Act No. 329 / 2021 Coll.
Act amending Act No. 247 / 2014 Coll., on the provision of a child care service in a child group and on the amendment of related laws, as amended, and some other laws
Valid
Law
Effective from 01.10.2021
Zobrazeno prvních 200 z celkem 418 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
329
THE LAW
of 18 August 2021
amending Act No. 247 / 2014 Coll., on the provision of a child care service in a child group and on the amendment of related laws, as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment to the Child Care Service Act in the Child Group
Act No. 247 / 2014 Coll., on the provision of childcare services in a child group and on the amendment of related laws, as amended by Act No. 127 / 2015 Coll., Act No. 65 / 2017 Coll. and Act No. 183 / 2017 Coll., is amended as follows:
1. In Section 1, the words "the financing of the child care service in the child group 'are inserted after the words" the child care services in the child group'.
2.
Child care services in the child group
For the purposes of this Act, childcare services in a child group shall mean 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 household 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 skills, cultural, sanitary and social habits of the child. ';
3. Paragraph 3 (1), including footnote 1, reads as follows:
"(1) Only a person authorised to provide a child care service in a child group pursuant to § 4 (hereinafter referred to as" the provider ') may provide the childcare service. The provider provides a childcare service for the child group by the parents of whom he is an employer. Other persons who, by decision of the competent authority, have been assigned a child to the care of the parent shall also be considered as parents (1).
1) Paragraph 7 (10) of Act No. 117 / 1995 Coll., on State Social Aid, as amended. '
4. In Article 3 (2) (c), the words "or established 'shall be inserted after the words" established'.
5. in Article 3 (2) (f), the word "or" shall be deleted;
6. In Article 3, at the end of paragraph 2, the dot is replaced by a comma and the following points (h) and (i) are added:
'(h) a public research institution; or
(i) a caregiver providing a childcare service in a children's group of up to 4 children. ';
7. In Article 3 (3), "other parents' is replaced by" other parents'.
8. Paragraph 3 (4), including footnotes 2 and 3, reads:
"(4) For the purposes of this Act, the employer shall also mean the organisational body of the State in which employees are assigned to work or are engaged under an agreement on employment or an agreement on employment or civil servants in service, and the department, component or other organisational part of the Security Corps which pays members of the Security Corps (2).
2) Act No. 361 / 2003 Coll., on the service ratio of members of the Security Corps, as amended.
3) § 3 paragraphs 3 and 7 of Act No. 219 / 1999 Coll., on the Armed Forces of the Czech Republic, as amended. '
9.
Authorisation to provide a child care service in a child group
(1) The provision of a child care service in a child group under this Act is only possible on the basis of an authorisation to provide a child care service in a child group ("authorisation").
(2) The records of providers are kept by the Ministry of Labour and Social Affairs (hereinafter referred to as the Ministry). '
10. Article 5, including the title and footnotes Nos 5 to 9 and 15, reads:
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 is a legal person, the integrity of the members of his statutory body;
(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 the premises in which the childcare service in the child group is to be provided or is to be provided and sanitary requirements for the operation of the child care service in the 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 State's organisational body, the consent of the administrator of the State budget chapter in accordance with the budgetary rules to which the relevant State's organisational body is part with the application for authorisation; the administrator of the State budget chapter is not given such approval;
(g) in the case of a State contribution organisation or organisation set up by a local authority, a total of the agreement of the founder or of any person who acts as an authority in accordance with the budgetary rules; and
(h) child care insurance in the child group.
(2) The 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 pursuant to Article 2,
(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 means the day of the week after which the provider is provided a childcare service in the child group.
(3) 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 under Section 2 is carried out by a competent, mature and fully self-employed person; for the purposes of this Act, a caregiver means a natural person who is in a primary employment relationship with a provider, unless he is also a provider of a childcare service in a child group under § 3 (2) (i).
(4) 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).
(5) The provider is obliged to use the term "child group" in the name of the childcare service in the child group. Only the provider may use the words "child group 'in the name of the childcare service.
5) Act No. 96 / 2004 Coll., on the conditions for obtaining and recognising eligibility for the pursuit of non-medical medical professions and for carrying out activities related to the provision of healthcare and amending certain related laws (Law on non-medical medical professions), as amended.
6) Act No. 108 / 2006 Coll., on Social Services, as amended.
7) Act No. 563 / 2004 Coll., on pedagogic workers and on the amendment of certain laws, as amended.
8) Act No. 179 / 2006 Coll., on the verification and recognition of the results of continuing education and on the amendment of certain laws (Act on the Recognition of the Results of Continuing Education), as amended.
9) Act No. 95 / 2004 Coll., on the conditions for obtaining and recognising professional competence and specialised competence for the exercise of the medical profession of doctor, dentist and pharmacist, as amended.
15) Act No. 133 / 1985 Coll., on Fire Protection, as amended. Decree No. 246 / 2001 Coll., establishing the conditions of fire safety and performance of state fire control (Fire Prevention Order), as amended by Decree No. 221 / 2014 Coll. Decree No. 23 / 2008 Coll., on technical conditions for fire protection of buildings, as amended. '
11. in Article 5, the following paragraphs 5 and 6 are inserted after paragraph 4:
"(5) 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 referred to in Paragraph 2 is carried out by at least 1 caregiver with the competence referred to in paragraph 4 (a), (e) or (f).
(6) The provider shall ensure that, when providing a child care service in a child group, the parents of a child aged from 1 September to the age of 3 years, the activity carried out by the education and care of the child referred to in Article 2 is carried out by at least 1 caregiver with the professional competence referred to in paragraph 4 (c), at least 20 hours per week. ';
Paragraph 5 shall become paragraph 7.
12. The following Sections 5a to 5d are inserted after Section 5, including the headings and footnotes 4 and 16:
integrity
(1) The provider is obliged to ensure, when providing a child care service in a child group, that the activity carried out by the education and care of the child under Section 2 is carried out by a sound care person.
(2) 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 a comparable activity, or for an offence against a family and children whose commission may have an impact on the capacity to carry out a child care activity, or who has not repeatedly been subjected to an administrative penalty in the last three years for the offence referred to in Article 22 (1) (d), shall be deemed to be lawful.
(3) If integrity is not known to the Ministry from its official activities, it shall be evidenced by an extract from the Register of Penalties. In order to demonstrate integrity, the Ministry shall, in accordance with the Penal Register Act, request an extract from the Register of Penalties. An application for an extract from the Register of Penalties shall be sent in electronic form in a way enabling remote access. The foreign or legal person established abroad shall also provide evidence of integrity by means of a similar extract from the criminal record issued by the State of which he is a citizen or by an extract from the criminal record of the Criminal Register with an annex containing information entered in the criminal record of the Member State of which he is a citizen; where the State does not issue an extract of a similar extract from the criminal record, the alien or the competent authority of a legal person established abroad shall make a solemn declaration before the competent administrative or judicial authority of that State. The extract from the Register of Penalties and other documents proving integrity shall not exceed 3 months.
Medical fitness of the caring person
(1) The provider is obliged to ensure, when providing a child care service in a child group, that the activity carried out by the education and care of the child referred to in Article 2 is carried out by a caring person who is fit for work and fit for care of the child in a child group (hereinafter referred to as "nursing fitness"); This does not apply to a caregiver who is a provider in accordance with § 3 (2) (i), who is only shown to be fit for child care in a child group.
(2) The caring person shall demonstrate his medical fitness by means of a medical opinion valid for 2 years from the date of issue.
(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 during the period of validity of the medical assessment, 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 for a period of validity and for a further period of 3 years.
Further care education
(1) The provider is obliged to provide the caregiver with further education in the field of childcare for at least 8 hours per calendar year and, in the context of further training, the caregiver has an obligation to provide the caregiver with a first-aid course for childcare at least once every 2 calendar years.
(2) 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.
(3) Participation in further training under paragraph 2 is considered to be an extension of the qualification under another legislation16).
(4) 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.
(5) The provider shall keep the document referred to in paragraph 4 for 3 years from the date of issue.
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 shall determine by 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.
4) Act No. 373 / 2011 Coll., on Specific Health Services, as amended.
16) § 230 of Act No. 262 / 2006 Coll., Labour Code, as amended. '
13. in Paragraph 5a (2), "(d)" shall be replaced by "(e)";
14. in Paragraph 6 (1):
"(1) Child care services in the child group shall be provided without payment of costs or with partial or full reimbursement of costs; This does not apply in cases where the financing of this service is provided by means of a contribution to the operation of a child group to a capacity place occupied by a child aged from 6 months to 31 August, after reaching the age of 3 years, when the childcare service in the child group is provided for the cost of a parent up to a maximum of CZK 4,000. The government shall, by regulation, increase the maximum amount of the remuneration of the parent according to the sentence of the first part after the semicolon on a regular basis as from 1 January, according to the actual increase in the aggregate household consumer price index determined by the Czech Statistical Office, which has taken place since the beginning of the month of entry into force of the legislation determining the applicable amount of such remuneration until September of the calendar year preceding the calendar year in which the increase in that remuneration takes place, provided that the total household consumer price index of the total determined by the Czech Statistical Office is increased by at least 5% during that period."
15. in Article 6, the following paragraph 2 is inserted after paragraph 1:
"(2) The provider, pursuant to Article 3 (2) (i), provides a childcare service in a child group for remuneration which is considered to be a cost reimbursement for the purposes of this Act."
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
16.
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.
(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) A child whose parent is a provider under § 3 (2) (i) is also included in the highest possible capacity of the child group and who is cared for by that provider at the time of providing the childcare service in the 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. "
17. in Paragraph 8 (1), the first sentence shall be added at the end of the text: "This shall not apply if it is for a child aged between 6 and 12 months, to whom the parent provides food."
18. in Article 10 (1) (b):
"(b) the name and capacity of the child group;"
19. in Article 10 (1) (e), "Article 6 (2)" is replaced by "Article 6 (3)."
20. In Paragraph 10, the dot is replaced by a comma at the end of paragraph 1 and the following point (f) is added:
"(f) operating days."
21. Paragraph 11, including the title and footnote 17, reads as follows:
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 stays in the child group;
(e) an indication of the cost of 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) where the provider requests a contribution to the operation of a child group, proof of the existence of a basic employment relationship or employment relationship of the parent, the day-to-day form of the parent's studies, the record of the parent as a candidate for employment or the obligation of the parent who is a self-employed person to pay advances on pension insurance premiums and the contribution to the state employment policy under another legislation.
(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). 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 basic employment relationship or employment relationship between parents;
(b) if the day-to-day form of study of the parent is established, a certificate of study,
(c) where the registration of a parent as a candidate for employment, a certificate from the Labour Office - regional branch of the Labour Office or branch of the Labour Office for the City of Prague shows that the parent is kept in the register of jobseekers,
(d) where the obligation of a parent who is a self-employed person is to pay an advance on pension insurance premiums and a contribution to the state employment policy, an affidavit of the parent who is a self-employed person on the obligation to pay an advance on pension insurance premiums and a contribution to the state employment policy.
(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 a period of 10 years from the termination of the childcare service by the parents of that child in the child group.
17) Article 50 of Act No. 258 / 2000 Coll., on the Protection of Public Health and on the amendment of certain related laws, as amended. "
22. After Paragraph 13, the following Section 13a is inserted:
Discontinue the provision of childcare services in the child group
The provider shall notify the parents not later than 1 month before the first day of the interruption of the provision of the childcare service in the child group. If it is not possible to notify the parents of the interruption of the provision of the child care service in the child group within the period referred to in the first sentence, the provider shall notify the parents of the interruption of the provision of the child care service in the child group immediately after he becomes aware of the reason for the interruption. The notification of the interruption of the provision of the childcare service in the child group shall also be published by the provider at the premises of the child group which are accessible by the parents. ';
23.
(1) The childcare service in the child group may be provided only at the premises listed in the register of providers. The premises intended for the day-to-day stay and rest of children must meet the needs and capacities of the child group. The premises in which a child care service is provided in a child group shall be adapted so as not to endanger health or life.
(2) The premises listed in the register of providers shall be used during the operational period of the child group only for the provision of a childcare service in the child group.
(3) Where a child care service in a child group is provided in several child groups of one provider, the premises intended for the daily stay and rest of children of each child group must be constructed. Other spaces intended for several child groups of one provider need not be separated by building and parts of such spaces reserved for each child group must correspond to the capacity of each child group.
(4) Spaces intended for the provision of a childcare service in the child group may be used for other activities outside the operating hours of the child group, provided that they do not endanger health or life or adversely affect the operation of the child group. The provider shall ensure that the premises are cleaned immediately after the completion of these other activities.
(5) The provider is obliged to ensure that the operating conditions and hygiene requirements for the premises and operation of the children's group are met up to 12 children for outdoor areas, room for daily stay and rest of children, dressing room, sanitary facilities, cleaning and laundry.
(6) The operating conditions and hygiene requirements for the premises referred to in paragraph 5 and the scope of cleaning of the premises which the provider is obliged to provide under paragraph 4, second sentence, shall be laid down by the Ministry by decree.
(7) Exemptions from the hygiene requirements laid down in the implementing legislation for a child group of up to 12 children may be permitted only if the protection of public health is not jeopardised. The authorisation of the exemption shall be decided upon at the request of the provider of the Regional Health Station.
(8) The hygiene requirements for premises and the operation of a child group over 12 children are laid down in legislation governing the hygiene requirements for premises and operations 13).
13) Act No. 258 / 2000 Coll., on the Protection of Public Health and on the amendment of certain related laws, as amended. Decree No. 410 / 2005 Coll., on sanitary requirements for premises and operation of facilities and facilities for the education and training of children and adolescents, as amended. '
24.
(1) The Ministry shall grant the person, upon request, an authorisation if he fulfils the conditions set out in Sections 5 (1) and 12.
(2) An application for authorisation may also be made by means of an electronic application by the Ministry, which is accessible in a way that allows remote access.
(3) The person in the application for authorisation shall indicate:
(a) the name of the child group and its required capacity;
(b) the address of the place of supply of the childcare service in the child group;
(c) the estimated date of commencement of the childcare service in the child group.
(4) The application for authorisation shall include:
(a) proof of ownership or any other right to the premises or premises which gives the authority to use the premises or premises for the provision of a child care service in a child group;
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 329 / 2021 Coll., amending Act No. 247 / 2014 Coll., on the provision of a childcare service in a child group and on the amendment of related laws, as amended, and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.09.2021 |
|---|---|
| Effective from | 01.10.2021 |
| Effective until | - |
| Status | Valid |
Public Contracts 5
Smlouva o partnerství s finančním příspěvkem pro projekt OPZ+ - Budujeme komunitu od úsvitu do úsvit...
Město Kyjov
Kyjovské Slovácko v pohybu, z. s.
1 463 616 CZK
23.12.2025
Smlouva o dílo návrh studie proveditelnosti pro objekt Hraniční 26/3, Praha 3
Technologie hlavního města Prahy, a.s.
APRIS s.r.o.
189 970 CZK
14.11.2025
dodatek č. 1-Novostavba objektu dětské skupiny v areálu AV ČR Praha-Krč - projektové práce
Mikrobiologický ústav AV ČR, v. v. i.
Prostor 008, s.r.o.
58 080 CZK
08.04.2025
Česká filharmonie - Dohoda zaměstnavatelů o poskytování služby péče o dítě v dětské skupině
Městská knihovna v Praze
Česká filharmonie
28.11.2024
Notifications
Novostavba objektu dětské skupiny v areálu AV ČR Praha-Krč - projektové práce
Mikrobiologický ústav AV ČR, v. v. i.
Prostor 008, s.r.o.
1 488 300 CZK
16.09.2024
Source:
Hlídač státu
(CC BY 3.0 CZ)
The regulation text is for informational purposes only.
Comments 0