Act No. 254 / 2014 Coll.
Act amending Act No. 108 / 2006 Coll., on social services, as amended, Act No. 111 / 2006 Coll., on aid in material distress, as amended, and Act No. 73 / 2011 Coll., on the Labour Office of the Czech Republic and on the amendment of related laws, as amended
Valid
Law
Effective from 01.01.2015
254
THE LAW
of 22 October 2014
amending Act No. 108 / 2006 Coll., on social services, as amended, Act No. 111 / 2006 Coll., on aid in material distress, as amended, and Act No. 73 / 2011 Coll., on the Labour Office of the Czech Republic and on the amendment of related laws, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Social Services Act
Act No. 108 / 2006 Coll., on Social Services, as amended by Act No. 29 / 2007 Coll., Act No. 213 / 2007 Coll., Act No. 261 / 2007 Coll., Act No. 124 / 2008 Coll., Act No. 129 / 2008 Coll., Act No. 274 / 2013 Coll., Act No. 347 / 2010 Coll., Act No. 420 / 2011 Coll., Act No. 73 / 2011 Coll., Act No. 364 / 2011 Coll., Act No. 366 / 2011 Coll., Act No. 375 / 2011 Coll.
1. in § 3 (h):
"(h) the medium-term plan for the development of social services is a strategic document approved by the municipality or region for a period of 3 years resulting from active identification of the needs of persons in the territory of the municipality or region and the search for ways of satisfying them using available resources; its content is a summary and the results of the underlying analyses and data, a description of how the plan is to be processed, including the definition of cooperation with municipalities, social services providers and persons to whom social services are provided, a description and an analysis of the available resources and needs of the persons to whom the social services are intended, including an economic evaluation, a strategy for the provision and development of social services, including a description of the future desirable situation and the measures through which this situation should be achieved, the obligations of stakeholders, the monitoring and evaluation of the implementation of the plan, including the way in which changes in the provision of social services can be made and the way of ensuring the network of social services in the region; the medium-term plan for the development of social services may be supplemented by action plans prepared for a period of one year based on the medium-term plan for the development of social services; ';
2. in Article 3, the following point (i) is added:
"(i) a social services network, a summary of social services which, in sufficient capacity, appropriate quality and with appropriate local accessibility, help to address the adverse social situation of persons in the region and which are in line with the identified needs of persons in the region and available financial and other resources; the network of social services is part of the medium-term plan for the development of the social services of the region. ';
3. In Paragraph 4 (1), the words "or a person employed, self-employed, a person retaining such status and his family members entitled to equal treatment under the European Union63 Code 'shall be added at the end of the text in point (j).
Footnote 63 reads:
"(63) Article 7 and 24 of Directive 2004 / 38 / EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, amending Regulation (EEC) No 1612 / 68 and repealing Directives 64 / 221 / EEC, 68 / 360 / EEC, 72 / 194 / EEC, 73 / 148 / EEC, 75 / 34 / EEC, 75 / 35 / EEC, 90 / 364 / EEC, 90 / 365 / EEC and 93 / 96 / EEC."
4. In Paragraph 22, at the end of paragraph 1, the words "; the obligation to repay the contribution or part thereof shall also be added to the person who, after the death of the beneficiary, has accepted the contribution or part thereof which does not belong to him '.
5. In the first sentence of Paragraph 38, the words "to promote life in their natural social environment 'shall be inserted after the words" with a view to'.
6. In Article 75 (2), the dot at the end of point (d) is replaced by a comma and the following point (e) is added:
"(e) to the surviving spouses of the persons referred to in points (b) to (d) above 70 years of age."
7. in § 79 (1) (f):
"(f) the provision of personnel, material and technical conditions corresponding to the type of social services provided,"
8. in § 82 (3) (c):
"(c) the provider of social services, even after the imposition of a penalty for administrative misconduct pursuant to Article 107 (2) (m), fails to comply with the measures imposed to address the deficiencies in compliance with the quality standards of social services established in the inspection of the provision of social services; or"
9. In the first sentence of Paragraph 85 (4), the words ", information on the outcome of the inspection of the provision of social services' shall be inserted after the words" pursuant to Paragraph 81 (2) (d) 'and the words "the Regional Branch of the Labour Office' shall be replaced by" the Ministry '.
10. Paragraph 86 (3) is deleted.
11. in the first sentence of Article 93a (1), "Article 92 (d)" is replaced by "Article 92 (b) and (d)";
12. in Paragraph 94, at the end of point (e), the dot is replaced by a comma and the following point (f) is added:
"(f) cooperate with the region in identifying the social services network in the territory of the region; to this end, it shall communicate to the county information on the capacity of social services needed to ensure the needs of persons in the territory of the municipality and co-create the conditions for ensuring the needs of those persons. ';
13. In Paragraph 95, at the end of point (g), the dot is replaced by a comma and the following point (h) is added:
"(h) determines the network of social services in the region; taking into account the information communicated by the municipalities pursuant to § 94 (f). ';
14. in Paragraph 96 (b):
"(b) it shall develop a national strategy for the development of social services, monitor and evaluate its implementation and determine, in cooperation with the county, the parameters for the availability of social services."
15. in Article 96, point (c) is deleted;
16. in Paragraph 97 (1):
"(1) The inspection of the provision of social services (hereinafter referred to as" inspection ") shall be carried out by the Ministry of Social Services and by the Social Services Providers referred to in Section 84."
17. Paragraph 97 (4) reads as follows:
"(4) Social service providers shall inform the person who has concluded a contract for the provision of a social service, or the legal representative or guardian, or, where appropriate, the representative referred to in Article 91 (6), of the serious deficiencies identified during the inspection referred to in paragraph 3, if they have concluded a contract for the provision of a social service for a person who is unable to act alone. In particular, the negotiation of the amount of the remuneration in breach of § 73 to 77 and the absence of grounds of notice and notice in the contract shall be considered a serious deficiency. '
18. In Paragraph 98 (2), the second sentence is replaced by the following: "At least 1 member of the inspection team must be a member of the State assigned to the work of the Ministry. 'and the third and fourth sentences are deleted.
19. In Paragraph 98 (5), the first sentence is replaced by the following: "The Ministry is entitled to impose measures on social services providers to address deficiencies identified during the inspection; the measure imposed is part of the control finding. 'and in the second sentence, the words" the Regional Branch of the Labour Office' are replaced by the words "the Ministry 'and the words" the Regional Branch of the Labour Office' are replaced by the words "the Ministry '.
20. Article 101 shall be deleted;
21.
"37a) Act No. 250 / 2000 Coll., on the budgetary rules of the territorial budgets, as amended. Act No. 129 / 2000 Coll., on Counties (Regional Establishment), as amended. Act No. 131 / 2000 Coll., on the Capital City of Prague, as amended. '
22. in Article 101a (1), "§ 95 (g)" is replaced by "§ 95 (g) and (h)";
23. In Article 101a, at the end of paragraph 2, the sentence "The provision of funding for individual social services and the amount thereof shall be decided by the county council in accordance with the conditions laid down by the county council. ';
24. in Article 101a (3), point (c) is deleted;
Point (d) shall be renumbered (c).
25. In Section 101a, at the end of paragraph 3, the sentence "The conditions for processing and the structure of the medium-term plan for the development of social services shall be supplemented by implementing legislation."
26. Paragraph 101a (4) to (6) reads as follows:
"(4) The amount of the subsidy to the county shall be determined by the Ministry at the rate of the percentage of the county's total annual amount of funding allocated in the State budget to support social services for the financial year concerned; the percentage of the county is listed in the Annex to this Act.
(5) The Ministry provides, at its own expense, a computer programme (software) for the submission of subsidy applications and provides free of charge that programme, including updates thereof, regional authorities and social services providers registered in accordance with § 85 (1). Regional authorities and social services providers are obliged to use the subsidy application programme provided by the Ministry. The regional authorities are also obliged to use the programme to assess the subsidy applications of providers and to determine the amount of financial support. Only an application submitted by a county through this programme shall be deemed to have been submitted to the social services provider for the subsidy referred to in paragraphs 1 and 2.
(6) The Region shall provide the Ministry by 31 May of the relevant financial year by means of the computerised programme referred to in paragraph 5 with an interim overview of the implementation of the subsidy and by 31 March of the following financial year with a final overview of the implementation of the subsidy for the financial year concerned. "
27. in Article 101a (7), the words "the content of the list referred to in paragraph 3 (c)" shall be deleted;
28. In Paragraph 102, the first sentence is replaced by the following: "In order to ensure the obligation referred to in § 93 (a) and to ensure the social work activities carried out in connection with the obligations referred to in § 93 (b) and (c), a contribution shall be granted to the regions in the form of a special-purpose subsidy."
29. In Article 103, the first sentence is replaced by the following: "In order to ensure the obligation set out in Section 92 (a) and to ensure the social work activities carried out in connection with the obligations set out in Section 92 (b) to (d), the municipality with extended scope shall be granted a contribution in the form of a special-purpose subsidy."
30. In Paragraph 104, the following paragraph 6 is added:
"(6) The Ministry provides, at its own expense, a computer programme (software) for the submission of subsidy applications and provides free of charge this programme, including updates thereof, regional authorities and social service providers registered in accordance with § 85 (1). Social services providers are obliged to use a computer programme for submitting subsidy applications provided by the Ministry. The Regional Office shall, through a computer programme, express its views on the support for the social service concerned. ';
31. the following Section 105a is inserted after Section 105:
The implementing legislation sets out the normal costs of individual social services with regard to regional specificities of social services. '
32. in § 107 (2) (d):
"(d) refuse to enter into a contract with a person for the provision of social services in breach of Paragraph 91 (3);"
33.In Article 107 (2) (h), the words "within the time limit set in 'are replaced by the words" after'.
34. in Paragraph 107 (2) (m), the words "the Regional Branch of the Labour Office" shall be replaced by "the Ministry."
35. in Article 108 (4) (a) (2), "paragraphs 2 to 5" is replaced by "paragraphs 3 and 4";
36. in Article 108 (4) (a) (3):
"3. administrative offence pursuant to § 107 (2) (h) and § 107 (4),"
37. in Article 108 (4) (d), the words "or the employee of the social services provider to which the Ministry has granted marketing authorisation and the offence referred to in Article 106 (2)" shall be added at the end of the text of point 1;
38. in Paragraph 108 (4) (d), at the end of point 2, the dot is replaced by a comma and the following point 3 is added:
"3. administrative offence pursuant to § 107 (2) (b) to (g), (j), (m), (o) and (p)."
39. in Paragraph 110 (4), the comma at the end of point (b) shall be replaced by a dot and points (c) and (d) shall be deleted;
40. in § 119 (2), the words "§ 101a (3), § 105a" shall be inserted after the words "§ 99 (3)."
41. the following Annex to the Act is added:
"Attachment to Act No. 108 / 2006 Coll.
Amount of the percentage of the county in the total annual amount of funds allocated in the State budget to support social services for the financial year in question
| Kraj | V % |
|---|---|
| Praha | 8,08 |
| Jihočeský | 6,67 |
| Jihomoravský | 9,21 |
| Karlovarský | 3,40 |
| Královéhradecký | 5,46 |
| Liberecký | 4,14 |
| Moravskoslezský | 11,99 |
| Olomoucký | 7,81 |
| Pardubický | 5,37 |
| Plzeňský | 4,86 |
| Středočeský | 10,93 |
| Ústecký | 9,71 |
| Vysočina | 5,30 |
| Zlínský | 7,07 |
Transitional provisions
1. The exercise of rights and obligations from the employment relationships of employees assigned to the work in the Labour Office of the Czech Republic, who, on 31 December 2014, performed tasks in the field of inspection of the provision of social services, goes to the Ministry of Labour and Social Affairs on 1 January 2015.
2. Proceedings on administrative delicacies pursuant to § 107 (2) (b) to (g), (j), (m), (o) and (p) of Act No. 108 / 2006 Coll., as effective before 1 January 2015, established in the course of the inspection of the provision of social services, initiated and final before that date shall be completed in accordance with Act No. 108 / 2006 Coll., as effective before 1 January 2015.
3. Inspection of the provision of social services started before 1 January 2015 by the Office of Labour of the Czech Republic - regional branches and branches for the Hlm Prague will be completed by the Ministry of Labour and Social Affairs.
4. The Office of Labour of the Czech Republic - Regional Branch and branch for hl. m. Prague will be handed over by 31 January 2015 at the latest to the Ministry of Labour and Social Affairs of the Ministry of Labour and Documents related to the inspection of the provision of social services.
5. Information about the result of the inspection carried out and completed before 1 January 2015 will be entered in the register of the Labour Office of the Czech Republic - Regional Branch or branch for hl. m. Prague by 31 January 2015.
6. An administrative offence pursuant to § 107 (2) (m) of Act No. 108 / 2006 Coll., as effective from 1 January 2015, is also considered to be a failure to comply with a measure imposed before 1 January 2015 by the Office of the Labour of the Czech Republic - a regional branch or a branch for hl.m. Prague or a failure to report on the implementation of the measure.
7. Professional competence to pursue the profession of social worker acquired pursuant to § 110 (4) (c) or (d) of Act No. 108 / 2006 Coll., as effective before 1 January 2017, shall be deemed to have been fulfilled after that date.
Change of aid law in material emergency
In Act No. 111 / 2006 Coll., on aid in material distress, as amended by Act No. 165 / 2006 Coll., Act No. 585 / 2006 Coll., Act No. 261 / 2007 Coll., Act No. 379 / 2007 Coll., Act No. 239 / 2012 Coll., Act No. 206 / 2008 Coll., Act No. 306 / 2008 Coll., Act No. 366 / 2011 Coll., Act No. 375 / 2011 Coll., Act No. 427 / 2010 Coll., Act No. 73 / 2011 Coll., Act No. 206 / 2011 Coll., Act No. 329 / 2011 Coll.
In order to ensure the social work activities carried out in connection with the obligations set out in Sections 63 and 64, the entrusted municipalities and municipalities with extended scope shall receive a contribution in the form of a special-purpose subsidy. The grant is granted by the Ministry under special legislation77). The subsidy from the State budget is granted to entrusted municipalities and municipalities with extended scope through the county budget; that regional activity is a delegated activity.
77) Act No. 218 / 2000 Coll., on budgetary rules and amending certain related laws (budgetary rules), as amended. '
Amendment of the Act on the Labour Office of the Czech Republic
Act No. 73 / 2011 Coll., on the Labour Office of the Czech Republic and on the amendment of related laws, as amended by Act No. 366 / 2011 Coll., Act No. 375 / 2011 Coll., Act No. 331 / 2012 Coll., Act No. 401 / 2012 Coll. and Act No. 306 / 2013 Coll., are amended as follows:
1. in Article 4 (1) (e), the words "and inspection of the provision of social services" shall be deleted;
2. In the third sentence of Article 4a (2), "Article 92 (d) 'is replaced by" Article 92 (b) and (d)';
EFFECTIVE
This Law shall enter into force on 1 January 2015, with the exception of Article I (7), (25), (31), (39) and (40), which shall become effective on 1 January 2017.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 254 / 2014 Coll., amending Act No. 108 / 2006 Coll., on Social Services, as amended, Act No. 111 / 2006 Coll., on aid in material distress, as amended, and Act No. 73 / 2011 Coll., on the Labour Office of the Czech Republic and on the amendment of related laws, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.11.2014 |
|---|---|
| Effective from | 01.01.2015 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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