What is Act No. 247 / 2014 Coll.?

Act No. 247 / 2014 Coll., on the provision of childcare services in a children's group and on the amendment of related laws — Law on the provision of childcare services in a child group and on the amendment of related laws.

When it became Act No. 247 / 2014 Coll. effectiveness?

Act No. 247 / 2014 Coll. became effective 01.09.2014.

Is Act No. 247 / 2014 Coll. still valid?

Yes, Act No. 247 / 2014 Coll. is still valid and effective.

How many times was it Act No. 247 / 2014 Coll. amended?

Act No. 247 / 2014 Coll. has 15 time versions of the text.

Act No. 247 / 2014 Coll. - Law on the provision of childcare servic...

247

THE LAW

of 23 September 2014

on the provision of childcare services in the child group and on the amendment of related laws

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

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HLAVA I

INTRODUCTORY PROVISIONS

§ 1

Subject matter

This Act regulates the conditions under which a child care service is provided in a child group, the conditions for obtaining authorisation to provide a child care service in a child group, the conditions for financing a child care service in a child group and the associated performance of the public administration.

§ 2

Definition of certain terms

(1) For the purposes of this Act, child care services in a child group are non-profit-making activities consisting of regular childcare from the age of 6 months to the start of compulsory education which is provided outside the residence of a child in a group of children and which is aimed at ensuring the needs of the child, its upbringing and the development of the capacity, cultural, sanitary and social habits of the child.

(2) For the purposes of this Act, the caregiver shall mean the natural person carrying out the childcare activity referred to in paragraph 1.

(3) For the purposes of this Act, parents shall also be considered to be other persons who, by decision of the competent authority, have been assigned a child to the care of the parent.

(4) A child care service in a neighbouring child group is a child care service in a child group provided by a child care service provider in a child group (hereinafter referred to as the provider), which is also a caring person.

(5) The provisions of this Act governing a child care service in a child group shall also apply to a child care service in a neighbouring child group, unless otherwise specified.

HLAVA II

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§ 3

Authorisation to provide child care services in a child group

(1) The provision of a child care service in a child group by the parents of the child may be granted only on the basis of an authorisation to provide a child care service in a child group ("authorisation").

(2) Authorisation may be granted

(a) to a natural person, if it is a child care service in a neighbouring child group,

(b) doing business with a natural person for the purpose of providing a child care service in a child group to their employees and their family members;

(c) an undertaking to a legal person, provided that the childcare service in the child group is provided as an additional,

(d) non-commercial legal person;

(e) the State.

§ 5

Conditions for providing childcare services in the child group

(1) The conditions for granting an authorisation that the provider must comply with throughout the provision of the childcare service in the child group are:

(a) the integrity of the person to be or to be a provider and, if he / she is a legal person, the integrity of the members of his / her statutory body and of the natural person who represents the legal person as a member of the statutory body, and the reliability of the person to be or to be a provider,

(b) the right of the person to be or be a provider to use the premises in which the child care service in the child group is to be or is to be provided;

(c) ensuring hygienic requirements for premises in which a child care service is to be provided or is to be provided in a child group and sanitary requirements for the operation of a child care service in a child group, not to provide a child care service in a neighbouring child group,

(d) provision of technical requirements for construction and fire protection 15),

(e) reaching the age of 18 and full independence, if it is a natural person to be or be a provider;

(f) for the organisational body of a State which acts and exercises, on behalf of the Czech Republic, the rights and obligations arising from legal relations arising from the provision of a childcare service in a child group, the consent of the administrator of the State Budget Chapter in accordance with the budgetary rules of which the relevant branch of the State is part to grant authorisation; the administrator of the State budget chapter is not given such approval;

(g) in the case of a contribution organisation, the consent of the founder or of the contractor to the authorisation;

(h) indemnity insurance for the provision of childcare services in the child group; and

(i) ensuring appropriate premises and operating conditions of the neighbouring child group.

(2) If the provider provides a child care service in a neighbouring children's group in his / her residence, other conditions for authorisation which must be fulfilled throughout the period of provision of the child care service in the neighbouring children's group are:

(a) the integrity and reliability of persons sharing the accommodation of the provider and their health without mental and infectious diseases threatening the proper provision of childcare services; and

(b) the consent of all adult persons sharing the accommodation of the provider with the provision of a childcare service in a neighbouring child group.

(3) Provider is obliged to provide a childcare service in the child group

(a) only to the parents of the children to whom the childcare service in the child group is intended,

(b) parents of a child aged 6 to 12 months only in a group of up to 4 children under the age of 4;

(c) within a range of at least 6 hours during the operating day; the operating day for the purposes of this Act is the day of the week after which the child care service in the child group is provided by the provider,

(d) within a range of at least 8 hours during the operating day, if the provider makes a contribution to the operation of the child group and not for the provider of the childcare service in the neighbouring child group.

(4) The provider shall ensure that, when providing a child care service in a child group, the activity carried out by the education and care of the child is carried out by a sound, competent, mature and fully self-employed person who is with the provider in the primary employment relationship, unless he is also a provider of the childcare service in the neighbouring child group. A caregiver who is an employee of a childcare service provider in a neighbouring child group shall also comply with the requirement of reliability under Paragraph 5a (3).

(5) The professional competence of the caring person is:

(a) professional competence in the profession of general nurse, practical nurses, children's nurses, midwife, social worker, medical examiner, health psychologist or specialised competence in the profession of clinical psycholog5),

(b) professional competence in the profession of social worker or professional competence in social services with a secondary education with a graduate examination (6);

(c) the professional qualifications of a kindergarten teacher, a primary school teacher, an assistant educator pursuant to Section 20 (1) of the Act on pedagogy, a special education7);

(d) professional qualifications as a nanny for children until the start of compulsory education 8),

(e) the professional qualifications of a nanny for children in a child group; or

(f) professional competence in the profession of medication9).

(6) The provider shall ensure that, when providing a child care service in a child group, if not for a child care service in a neighbouring child group, at least one caring person with competence as referred to in paragraph 5 (a), (c), (e) or (f) is engaged in the activity of nurturing and childcare.

(7) The provider shall ensure that, when providing a child care service in a child group, parents of a child aged from 1 September to 3 years, the activity of nurturing and childcare shall be carried out by at least 1 caregiver with the competence referred to in paragraph 5 (c) with whom he has a contract of employment or an agreement on work outside the employment relationship with the type of child care and the length of working time at least 20 hours per week, not involving a child care service in a neighbouring child group.

(8) The provider is obliged to use the words "child group" in the name of the child care service in the child group or, if the child care service is in the neighbourhood group, the words "neighbor child group." Only the provider may use the words "child group 'or" neighbourhood child group'.

§ 5a

integrity and reliability

(1) For the purposes of this Act, a person who has not been legally convicted of an intentional or negligent offence in connection with the pursuit of a child care activity or comparable activity, or of an offence against a family and children, the commission of which may have an impact on the fitness to carry out a child care activity, or who is regarded as not being convicted, shall be deemed to be righteous.

(2) In order to prove the integrity of the Office of Labour of the Czech Republic (hereinafter referred to as the "Labour Office"), the Office of Labour of the Czech Republic (hereinafter referred to as the "Labour Office") shall obtain an extract from the criminal record according to the Act on the Criminal Register and the record of offences. The natural person shall also provide proof of integrity by means of a similar extract from the criminal record issued by the State, in which the last 3 years have been continuously resident for more than 3 months, of a natural person who is a national of a foreign State, and of a similar extract from the criminal record issued by that State; in place of such documents, the natural person may submit an extract from the criminal record with an annex containing the information entered in the criminal record of those States. A legal person having its registered office in a foreign State shall also provide proof of integrity by means of a similar extract from the criminal record issued by that State. Where a foreign State does not issue a similar extract from the criminal record, proof of integrity shall be furnished by an honest declaration. The extract from the criminal record and other documents proving integrity shall not exceed 3 months.

(3) A natural person shall not be considered to be reliable for the purposes of this Act,

(a) against which criminal prosecution has been initiated for one of the offences referred to in paragraph 1 until the end of the criminal prosecution;

(b) which has been convicted for the offence referred to in paragraph 1, even if the conviction has been destroyed or is viewed as not being convicted for any other reason;

(c) who have been convicted of an offence other than an offence referred to in paragraph 1, the commission of which may have an impact on the fitness to carry out childcare, even if the conviction has been destroyed or is viewed as not being convicted for any other reason; or

(d) which has been found guilty of committing an offence the commission of which may have an effect on the fitness to perform childcare.

(4) The caring person shall inform the provider without delay, within 10 working days at the latest, that he has been convicted of the offence referred to in paragraph 1. Persons sharing the residence of a child care service provider in a neighbouring child group provided at the provider's residence and a caregiver employed by a child care service provider in a neighbouring child group shall inform the provider of the facts referred to in paragraph 3 without delay, no later than 10 working days.

(5) In order to prove reliability, the Labour Office shall require a copy of the criminal record and a copy of the criminal record administered by the Ministry of Justice under the Criminal Records Act.

§ 5b

Medical fitness of the caring person

(1) The provider is obliged to ensure, when providing a child care service in the child group, that the activity carried out by the education and care of the child is carried out by a caregiver who is fit for work and fit for care of the child in the child group (hereinafter referred to as "nursing fitness"); This does not apply to a caregiver who is a provider of a childcare service in a neighboring child group, who is only shown to be fit for care in a child group.

(2) The caring person shall demonstrate his medical fitness through a medical assessment.

(3) The medical fitness of carers shall be assessed and the medical assessment shall be issued by the registrar of medical services in the field of general medical practice and, in the case of staff, by the provider of occupational services 4) or by the provider of general medical practice, unless the person concerned has a registered provider.

(4) If there is a change in the medical fitness of the caregiver, the caregiver shall submit a new medical assessment to the provider without delay.

(5) The provider shall keep a medical opinion on the medical fitness of the caring person until a new medical opinion is submitted and for a further period of 3 years.

§ 5c

Further care education

(1) The provider is obliged to provide the caregiver with further training in the field of childcare of at least 8 hours per calendar year, or at least 4 hours per calendar year, if the caregiver is employed by the caregiver of the childcare service in a neighbouring child group, provided that the primary employment relationship between the caregiver and the caregiver lasts throughout the calendar year and, in the course of further training, the caregiver is obliged to provide the caregiver with a first-aid course of childcare at least once every 2 calendar years.

(2) A child care service provider in a neighbouring child group shall be required to undertake further education in the field of childcare of at least 4 hours per calendar year, provided that it has been authorised throughout the calendar year, and, in the context of further training, to take a first aid course aimed at childcare at at least once every 2 calendar years.

(3) The forms of continuing education are:

(a) participation in a course aimed at developing the professional competence of a caring person in an educational establishment or at the employer's workplace; or

(b) a professional internship on the basis of a written contract between the provider and the establishment providing the professional internship.

(4) Participation in further training under paragraph 3 is considered to be an extension of qualifications under another legislation16).

(5) The caregiver shall be obliged to provide proof to the provider of the completion of the inservice training by means of a document issued by the establishment or by the person who provided the training.

(6) The provider shall keep the document referred to in paragraph 5 for 3 years from the date of issue.

§ 5d

Quality standards for care

(1) The quality of the childcare service in the child group is verified using the quality standards that the provider is obliged to comply with. The quality standards of care are a set of criteria to assess the level of quality of the provision of the childcare service in the childcare group and the fulfilment of the needs of the child and of staff and operational security. Compliance with the quality standards of care is assessed by the system of points.

(2) The Ministry of Labour and Social Affairs (hereinafter referred to as "the Ministry") provides for a decree

(a) in the field of childcare and the fulfilment of the needs of the child, the content of the following criteria:

1. quality of the education and care plan;

2. the procedure for adapting the child to a stay in the child group;

3. monitoring the development of the child;

4. communication with the parents of the child on the needs and development of the child,

(b) in the field of personnel security, the content of the following criteria:

1. care of employees,

2. quality of continuing training of carers,

(c) in the field of operational security, the content of the following criteria:

1. compliance with internal rules;

2. ensuring child safety,

3. emergency resolution,

(d) scoring and the lowest number of points needed to meet the quality standards of care.

§ 6

Reimbursement for child care services in the child group

(1) Child care services in the child group are provided free of charge or with partial or full payment of the parent.

(2) The provider shall determine the criteria on the basis of which the remuneration for the childcare service in the child group is determined in a particular case.

(3) The provider shall keep accounting records relating to the provision of the childcare service in the child group separately from other accounting records.

§ 7

Number of children and the lowest number of carers in the child group

(1) The highest possible capacity of a child group is 24 children, not for a neighboring child group, in which the highest capacity is 4 children.

(2) If one capacity post is occupied during the day for a period shorter than the total period during which the childcare service in the child group is provided during the day, this capacity post may be filled by another child in the remaining period.

(3) The provider shall take into account the health status of children, the duration of residence of children in the child group and the age of children, in particular the number of children under 2 years of age, when determining the number of carers in the child group.

(4) The maximum capacity of a neighbouring child group shall also include a child of age until the start of compulsory education, the parent or grandparents of which is the provider, or who lives in the same household as the provider, and who is cared for at the time of providing the childcare service in the neighbouring child group.

(5) The number of children present at the same time in the child group shall not exceed its capacity recorded in the register of providers.

(6) The number of carers the provider is obliged to provide in the child group shall be at least:

(a) 1 caregiver in a group of children, if not more than 6 children are present,

(b) 2 carers in the paediatric group, if between 7 and 12 children are present,

(c) 3 carers in the paediatric group if between 13 and 24 children are present.

§ 8

Meals

(1) The catering and payment arrangements shall be agreed between the provider and the parent in the child care service contract; This does not apply if it is a child aged between 6 and 12 months or a child in a neighboring child group who is always fed by a parent. The provider shall provide the child with drinking arrangements, unless otherwise agreed in the contract.

(2) Where a parent provides the child with a diet, the provider shall, in order to protect the health of the children, ensure the preservation, possible heating and administration of the diet to the child in accordance with the requirements of good hygiene practice laid down by the directly applicable European Union food hygiene regulation (10) and in accordance with the legislation governing epidemiologically serious activities (11).

(3) Where the child is provided with a diet, they shall be covered by the production, preparation, distribution, transport, labelling, storage and putting into circulation of food, including frozen and chilled dishes, legislation governing the activities of the epidemiologically serious 11) and the operation of the catering service shall be ensured in accordance with the obligations laid down by the directly applicable European Union food hygiene regulation (10).

§ 9

Procedure for the disease of children and others

(1) In the event of symptoms of illness in the child, the caregiver shall inform the parents of the child without delay and hand the child over to the parents or ensure the provision of health services.

(2) In the event of symptoms of an infectious disease in a person sharing a residence of a child care service provider in a neighbouring child group provided in the provider's home, the provider shall inform the parent of the child without undue delay and the provision of a childcare service shall be limited or suspended for as long as such infection could endanger the health of the child.

§ 10

Internal rules and plan for education and care

(1) The provider is obliged to process and comply with the rules governing the organisation of the provision of a childcare service in the child group (hereinafter referred to as the "internal rules"), specifying in particular:

(a) if:

1. the natural person, the name or, where applicable, the name, surname, address of the place of permanent residence or residence, and the identification number of the person, if assigned;

2. a legal person, a trading firm or a name, legal form, address of the registered office, if any, of the territorial authority, address of the registered office of its bodies, designation and location of its organisational component, identification number of the person, if any, and the name or names of the natural person who is entitled to act on behalf of the legal person,

3. the organisational body of the State, the name, address of the registered office, the name or, where applicable, the names, and the surname of the head office of the State;

(b) the name and capacity of the child group;

(c) the address of the place of supply of the childcare service in the child group;

(d) the conditions for the provision of a child care service in the child group, including the determination of whether the child care service in the child group is provided by the provider free of charge or with a partial or full payment of the parent, and when providing a child care service in the child group with a partial or full payment of the parent's criterion under Paragraph 6 (2);

(e) operating days and operating hours of each operating day;

(f) the definition of the age of children to whom care in the child group is intended;

(g) the name and, where applicable, the names of the persons who share the provider's residence and the relationship of the provider with those persons, if any, if the child care service is in a neighbouring child group provided at the provider's residence.

(2) The provider is obliged to process and ensure compliance with the child education and care plan, the development of skills, cultural, hygienic and social habits of the child (hereinafter referred to as the "education and care plan '), focusing on the shaping of the child's personality and the physical and psychological development of the child. It shall be prohibited to use, in respect of a child, an inappropriate educational device or restriction or such educational means which affect the dignity of the child or which in any way threaten his or her health, physical, emotional, rational and moral development.

(3) The provider shall be obliged to make available internal rules and a plan of education and care in the premises in which the child care service is provided in the child group and which are accessible by parents, and, where appropriate, make available internal rules and a plan of education and care in a way that allows remote access.

(4) The provider is obliged to inform parents about the change in the plan of education and care and internal rules and the parent is obliged to become familiar with the changes.

§ 11

Children's records in the children's group

(1) The provider is obliged to keep a record of children containing:

(a) the name and, where applicable, the names and surnames, the date of birth and the address of the place of residence of the child;

(b) the name and, where applicable, the names of the parents and the address of the place of residence of at least one of the parents, if different from the address of the child's residence;

(c) the name and, where appropriate, the name, surname and address of the person who, under the responsibility of the parent, may be present for the child;

(d) the days of the week and the time during which the child in the child group is to reside under the child care service contract and the attendance of the child; a child care service provider in a neighbouring child group shall be obliged to ensure that, for each operating day, the parent or other person referred to in point (c) attests to the attendance of the child and the parent of the child attending the neighbouring child group is required to provide the provider with the necessary synergies,

(e) an indication of the amount of remuneration of the parent for the childcare service in the child group;

(f) an indication of the child's health insurance undertaking;

(g) telephone and, where appropriate, other contact with the parents and the person referred to in (c);

(h) a medical opinion on the medical fitness of the child, including proof that the child has undergone the prescribed periodic vaccination or is immune to the disease or that he cannot undergo vaccination for contraindication17); a medical assessment and document shall be issued by the registrar of medical services in the field of practical medicine for children and adolescents or by a provider in the field of practical medicine for children and adolescents, if he does not have a child in the register of the provider,

(i) a document from a parent of a child, a spouse, a partner or a registered partner under another law or another parent who is not a parent of a child, but who is living with a parent in the same household, requesting a contribution from the provider to the operation of a child group, demonstrating:

1. the existence of a basic employment relationship or service and, in the case of a child care service in a child group provided within 24 hours during the operating day, inclusion in a multi-shift or continuous working regime;

2nd day form of study,

3. the registration of the applicant for employment,

4. compliance with the obligation to pay social security contributions;

5. the performance of the self-employed person's obligation to pay advances on pension insurance premiums and the contribution to the state employment policy; or

6. care for a loved one who is dependent on the assistance of another natural person in grade II (moderate dependence), III (severe dependence) or IV (complete dependence),

(j) a statement evidencing a relationship with the parent of the child as referred to in (i) made by a spouse, partner or registered partner under another law or by a kind of parent who is not the parent of the child but who lives with a parent in the common household;

(k) notification by a parent pursuant to Article 13 (3), where the provider makes a contribution to the operation of the child group.

(2) The parent shall provide evidence to the provider at the latest on the starting date of the child's attendance in the child group of the medical assessment of the child's medical fitness and the document referred to in paragraph 1 (h). The medical assessment of the child shall be valid until the change in the child's medical fitness. If there is a change in the fitness of the child, the parent shall be obliged to provide evidence of a new medical assessment within 10 days of the expiry date of the initial medical assessment.

(3) The parent is obliged to provide proof to the provider at the latest on the starting date of the child's attendance in the child group of the documents referred to in paragraph 1 (i) and (j). The parent shall notify and document any changes to the documents referred to in paragraph 1 (i) within 10 days of the date of origin.

(4) The document referred to in paragraph 1 (i) shall be:

(a) a contract of employment or other document proving the existence of a fundamental employment relationship or service;

(b) if the daily form of study is established, a certificate of study,

(c) where the registration of a person as a candidate for employment, the certificate of the Labour Office - regional branch of the Labour Office or branch of the Labour Office for the Capital City of Prague (hereinafter referred to as "Regional branch of the Labour Office") shows that the person is kept in the register of jobseekers;

(d) where the performance of an obligation of a self-employed person to pay the advance on pension insurance premiums and the contribution to the state employment policy is demonstrated by an affidavit of the parent who is self-employed, the obligation to pay the advance on the pension insurance and the contribution to the state employment policy;

(e) if the care of a loved one is demonstrated by a person who is dependent on the assistance of another natural person in grade II (moderate dependency), III (severe dependency) or IV (complete dependency), the confirmation of the regional branch of the Labour Office on the registration of a caring person under the Social Services Act;

(f) where the performance of the obligation to pay social security contributions is demonstrated, the declaration of honour of the person, if not the person in the primary employment relationship or service relationship referred to in (a).

(5) Children's records include a contract to provide a child care service in the child group.

(6) The provider shall keep the data and documents contained in the children's record of a particular child for 10 years from the calendar year following the end of the provision of the childcare service by the parents of that child in the child group. The provider shall keep 1 copy of the education and care plan and internal rules even after their expiry for the same period as the contracts which refer to these documents.

(7) The provider shall provide evidence to the Labour Office by an honest declaration of the fact that the parent of the child whose capacity is occupied, or the spouse, partner or registered partner in accordance with another law or type of parent who is not the parent of the child but who is living with him or her in the common household, has supported the document referred to in paragraph 4, including, where applicable, the inclusion in the multi-shift or continuous working arrangements referred to in Article 20d (5).

§ 12

Injury liability insurance

The provider is obliged to take out liability insurance for damage caused in the provision of a childcare service in the child group; This insurance must be arranged as long as the provider provides a childcare service in the child group.

§ 13

Contract for the provision of childcare services in the child group

(1) The provider is obliged to conclude a written contract with the parent to provide a child care service in the child group prior to the start of the child care service.

(2) The contract for the provision of childcare services in the child group must include the following elements:

(a) the name and, where appropriate, the name, surname, date of birth of the child, and where the provider receives a contribution for the operation of the child group, the address of the place of residence, the birth number of the child, if any, and if the child is not a citizen of the Czech Republic, the type and number of the identification document issued by the Czech Republic and the European number of the insured person, if allocated,

(b) the place and time of provision of childcare services in the child group;

(c) the level of remuneration for the services provided and the way in which they are paid, provided that the childcare service in the child group is provided with the payment of the parent for the child care service in the child group;

(d) the conditions governing the meals of the child, including drinking arrangements, following the duration and age of the child;

(e) arrangements for compliance with internal rules;

(f) the arrangements for the procedure referred to in Article 9;

(g) the way in which the legal relationships arising from the contract are terminated;

(h) the duration of legal relations arising from the contract;

(i) an indication of whether the provider draws a contribution to the operation of the child group;

(j) where the provider requests a contribution to the operation of the child group, the obligation of the parent referred to in paragraph 3;

(k) a statement by the parent that he has become familiar with the education and care plan and internal rules;

Citation	Act No. 247 / 2014 Coll., on the provision of childcare services in a children's group and on the amendment of related laws
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	14.11.2014
Effective from	01.09.2014
Effective until	-
Status	Valid

Act No. 247 / 2014 Coll.

Law on the provision of childcare services in a child group and on the amendment of related laws

Contents