the meeting.

 

Article 11

The government, public/private institutes, and groups will train professional people on the welfare of children and youth, and regularly conduct pre-employment and on-the-job training.

 

Article 12

The funds for the welfare of children and youth rise from the following sources:

1.     The yearly budget and society welfare fund from each level in the government.

2.     Donations from individuals or associations.

3.     The penalty fine charged for any violation of the law.

4.     Other related income.

 

Article 13

The authorized agency will conduct surveys, compile statistics and analyse the mental development, societal attendance, living conditions, and current needs of children and youth every four years, and announce the results.

Chapter 2

Identity Interest:

 

Article 14

The identified person will report to the health authority the relevant birth information seven days after the delivery of the baby. If it was stillborn, the same applies.

If the person who delivers the baby cannot report the birth without complete information, he/she will repost as mentioned above.

The relevant health authority will forward the birth report as mentioned in Paragraph 1 of this Article to the household and registration authority to handle it in accordance with the relevant regulations. If necessary, the household and registration authority will request the authorized agency, the police authority and other relevant authorities to assist.

The central health authorized agency will provide the relevant data sheet for the report in Paragraph 1 of this Article.

 

Article 15

Only adoption matching services can undertake the placement and education of children and youth by incorporated foundations and public/private institutes (hereinafter referred to as adoption matching services) subject to the approval of the authorized agency.

An adoption matching services agency who offers this services will collect a services charge from the adopter.

The central authorized agency will provide the qualification, application procedure, issuance, revocation and abolishment of licenses, services range, examination of affairs, the fee, basis and other methods abided by management, closure, suspension and renewal.

 

Article 16

Parents and guardians unable to take responsibility for their children’s maintenance and are considering adoption will entrust the adoption matching services agency to search for an appropriate adopter. However, this provision will not be applicable in the case below:

1.     Almost the same peer within six degrees of kinship of relatives and five degrees of kinship of relatives by marriage.

2.     One of the couple adopts the other party’s children.

The adoption matching services agency will conduct the necessary interviews for the adoption before accepting the consignment, and make an assessment report. If adoption is necessary after being assessed; the agency will process the assessment for the adopter, and provide the relevant measures for appropriate guidance and assistance for the adoption services, etc. If adoption cannot be considered after the assessment; the agency will inform or recommend the relevant welfare services.

Adoption referred to in Paragraph 1 of this Article considers the national adopter as priority.

 

Article 17

When applying for adoption of children and youth in court, an adoption assessment report should accompany the application as mentioned in Paragraph 2 of the previous article unless the proviso described in Paragraph 1 of the previous article applies.

The court will order the applicant to amend the report in a certain period if the report has not attached; if the application is overdue without rectification, the application will be invalid.

The court will adapt the below measures before confirming the adoption of children and youth for the court’s reference:

1.     Order authorized municipal agencies, county (city) governments, welfare institutes for children and youth, other appropriate groups or professional personnel to interview and release reports and proposals.

2.     Order the adopter to live with the children and youth for a certain period. During the period of living together, the adopter will be responsible for the children and youth’s interests and needs.

3.     Order the adopter to attend preparation courses for parental education, mental appraisals, drug and alcohol tests or the necessary issues that protect the best interests of the children and youth; any expenses will be at the cost of the adopter.

4.     Order authorized municipal agencies and county (city) governments to survey identification information of abandoned children and youth. 

The interviewer referred to in Paragraph 1 of the previous article will assess the necessity of adoption and offer assistance; if found that adoption is not necessary, the interviewer will propose to the court not to confirm the adoption.

The adopter or interested party for the adoption will present the relevant information or evidence for the court’s reference.

 

Article 18

If parents have different opinions on the adoption of children and youth, or either party’s residence is beyond their control, the other party can until apply to the court for confirmation. The court will confirm the adoption if it is in the best rights and interests of the children and youth.

The court that confirms or rejects the adoption of children and youth will inform the authorized municipal agencies and county (city) governments in writing. These agencies will conduct the necessary interviews or disposals and adjust the record accordingly.

 

Article 19

Once the court confirms the adoption of children and youth, the adoption relation will retrace and validate the date of the written contract; if there is no written contract, the relation will be valid for the date of application to the court. In the case of a trial adoption, the relation will be retraced and the dates of living together validated.

The application procedure will be terminated when children and youth die after the application of adoption is confirmed and before the court’s verdict. If the adopter is dead, the court will order the authorized municipal agencies, county (city) government, welfare institutes for children and youth, other appropriate groups or professional personnel to assess the situation and present reports and proposals. If the adoption is confirmed to be in the best rights and interests of the children and youth, the court will reach a verdict that the adoption has the same validity as described in the above paragraph.

 

Article 20

If adoptive parents impose any of the following acts on the adopted children, the adopted children, interested parties or authorized agencies will declare the relation of adoption terminated:

1.     Any of the acts described in any Paragraph of Article 49.

2.     Violate regulations described in Paragraph 2 of Article 43, Paragraph 2 of Article 47, and  seriously violate the regulations.    

 

Article 21

The central authorized agency will keep the relevant information of the position and health of the adoptee, adopter and adopted children and youth.

The adoption matching services agency and authorized municipal agencies and county (city) governments, welfare institutes for children and youth, other appropriate groups or professional personnel will regularly submit the relevant adoption information described in the previously mentioned Paragraph to the central authorized agency for its safekeeping.

The personnel who are in charge of the adoption affairs, information safekeeping, or other relevant affairs will maintain the information of parties’ privacy mentioned in Paragraph 1, and it will remain secret unless otherwise stipulated in the law.

The range, source, management, and method mentioned in Paragraph 1 will be enacted by the central authorized agency.

 

Article 22

The authorized agency will ask for assistance from household and registration, the immigration agency in charge of the relevant affairs of household registration, naturalization, residence, or settlement for children and youth who do not apply for household registration, are stateless, or have failed to acquire a residence and settlement permit.

Before completing their household registration or acquiring a permit of residence and settlement the law will protect the social welfare services, medical care, and schooling rights and interests of the children and youth.

 

 

Chapter 3

Welfare Measures:

 

Article 23

 

Municipalities and county (city) governments will establish integrated services mechanisms, and encourage, guide and entrust the private sector to self-manage the following welfare measures for children and youth:

1.     Establish an early notification system for developmentally delayed children, and provide an early prevention services.

2.     Be in charge of childcare services.

3.     Provide children, youth, and their families with consultation services.

4.     Provide children, youth, and their families with parental education.

5.     Anyone who is incapable to bring up children or the wards aged below twelve will be nursed, supported by his/her family living or medically cared for as necessary.

6.     Youth who are incapable to make a living or are at school, do not bring up obligators or the obligators are incapable to bring the youth will support their living, assist their schooling, medical subsidies and assist their capability to earn their living independently.

7.     Premature babies, children with Gaucher's Disease, seriously ill children and youth as well as developmental delayed children, when their obligators are incapable of medical subsidies.

8.     Provide runaways, children, and youth who are unable to be educated in the family or with proper placement.

9.     Offer proper placement to helpless children and youth.

10.  Offer proper placement, living assistance, medical subsidy, day care subsidy, and other necessary assistance to children and youth.

11.  Offer after-school care services to children.

12.  Provide youth who are unable to return home after placement with proper assistance for independent living.

13.  Provide children and youth with prevention, education, propaganda, training, services of safety and accident injury, etc.

14.  Other welfare services for children, youth, and families.

Authorized agencies of central and municipal governments will enact qualification, condition, procedure, amount, and other relevant methods for day care, living assistance, and medical subsidies described in Subparagraph 5 to 7 and 10 of the previously mentioned Paragraphs.

The central authorized agency will enact disposal methods of reporting, search, placement, requirement, and tracking for helpless children and youth described in Subparagraph 9 of previously mentioned Paragraph 1.

 

Article 24

Cultural, educational and sports agencies will encourage and guide the private sector to manage or self-manage and offer proper spaces of activities for proper leisure, recreational, and cultural activities for children and youth,.

The agency will reward anyone who has performed these activities.

 

Article 25

Authorized municipal agencies and county (city) governments will be in charge of the relevant management, supervision, and guidance of family childcare services.

The family childcare services mean anyone other than a third degree relative is charged with the services and care for children in their home environment.

Directors of authorized municipal agencies and county (city) governments will act as conveners for scholars, specialists, representatives of family childcare, representatives of children and youth welfare groups, representatives of parent groups, representatives of women groups, and representatives of labour groups. They will convene to coordinate, study, examine, and consult the relevant services, collection/refund, employee payroll, supervision, and appraisals, and will self-manage or entrust the relevant professional institutes or groups to establish an administrative mechanism.   

 

Article 26

Family childcare services agencies will apply for registration to authorized municipal agencies and county (city) governments before offering their services.

A family childcare services agency will be aged below twenty and is only qualified for one of the following terms:

1.     Technician certificate for childcare provider.

2.     Graduated from the relevant courses, divisions, departments, and institutes, major in infant and childcare over degree of senior high school.

3.     Complete required professional training courses with certificate of completion for childcare provider.

Authorized municipal agencies and county (city) governments will self-manage or entrust the relevant professional institutes and groups to provide family childcare services agencies with the relevant registration, management, guidance, and supervision.

The central authorized agency will enact the basic childcare number, registration, guidance, management, collection/refund and other methods referred to in the provisions for family childcare services described in Paragraph 1.

 

Article 27

The government plan to implement measures of medical care for children and youth, if necessary, subsidies offered will depend on family economic condition.

The central authorized agency will enact the supported objects, items, amounts, and procedures against the subsidies.

 

Article 28

The central authorized agency and agencies will regularly convene coordinative meetings for the prevention of accidents and injuries to children and youth, they will study, examine, consult, supervise, appraise, and manage the following tasks:

1.     Data recordings of accidents and injuries to children and youth.

2.     Establishment, examination and promotion of safety educational material for children and youth.

3.     Inspection and management of standards for gaming and recreational facilities, toys, appraisals, transportation instruments, etc.

4.     Establishment and promotion of other preventive mechanisms.

The meeting will select scholars and specialists, representatives of private sectors and the relevant institutes for consultation. The number of people will not be less than half of total people.

 

Article 29

The following transportation instruments used for children and youth will guide and manage to maintain transportation safety:

1.     Special vehicles for toddlers.

2.     School buses for public/private school.

3.     Shuttle buses for sessional classes or after-school care services classes and centres for children.

The central education authorized agency will enact the application procedures, guidance measures, management, and supervision of attendants on board as well as other methods that abide by the transportation instruments together with transportation and communication agencies.

 

Article 30

Parents or guardians of disabled or developmentally challenged children and youth will apply to the police agency to establish a fingerprint database.

This data may not be used for any purposes other than searching for missing children.

The central police agency will enact the fingerprint presses, deregistration and management methods.

 

Article 31

The government will establish an assessment mechanism for the development of children aged below six, offering special care for early prevention, medical, schooling and family support for developmental delays in children as needed.

Parents, guardians, or other people looking after developmentally delayed children and youth will be aware of the special care offered by the government.

The central authorized agency together with the health and educational agencies will link and coordinate mechanisms for screening, reporting, assessment, curing, education, services needed for early prevention etc.

 

Article 32

If social welfare, educational and medical institutes find any developmentally delayed children they must report it to the authorized municipal agencies and county (city) governments. Authorized municipal agencies and county (city) governments will establish file management with data received and offer/recommend proper services as needed.   

The central authorized agency will enact relevant methods for a report flowchart and file management.

 

Article 33

Children and pregnant women will have care priority.

Transportation and medical, public/private sector, etc. will provide children and pregnant women with priority care measures.

 

Article 34

The competent authorities in charge of education and labour will evaluate the potential and wishes to continue education and accept occupational training or employment for youth aged 15 or youth that graduated from junior high school, that want to continue education or employment.

The competent authority in charge of educational will manage and guide career education, labour advantages and occupational safety education in the senior high school degree according to regulations.

The competent authority in charge of labour will provide occupational training, employment preparation, occupational experience, employment matching, supporting employment placement, and other employment services measures according to the regulation referred to in Paragraph 1.

 

Article 35

Employers will present opportunities for continuing education for youth aged 15 or youth that graduated from junior high school; the competent authority in charge of labour labour will reward employers who have good performance.

 

Article 36

The competent authority in charge of labour will integrate the competent authority in charge of education and social administration to provide youth who lack technique and educational degrees but need employment with individual employment.

 

Article 37

The degree below senior high school will cooperate with educational program institutes and students with legal representation to sign a written training contract to clarify responsibility and obligation.

The central education agency will provide the format for the training contract sample and state that issues to record.

 

Article 38

The government will connect with private institutes and groups to encourage children and youth to participate in public affairs in schools and communities, and offer opportunities to protect participation rights.

 

Article 39

The government will connect with private institutes and groups to encourage the creation of children and youth’s literature, video/audio publications and programs, introduction, translation and editing of international publications, so children and youth have advanced video/audio publications.

 

Article 40

The government will connect with and encourage private institutes and groups to reward superior children and youth’s video/audio publications, video programs, broadcast, gaming software and TV programs.

 

Article 41

To assure play and recreational rights to promote the mental health of children and youth, children’s weekly learning period in elementary school will not exceed the limit of the curriculum guidelines stipulated by the Ministry of Education, unless otherwise described by the law.

The central agency will invite scholars, specialists, and representatives of private groups in the field of children and youth issues to participate in the design and planning of the curriculum guidelines.

   

Article 42

Parents of children who are unable to attend school due to special conditions will apply for non-school experimental education to municipalities and county (city) government to ensure children and youth’s right to education.

 

Chapter 4

Protective Measures:

 

 

Article 43

Children and youth may not do the following:

1.     Smoke, drink, and chew betel nut.

2.     Use drugs, illegal controlled medicines or other material that might damage their mental health.

3.     Watch, read, listen to, or use publications, photos, video program tapes, films, CDSs, electronic signals, gaming software, internet contents or other articles relating to violence, blood, sex or obscenity.

4.     Participate in driving competitions, skill competitions, crosstalk, dangerous driving methods etc.

Parents, guardians, or other people looking after children and youth will prohibit children and youth from behaving in the ways listed in each paragraph.

No one will supply children and youth with the materials and articles listed in Paragraph 1.

 

Article 44

The rating management obligator will rate publications, video program tapes, and gaming software other than newspapers. The agency will confirm other articles that influence children and youth’s mental health, that are subject to the same rating.

The competent agency will enact the classification, content, marking, display way, management, rating management obligator and other methods.

 

Article 45

Newspapers will not publish the following contents that will harm children and youth’s mental health; this excludes public documents as properly quoted from judicial agency or administrative agencies:

1.     Letters or photos that described (draw) detailed sex offenses, obscenities, described suicide, drug use, etc.

2.     Letters or photos that described (draw) detailed blood and sex. 

 

The Newspaper Association that confirms the contents will enact self-disciplinary regulations and examination mechanisms to prevent newspapers from harming children and youth’s mental health, and report to the central authorized agency to file accordingly.

The newspaper association will dispose of anyone that violates any issues relating to Paragraph 1 according to self-disciplinary regulations and examination mechanisms within three months. It can extend to one month if necessary.

In case of any one of the below issues, the authorized agency will invite representatives of newspaper associations, children and youth welfare groups, specialists and scholars to jointly examine the confirmation according to self-disciplinary regulations for reference in Paragraph 2:

1.     Members not included in the newspaper association that violate issues from Paragraph 1 and need to be prosecuted.

2.     Newspaper association needs to dispose of some overdue cases.

3.     Parties are not happy with the result of the newspaper association’s decisions in certain cases posted on newspaper, disposed newspaper industries or children and youth welfare groups.    

 

Article 46

The competent authorities in charge of communication and propagation calls each competent authority to encourage private groups to establish content protection mechanisms to prevent children and youth from seeing internet contents, that will harm their mental development, like in the following cases: 

1.     Observation of internet used by children and youth.

2.     Establishment and implementation of complaint mechanisms.

3.     Promotion and review of contents rating system.

4.     Establishment and promotion of screened software.

5.     Education propaganda of on-line safety for children and youth.

6.     Promote internet platform provider to establish a self- discipline mechanism.

7.     Establishment and promotion of other protective mechanisms.

Internet platform providers will enact self-disciplinary regulations to adapt clear, accurate, and workable protective measures. They will adapt the necessary measures related to the self-disciplinary regulations enacted by the relevant associations for those without self-disciplinary regulations.

Internet platform providers will take clear, accurate, and workable protective measures to limit receipt and review, or advanced removal of harmful internet contents after receiving information about violations against children and youth’s mental health or violations of measures related to regulations from the agency.

Internet platform providers referred to in the three paragraphs mean any internet platform services offered on-line, including stored space offered in the internet, or information, value-added services and web page linked services provided by construction of websites.

 

Article 47

Children and youth may not access hotels, special coffee/tea stores, adult products retailers, rating electronic playgrounds and other sites that involve gamble, sex and violence, etc. confirmed to damage their mental health by authorized agency.

Parents, guardians, or other people looking after children and youth will prohibit children and youth from accessing these places.

Responsible people and workers for places listed in Paragraph 1 will prohibit children and youth from accessing.

 

Article 48

Parents, guardians, or other people looking after children and youth will prohibit children and youth from working as a waiter/waitress in Paragraph 1 of the Article or undertaking dangerous, abnormal or other work that can harm their mental development.

Anyone will not use, employ, or force/seduce children and youth to undertake the work that can damage their mental development.

 

Article 49

No one will do the following to children and youth:

1.     Desertion

2.     Mental abuse

3.     Utilize children and youth to undertake dangerous activities or deceiving behaviours against health.

4.     Take advantage of children and youth who are disabled or in special corporality to show in public.

5.     Utilize children and youth to beg.

6.     Deprive or hinder children and youth from using the opportunity for a national education.

7.     Force children and youth to marry.

8.     Abduct, kidnap, sell, and pledge children and youth.

9.     Force, seduce, remain, or act as broker for children and youth to undertake obscenities or sexual behaviours.

10.  Provide children and youth with knifes, guns, bullets or other dangerous articles.

11.  Utilize children and youth to take or record publications, photos, video program tapes, films, CDSs, electronic signals, gaming software, internet contents or other articles relating to violence, blood, sex, obscenities that will harm their mental health.

12.  Spread or broadcast publications, photos, video program tapes, films, CDs, electronic signals, gaming software or other articles to children and youth that will be harmful to their mental health.

13.  Violate display regulation described in Paragraph 2 of Article 44 that children and youth are able to watch or obtain any article listed as rating.

14.  Spread or broadcast contents through internet that will be harmful to children and youth’s mental health without adapting clear, accurate, and proper protective measures, or children or youth can receive or review contents without meeting protective mechanisms offered by the internet platform providers.

15.  Lead or seduce children and youth to any place that will harm their mental health.

16.  Force, seduce, remain, or act as broker for children and youth to commit suicidal behaviour.

17.  Other behaviour to children and youth or utilize children and youth to undertake abnormal behaviour.

 

Article 50

Pregnant women will not smoke, drink, chew betel nut, use drugs, and use illegal controlled medicines or engage in other behaviour that will negatively influence prenatal development.

Anyone will not force, seduce, or use other ways to make pregnant women damage prenatal development.

 

Article 51

Parents, guardians, or other people looking after children and youth will not leave children alone in an environment that can easily cause danger or damage; children aged below six or children and youth that need special care will not be left alone or be looked after by improper people.

 

Article 52

Authorized municipal agencies and county (city) governments should assist, guide or place any one of the below issues caused to children and youth, subject to applications or the consent of parents, guardians or people looking after children and youth:

1.     Violate regulations described in Paragraph 1 of Article 43, Paragraph 1 of Article 47 or undertake prohibited tasks described in Paragraph 1 of Article 48, and invalid after parents, guardians or people looking after children and youth try the utmost to prohibit.

2.     Parents, guardians, or people looking after children and youth tried their utmost to correct any serious deviant behaviour but did not succeed.

The maintenance support obligator will carry any costs related to the institutes that assist guide or place any necessary living expenditure, health care fees, tuition and fees, miscellaneous and collection fees and other relevant expenses will be carried by; the authorized municipal agencies and county (city) governments will enact such regulations.

 

Article 53

Medical personnel, social workers, educational personnel, day care personnel, police, judicial personnel, administrators of villages (community) or other conductors implementing children and youth welfare that acknowledge on their duties one issue of the below issues relating to children and youth will report it to the authorized municipal agencies and county (city) governments in no less than 24 hours:

1.     Use drugs, illegal controlled medicines or other material to be harmful to mental health.

2.     To be waiter/waitress in the places described in Paragraph 1 of Article 47.

3.     Behaviours caused by provisions described in each paragraph of Article 49.

4.     Any issue listed in Article 51.

5.     Any issue listed in Paragraph 1 of Article 56.

6.     Any issue caused by other damages.

Anyone who observes the issues in each subparagraph of the paragraph for children and youth must report it to the authorized municipal agencies and county (city) governments.

Authorized municipal agencies and county (city) governments will immediately take care of the first two cases after acknowledging or receiving the report in less than 24 hours, and the conductor will release investigation report within four days after accepting the cases.

The central authorized agency will enact the reporting and the handling methods in the three paragraphs.

Identification information of the reporter mentioned in the Paragraph 1 and 2 must be kept in secret.

    

Article 54

Medical personnel, social workers, educational personnel, day care personnel, police, judicial personnel, administrators of villages (community), director of villages (community), mansion janitors and other conductors for the implementation of children and youth welfare. This applies to people who on their duties are aware of economic, educational, marriage and medical problems occurring in children and youth’s families causing inappropriate care to children and youth, they must report this to authorized municipal agencies and county (city) governments.

 

Authorized municipal agencies and county (city) governments will conduct interviews and assessments after receiving the report, and provide living, medical, schooling, day care and other necessary assistance together with the relevant agencies of police, education, household & registration, health, finance, financial management, labour administration or other agencies.

The central authorized agency will enact the two reports and assistance methods.

 

Article 54-1

1. If the child’s parents, custodian or any other person taking care of the child violates the Anti-Drug Control and Prevention Ordinance and is thus wanted, detained, observed, forced to give up the drugs or imprisoned, the judicial police officer, judicial police, prosecutor or the judges shall investigate the child’s living condition and care quality.

 

In the case that the judicial police officer, judicial police, prosecutor or the court judge investigates the case as mentioned above, and is informed that the child is now facing any of the circumstances stipulated in Article 53 (1) or Article 54, he/she should report it to the government authority at the municipal and county (city) .

 

Article 55

Children and youth who are suffering from sexual diseases, alcohol addiction or drug abuse will be offered medical assistance by parents, guardians or other people looking after children and youth, or authorized municipal agencies and county (city) governments will offer medical assistance together with health agencies; if necessary, police agencies can be asked for assistance.

Parents and guardians of children and youth will pay the expenditure for the treatment. However, expenditure belonging to the national health insurance or subsidies according to the laws is free from limitation.

 

Article 56

Authorized municipal agencies and county (city) governments will take urgent protection, placement, or disposal acts in the case of children and youth who are in immediate danger to their lives, bodies or freedom without immediate protection, placement or other settlement; in the following cases:

1.     Improper maintenance or care of children and youth.

2.     Necessary diagnosis without medical care to children and youth.

3.     Children and youth that are abducted, kidnapped, sold, pledged, forced, or seduced to participate in abnormal behaviours or tasks.

4.     It is hard to provide immediate protection to children and youth who suffered from any persecution without being immediately released.

Authorized municipal agencies and county (city) governments will consider the best interests of children and youth in any one of the issues to reinforce necessary protection, placement, or other needed disposal after multi-assessment.

Authorized municipal agencies and county (city) governments will request prosecutors or local police agencies to assist subject to the urgency of protection, placement, or other needed disposal.

Authorized municipal agencies and county (city) governments subject to the placement of children and youth described in Paragraph 1 will be in charge of foster families, while proper welfare institutes for children and youth or other placement institutes will provide further education.   

 

Article 57

Authorized municipal agencies, county (city) governments, parents, and guardians of children and youth will report to the local district courts and police agencies, according to the urgency of the placement regulation. In case children and youth have no parents, guardians or their parents and guardians are hard to be adviced, authorized municipal agencies, county (city) governments will not inform them. .

Urgent placement will not exceed 72 hours. If adequate protection cannot be found in more than 72 hours, the case will be referred to the court for continuous placement. Three months will be the limit for continuous placement; if necessary, the case will be referred to the court for a sentence of extension, with a maximum of three months per extension.   

Telecom fax or other technical equipment will deliver notice of referred continuous placement.

 

Article 58

The 72 hours proposed in Paragraph 2 of the foregoing Article will commence from the time they become aware of the urgency of the placement of children and youth as described in the Paragraph 1 of the foregoing Article. However, the below time excludes in part of the 72 hours:

 

1.     Escorting time

2.     Rush hour

3.     Delays caused by force majeure

 

Article 59

Authorized municipal agencies and county (city) governments, parents, guardians, released children, and youth who overthrow the sentence described in Paragraph 2 of Article 57 can file an appeal within ten days after sentence. Any overthrown court’s sentence will not be overthrown. 

During the referred and overthrowing period, original placement agencies, institutes, or foster families will continue the placement.

In case of change or the need for continuous placement subject to the original sentence during the period of placement, authorized municipal agencies and county (city) governments, parents, guardians and released children and youth can appeal to the court for change or a revoke.

Authorized municipal agencies and county (city) governments will continue to track and guide the children and youth for at least one year after the expiry of the placement or according to the revoke.

 

Article 60

During the period of placement, authorized municipal agencies, county (city) governments, assigned placement institutes, or foster families will perform and bear the responsibility of protective parents for under-aged children and released children and youth.

When a case refer to the court for a continuous placement judgment of children and youth, authorized municipal agencies, county (city) governments, placement institutes or foster families being released will assign one of the members to implement custody affairs, and take the same notice responsibilities as parents. Authorized municipal agencies and county (city) governments will report to the court the person who will execute the custody affairs and file the report of case development as reference.

During the period of placement, children, and youth’s parents, original guardians, relatives and teachers will visit children and youth according to appointed time, place, and approach, subject to the consent of the authorized municipal agencies and county (city) governments. Authorized municipal agencies and county (city) governments will prohibit the visiting of anyone who does not comply with the appointment or is a disadvantage to the children and youth.

Authorized municipal agencies and county (city) governments will respect children and youth’s willingness before agreeing with the paragraph.

 

Article 61

Children and youth who are not being protected during the period of placement will not be allowed to be interviewed, investigated, examined, or attend a check-up.

Social workers will accompany children and youth who accept interviews, investigations, examinations, or check-ups to protect their privacy.

 

Article 62

Parents, guardians, right parties or children and youth welfare institutes will apply to authorized municipal agencies and county (city) governments to place and protect children and youth who are unable to lead a normal family life due to their families’ significant accidents.

Authorized municipal agencies and county (city) governments assigned to the placement will be in charge of finding a foster family, a proper welfare institutes, or other placement institutes for children and youth for further education.

During the period of placement, authorized municipal agencies and county (city) governments, foster families or institutes will perform and bear the parental and protective responsibilities for under-aged and released children and youth according to the regulation described in Paragraph 1.

When the conditions mentioned in Paragraph 1 have improved, children and youth will be released back to their families, and authorized municipal agencies and county (city) governments will guide and keep track of them for at least one year.

Authorized municipal agencies and county (city) governments enact the conditions and procedures for a foster family, subject to the regulations described in Paragraph 2 and 4 of Article 56, as well as the qualification, permission, supervision, audit and reward of foster families.

 

Article 63

According to Paragraph 4 of Article 56 or Paragraph 2 of the foregoing Article, authorized municipal agencies and county (city) governments will charge maintenance support. This is for the necessary living expenditures, health care fees, tuition fees, miscellaneous, collection fees and other relevant expenses related to the services offered by the foster family or placement institutes, subject to the placement of children and youth. Authorized municipal agencies and county (city) governments will enact the regulations for the charge.

 

Article 64

Authorized municipal agencies and county (city) governments will list as protective cases children and youth who suffer from any issue mentioned in Article 49 or each subparagraph of Paragraph 1 of Article 56, or who have witnessed family violence. The related agencies will release family treatment programs for children and youth and if necessary, children and youth welfare institutes or groups will be in charge.

The treatment program will include an assessment of family functionality, children and youth’s safety and placement, parental education, psychological guidance, mental health, drug addiction treatment or assistance and welfare services relating to the protection of children and youth.

Children and youth, parents, guardians or other people looking after children and youth shall cooperate to implement the treatment program.

 

Article 65

Authorized municipal agencies and county (city) governments will provide a long-term guidance program for children and youth who are unable to return home or whose families are assessed as unfit since they have been placed for more than two years pursuant to the laws.

Children and youth welfare institutes or groups will be in charge of the implementation of the long-term guidance program.

 

Article 66

Children and youth or their families who are protected, released, interviewed, investigated, assessed, guided, conducted treatment will establish individual case information for regular tracking and assessment.

Any secrecy or privacy acknowledgement and documents made will be kept in secret without losing or opening without reasonable grounds.

 

Article 67

Authorized municipal agencies and county (city) governments will continuously offer the necessary welfare services for children, youth, and their families in charge of youth protective cases and youth criminal cases according to the Juvenile Proceeding Act.

Children and youth welfare institutes or groups will be in charge of the welfare services.

 

Article 68

Authorized municipal agencies and county (city) governments will track and guide releases related to the Juvenile Proceeding Act, or completion, termination or exemption of reformatory education, or for referral guidance of children, youth, and their families for at least one year.

Youth welfare institutes or groups will be in charge of the tracking and guidance.

 

Article 69

Promotional material, publications broadcast, TV, internet or other media will not report or record the names or information of the following children and youth:

1.     Those that suffer from behaviours mentioned in Article 49 or each subparagraph of Paragraph 1 of Article 56.

2.     Those that use drugs, illegal controlled medicines or other material that is harmful to their mental health.

3.     The party or the related party in a case where the legitimacy of a child is questioned, adoption, parental rights, maintenance events or selection, alternation events of custody.

4.     The party or victim in criminal cases and youth protective events.

Documents made public by administrative and judicial agencies should not contain information that can lead to the identification of the relevant children and youth, except for the regulation described in Paragraph 3 or specifically stipulated in other laws.

No one included in the two paragraphs will reveal any information to the media or public that can lead to the identification of the children and youth.

When the administrative authority invites the relevant authorities to increase the welfare or maintenance of children and youth, to the public’s advantage, children and youth welfare groups as well as newspaper associations can jointly examine the case and will be free from limitations, according to Paragraph 1 and 2.

 

Article 70

Authorized municipal agencies and county (city) governments will be in charge of or entrust welfare institutes, groups for children and youth or other proper professional personnel to interview, investigate and perform the tasks stipulated in this Act.

When authorized municipal agencies and county (city) governments, entrusted institutes, groups or professional personnel interview, investigate and perform the tasks, parents, guardians or other people looking after children and youth, teachers, employers, medical personnel and other relevant personnel will meet the requirements and provide the relevant information. If necessary, they can apply to police, household and registration, finance, education or other relevant agencies or institutes for assistance, all of whom will meet the requirements.

 

Article 71

Authorized municipal agencies and county (city) governments, welfare institutes for children and youth or other interested parties will report parents or guardians who fail to protect and care for children and youth in serious situations, fail to prevent children and youth from using drugs and illegal medicines or perform any act described in Article 49, Paragraph 1 of Article 56. Then children and youth or the closest direct relatives will apply to the court for complete or partial parental rights or custody, or otherwise appeal for the selection or change of guardian; the adoptive parents will apply to the court for the termination of the adoption relation.  

The court that selects or changes guardians according to regulations will assign the authorized municipal agencies and county (city) government to be to be guardians of the children and youth. They will order the children and youth welfare institutes, other proper people, parents, original guardians, or other maintenance support obligators to pay a certain sum of expenditure and earnings for selected or changed obligators, and other needed disposal or requirements through their children.  

It is necessary to be approved prior to the implementation of a judgment thus rendered.

 

Article 72

Authorized municipal agencies and county (city) governments will apply to the court for management where there are enough facts to confirm that children and youth’s property rights are being invaded. A social welfare agency or other proper person will act as guardian or be assigned custody, and will assign or reassign trustees to manage whole or partial properties, or order a guardian to establish trust management in favour of children and youth.

Authorized municipal agencies and county (city) governments will preserve children and youth’s property prior to the ascertainment of the judgment.

Authorized municipal agencies and county (city) governments will enact regulations for property management and trust as specified in Paragraph 1.

 

Article 73

Welfare, educational or reformatory education institutes will cooperate with schools below the level of senior school to implement the transition and return to school educational programs of children and youth who are released to be referral or reformatory for the protection of children and youth’s rights to education. This is related to the Juvenile Proceeding Act and they will cooperate as related to the laws.

The central education authorized agency and the law agency will enact the object, procedure, management of violation and methods for other issues that should be abided by for the transition and back to school programs.

 

Article 74

The law agency will integrate each agency to provide children and youth in the stage of correction with school guidance, occupational training, employment services or other relevant services and measures subject to their willingness, and assist them to go back to their homes and communities.

 

Chapter 5

Welfare Institutes:

 

 

Article 75

Classification of welfare institutes for children and youth are as follows:

1.     Baby care centres

2.     Early prevention institutes

3.     Placement and education institutes

4.     Psychological services or family consultation institutes

5.     Other welfare institutes for children and youth

Scale, area, facility, personnel, layout, and affairs are different for the welfare institutes for children and youth as described by the central authority.

Each level authorized agency will encourage and trust the private sector to establish or self-establish welfare institutes for children and youth in the previous Paragraph of this Article; if necessary, public welfare institutes for children and youth will trust the private sector to take charge of the affairs that belong to them.

Guidance and management of baby care centres services that authorized municipal agencies and county (city) governments are in charge of will be self-handled or entrusted to the relevant professional institutes and groups.

 

Article 76

After school care services for children referred to in Sub-paragraph 11 of Paragraph 1 of Article 23 means care services offered after school for children in Elementary School.

The elementary school assigned by each educational authority will undertake the after school services for children; or township (town, city, and district) hall, private sector and group will apply for the establishment of after school care services centres for children. 

The central authorized agency will describe the application, establishment, management, personnel qualification, facility, reorganization, and other methods that should be abided by school care services centres for children.

Authorized municipal agencies and county (city) governments will convene examination meetings for after school care classes or centres. Directors of agencies or assigned representatives will be a convener, they will include educational scholars and experts, representatives of family groups, representatives of women groups, and representatives of public welfare children care group, etc.

 

Article 77

Baby care centres will offer group insurance policies for baby care.

Authorized agencies in municipal, county (city) governments will describe the group insurance with range, amount, and payment term, duration, paying standard, responsibility and obligation, way of processing and other methods.

 

Article 78

Professional personnel will be selected to undertake the necessary affairs referred to children and youth welfare institutes.

The central authority will describe methods on the classification, qualifications, training, and courses for professional personnel.

 

Article 79

The establishment license as described in Paragraph 1 of this Act will be exempt of fees.

 

Article 80

The educational authorities of municipal, county (city) government will set up social workers or guidance specialists to implement the relevant affairs of Paragraph 1 of this Act.

The central educational agency will describe the qualification, placement, and implementation.

 

Article 81

People who has the following matters mentioned below will not serve as responsible person or employee of welfare institutes, after school care classes and centres for children and youth:

1.     Guilty verdict for sexual harassment and sexual assault.

2.     Misbehaviour causing damage to the interests of children and youth, in case of serious offences  verified by the relevant authorities .

3.     Relevant psychiatrists assigned by authorized agencies have confirmed a psychiatric disease or mental disorder.

The authorized agency or educational authority will verify whether responsible people of welfare institutes or after school care classes and centres are involved, as described in Paragraph 1:  Workers will be automatically verified before employment at Welfare institutes or after school care classes and centres for children and youth.

Welfare institutes or after school care classes and centres for children and youth will terminate the duty of any employee who is involved in the acts mentioned in Paragraph of this Article.

 

Article 82

Private sectors or groups in charge of welfare institutes for children and youth can only apply for an establishment license to local authorized agency; any outside fundraising or tax exemption for the institutes will register itself as incorporated foundation within six months from the date of permission of establishment.

The institutes can apply for extension once in the case of failure of registration of incorporated foundation if reasonable cause can be established and accepted. The extension will not exceed three months; the original permit will be invalid for the remainder.

Regulations on the permit/approval include the requirements, procedures, review periods, permit/approval cancellations, abolishment, supervision, management, suspension, shut down or renewal, etc. as described by the central authority.

 

Article 83

The below matters is not allowed in welfare institutes or after school care classes and centres:

1.     Maltreatment or danger to the mental health of children and youth.

2.     Provide insanitary meals that are not verified by the health authority.

3.     Provide unsafe facilities or equipment that is not verified by the relevant authority.

4.     Maltreatment of children and youth is discovered, but not reported to authorized municipal agencies and county (city) government.

5.     Violate the laws and regulations of donations.

6.     Operation policy is not in accordance with the purpose of the establishment.

7.     Failure to acquire legal vouchers of financial revenue and expenditure, conduct public hearings for donations or keep a complete accounting record.

8.     Avoid, interfere, or refuse being guided, inspected and supervised by authorized agencies or authorities.

9.     False report on tasks.

10.  Failure to apply for expansion, movement, closure, suspension, and renewal as described by the regulations.

11.  Other matters that will influence the mental health of the children and youth.

 

Article 84

Welfare institutes for children and youth may not conduct improper propaganda for its business; any request for donations will be done in public and can only be used in the establishment, for the purposed of the establishment.

Authorized agencies will conduct guidance, supervision, examination, incentive, and regular appraisal on welfare institutes for children and youth, and announce their reports and results of appraisal.

The authorized agency will describe the methods for appraisal object, item, and approach as well as incentive model.

 

Article 85

In the case of the termination, closure, suspension, dismissal, cancelled license, or abolishment of the children and youth welfare institute, the children and youth must be given shelter; in case of improper placement, a licensing agency will assist with placement and the institute is requested to cooperate.

 

 

Chapter 6

Penalty:

 

 

Article 86

A person conducting delivery that violates the regulations described in Paragraph 1 of Article 14 will be fined a sum of no less than NT$6, 000 and no more than NT$30,000 by the health authority.

 

Article 87

The authorized agency will fine the person who violates the regulations described in Paragraph 1 of Article 15 (to conduct an adoption matching services without permission) a sum of no less than NT$ 60,000 and no more than NT$ 300,000 and announce its name or title.

 

Article 88

An adoption matching services agency that violates the methods relating to examination and management, closure, suspension and renewal of relevant affairs described in Paragraph 3 of Article 15 will be informed to improve in a certain period by licensing agency. If they do not improve before the expiration of the period, the services agency will be fined a sum of no less than NT$ 30,000 and no more than NT$ 150,000. They will be fined per violation; if it is a serious violation, the services agency will be ordered to suspend for a period of no less than one month and no more than one year, and the title or name will be announced.

In case of suspension, the services agency that disobeys or fails to improve before expiry will have their license abolished by the licensing agency.

 

Article 89

Anyone who violates the regulation described in Paragraph 3 of Article 21, Paragraph 5 of Article 53, Paragraph 2 of Article 66 or Paragraph 3 of Article 69 without any reasonable ground will be fined a sum of no less than NT$ 20,000 and no more than NT$ 100,000.

 

Article 90

Anyone who violates the regulation described in Paragraph 1 of Article 26 will be fined a sum of no less than NT$ 6,000 and no more than NT$ 30,000 and will be ordered to improve in a certain period, and will be fined per violation in case of failure to improve before expiry.

Anyone who violates the methods of listing the results of number of children in their care, registration, and guidance as described in Paragraph 4 of Article 26 will be ordered to improve. If they fail to improve in that time, they will be fined a sum of no less than NT$ 6,000 and no more than NT$ 300,000. They will be fined per violation; any serious violation or no improvement after three penalties will be abolished by the registration.

 

Article 91

Parents, guardians or other people looking after children and youth who violate the regulations described in Paragraph 2 of Article 43 will be fined a sum of no less than NT$ 10,000 and no more than NT$ 50,000. Children and youth that act in the way that is prohibited by Subparagraph 2 of Paragraph 1 of Article 43, their parents, guardians or other people looking after children and youth will be ordered to accept parental education for no less than eight hours and no more than fifty hours.

 

Anyone who provides children and youth with alcohol and betel nut will be fined a sum of no less than NT$ 3,000 and no more than NT$ 15,000.

Anyone who provides children and youth with drugs, illegal controlled medicine or other material that might harm their mental health will be fined a sum of no less than NT$ 60,000 and no more than NT$ 300,000.

Anyone who provide children and youth with publications, photos, video program tapes, films, CDS, electronic signals, gaming software or other articles relating to violence, blood, sex or obscenity will be fined a sum of no less than NT$ 20,000 and no more than NT$ 100,000.

 

Article 92

The mental health of children and youth must never be negatively influenced by publications, video tapes, gaming software and media, including newspaper- and other articles that the authorized agency aim to avoid. If any of the following facts exist, the rating management obligator will be fined a sum of no less than NT$ 50,000 and no more than NT$ 250,000 and be ordered to improve in a certain time period. The fine will be charged per violation in case of failure to improve before expiry date.

1.     Violation of regulation described in Paragraph 1 of Article 44 and no rating.

2.     Violation of regulation relating to classification of the contents described in Paragraph 2 of Article 44.

The rating management obligator who violates the regulation related to the marking described in Paragraph 2 of Article 44 will be fined a sum of no less than NT$ 30,000 and no more than NT$ 150,000 and be ordered to improve in a certain period. The fine will be charged per violation in case of failure to improve before expiry.

 

Article 93

A newspaper industry that fails to perform disposal according to Paragraph 3 of Article 45 will be fined a sum of no less than NT$ 30,000 and no more than NT$ 150,000 and be ordered to perform the regulation accordingly. The fine will be charged per violation in case of failure to improve before expiry. The process will be the same as the regulation described in Paragraph 4 of Article 45 confirmed by the authorized agency.

 

Article 94

An internet platform that violates the regulations described in Paragraph 3 of Article 46 without setting up measures to limit children and youth’s receiving and reviewing or removing of relevant information in advance will be fined by each competent authority a sum of no less than NT$ 60,000 and no more than NT$ 300,000. They will also be ordered to improve in a certain period. The fine will be charged per violation in case of failure to improve before expiry.

 

Article 95

Parents, guardians or other people looking after children and youth who violate the regulations described in Paragraph 2 of Article 47 will be fined a sum of no less than NT$ 10,000 and no more than NT$ 50,000.

Responsible people and employees in the operational site that violate the regulations described in Paragraph 3 of Article 47 will be fined a sum of no less than NT$ 20,000 and no more than NT$ 100,000 and the name of the responsible person will be announced.

 

Article 96

Parents, guardians or other people looking after children and youth who violate the regulations described in Paragraph 1 of Article 48 will be fined a sum of no less than NT$ 20,000 and no more than NT$ 100,000 and their names will be announced.

Any violation of the regulations described in Paragraph 2 of Article 48 will be fined a sum of no less than NT$ 60,000 and no more than NT$ 300,000. The names of the offender and responsible person for the operational site will be announced and they will be ordered to improve. The authorized agency will forward the serious ones with no improvements before expiry to the agency to order the closure of the site, others will be ordered to suspend the operations for no less than one month and no more than one year.

 

Article 97

Anyone who violates one of the regulations described from Paragraph 1 to 11 or from Paragraph 15 to 17 of Article 49 will be fined a sum of no less than NT$ 60,000 and no more than NT$ 300,000 and their name or title will be announced. However, parents and guardians of offenders or other people looking after children and youth who were ordered to receive parental education and have completed it are not included.

Anyone who violates the regulations described in Paragraph 12 of Article 49 will be fined a sum of no less than NT$ 50,000 and no more than NT$ 250,000 announced the name or title and ordered to improve in a certain period, except newspapers that conforms to the regulations described in Article 45 and 93. The fine will be charged per violation in case of failure to improve before expiry; in case of a serious violation they will be ordered to close business for no less than one month and no more than one year.

Anyone who violates regulation described in Paragraph 13 of Article 49 will be fined a sum of no less than NT$ 10,000 and no more than NT$ 50,000, announced the name or title and ordered to improve in a certain period; the fine will be charged per violation in case of failure to improve before expiry;

 

Anyone who violates the regulations described in Paragraph 14 of Article 49 will be fined a sum of no less than NT$ 100,000 and no more than NT$ 500,000 their name or title will be announced and they will be ordered to improve in a certain period. The fine will be charged per violation in case of failure to improve before expiry; any serious violation will be ordered to close business for no less than one month and no more than one year.

 

Article 98

Anyone who violates the regulations prescribed in Paragraph 2 of Article 50 shall be fined a sum of no less than NT$ 10,000 and no more thann NT$ 50,000.

 

Article 99

Parents, guardians or other people looking after children and youth who violate the regulations described in Article 51 will be fined a sum of no less than NT$ 3,000 and no more than NT$ 15,000.

 

Article 100

Medical personnel, social workers, educational personnel, care workers, police, judicial personnel, administrators of villages (community) or other conductors implementing children and youth welfare who violate the regulations described in Paragraph 1 of Article 53 without reasonable grounds will be fined a sum of no less than NT$ 6,000 and no more than NT$ 30,000.

      

Article 101

Parents, guardians or other people looking after children and youth who force children and youth to act in one of the situations referred to in Paragraph 1 of Article 56 and it is evaluated seriously will accept guidance of parental education for no less than eight hours and no more than fifty hours.

 

Article 102

Parents, guardians or other people looking after children and youth are fined by authorized agencies according to Paragraph 1 of Article 95, Paragraph 1 of Article 96, or Article 99, and in serious conditions will be ordered to accept guidance of parental education for no less than eight hours and no more than fifty hours.

Parents, guardians, or other people looking after children and youth will accept guidance of parental education according to Paragraph 1 of Article 91, the previously mentioned Article, or Paragraph, and can apply for delay with reasonable grounds.

Anyone who refuses to accept guidance, parental education or the required hours of completion will be fined a sum of no less than NT$ 3,000 and no more than NT$ 15,000; the fine will be charged per violation against refusal after re-informing until it has been accepted.

 

Article 103

Promotional material, publications, broadcast, television, internet or responsible person for other medias that violate the regulations described in Paragraph 1 of Article 69 will be fined by the competent authority a sum of no less than NT$ 30,000 and no more than NT$ 150,000. Articles described in Paragraph 1 of Article 69 will be confiscated and the contents will be ordered to be removed, taken off the shelf or other necessary disposals. The fine will be charged per violation in breach of performance before expiry until it has been performed. However, in the case of closure as referred to in Paragraph 4 of Article 69, no fine will be charged.

Where there is no responsible person for the media or the responsible person has no provision relation against the offender’s behaviour, the fine referred to in the regulations will be charged to the offender.

 

Article 104

Parents, guardians or other people looking after children and youth, teachers, employers, medical personnel or other relevant people who violate the regulations described in Paragraph 2 of Article 70 without reasonable grounds will be fined a sum of no less than NT$ 6,000 and no more than NT$ 30,000. The fine will be charged per violation until there are no more violations or the requested information has been provided.

 

Article 105

Any establishment, welfare institutes for children and youth, after school care services classes and centres in breach of the regulations described in Article 76 or the first part of Paragraph 1 of Article 82, will be fined by the local authorized agency or education agency a sum of no less than NT$ 60,000 and no more than NT$ 300,000. Their names or titles will be announced and they will be ordered to improve in a certain period.

During the period of improvement, any additional care and placement of children and youth is not allowed, or the responsible person will be fined a sum of no less than NT$ 60,000 and no more than NT$ 300,000, charged per violation.

A responsible person who is ordered to improve with an expiry date described in Paragraph 1 but fails to improve before then will be fined a sum of no less than NT$ 100,000 and no more than NT$ 500,000. He/she will be sent for referral and re-placement of the children and youth under his/her care within a month. The local authorized agency will assist the responsible person with what is not available, and the responsible person will cooperate accordingly. Anyone who is unwilling to cooperate will be forced to implement the order and fined a sum of no less than NT$ 60,000 and no more than NT$ 300,000.

 

Article 106

Welfare institutes for children and youth that violate the regulations of the last part of Paragraph 1 of Article 82 will have their outside fundraising terminated by the licensing agency. If they disobey, the fine will be charged per violation, a sum of no less than NT$ 60,000 and no more than NT$ 300,000 and the name will be announced. Termination will be for no less than one month and no more than one year for serious violations.

     

Article 107

Welfare institutes for children and youth or after school care classes and centres that violate one of the regulations from Paragraph 1 to 4 of Article 83 will be fined a sum of no less than NT$ 60,000 and no more than NT$ 300,000 and ordered to improve. In case of failure to improve before expiry, the fine will be charged per violation; termination will be for no less than one month and no more than one year for serious violations, and violator’s title will be announced.

Welfare institutes for children and youth or after school care classes and centres without approval will be ordered to improve within a certain period by the local authorized agency or education agency related to Paragraph 1 of Article 105. During the period of improvement, the local authorized agency or education agency will be in charge of any situation relating to any one of the regulations described in Paragraph 1 to 4 of Article 83.

 

Article 108

Welfare institutes for children and youth or after school care, classes and centres that violate one of the regulations from Paragraph 5 to 11 of Article 83 will be ordered by the licensing agency for improvement in a certain period. In case of failure to improve before expiry, they will be charged a sum per violation of no less than NT$ 30,000 and no more than NT$ 150,000; termination will be for no less than one month and no more than one year for serious violations, and violator’s title will be announced. 

The licensing agency will abolish the license of anyone who refuses to obey the termination referred to in the two Articles and paragraphs or fails to improve before the expiry of termination.

 

Article 109

Welfare institutes for children and youth that violate the regulations described in Article 85 and fail to meet the placement offered by the licensing agency will be fined a sum of no less than NT$ 60,000 and no more than NT$ 300,000 and ordered for enforcement.

 

 

Chapter 7

Supplementary:

 

Article 110

Protective measures of urgent placement for anyone aged over 18 and below 20 will be subject to the relevant regulations in this Act.

 

Article 111

Children and youth aged 18 who are committed to placement by authorized municipal agencies and county (city) governments and that have been assessed as not able to return home or live independently will be continuously placed until they are twenty years old; those who study in colleges will be placed until graduation.

 

Article 112

The adult who abet, assist or use children and youth to commit crimes, jointly engage in crimes, or purposely add offenses against the person will experience sharp penalties until 1/2. However, special regulations will apply to the victims of each crime.

The authorized agency will independently file lawsuits against children and youth offenders.

 

Article 113

When anyone receives a subsidy and incentive for fraud, the authorized agency will revoke the original disposition and order it returned in writing within a certain period, and refer it to enforcement before expiry. If it involves criminal responsibility, the person will be referred to a judicial agency for handling.

 

Article 114

In the case of a maintenance support obligator that fail to pay the relevant charges related to this Act, the authorized agency will pay the charge from children and youth welfare funds for the necessary protection of children and youth.

 

Article 115

The establishment of the regulations for children welfare institutes and youth welfare institutes that were registered before implementation of this amended Act does not conform to this Act. The central authorized will improve its authorized methods during the stipulated and announced period; the regulations of this Act will serve as a basis in case of failure to improve before expiry.

 

Article 116

After-school childcare centres registered before implementation of this Act will apply for reorganization of after-school childcare classes and centres to education agencies within two years from the date of implementation of this Act. The establishment permit will be abolished as well and invalid for a registration certificate if they fail to apply before expiry.

The after-school childcare centres registered before implementation will be managed by the original authorized agency related to the laws before amendment within two years from the date of implementation of this Act.

Nurseries of childcare institutes that have not yet reorganized to kindergartens related to the regulations of preschool education and care will be managed by authorized agencies according to the laws before amendment.

 

Article 117

The central authorized agency will enact the Enforcement Rules for this Act. 

 

Article 118

Except for Articles 15 to 17, 29, 76, 87, 88 and 116, this Act will come into force six months from the date of promulgation, and the provision of Articles 25, 26 and 90 will come into force three years from the date of promulgation.

 


 
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