Decree No. 458 / 2005 Coll.
Decree adjusting the details of the organisation of educational care in educational care centres
Valid
Order
Effective from 28.11.2005
Text versions:
28.11.2005
458
DECLARATION
of 10 November 2005
adjusting the details of the organisation of educational care in educational care centres
The Ministry of Education, Youth and Sports (hereinafter referred to as "the Ministry ') provides, pursuant to § 41 (1) (c) and (g) of Act No. 109 / 2002 Coll., on the performance of constitutional education or protective education in educational establishments and on preventive educational care in educational establishments and on the amendment of other laws, and under § 121 (1) of Act No. 561 / 2004 Coll., on pre-school, primary, secondary, higher vocational and other education (Education Act):
Preliminary provisions
(1) This Decree regulates the details of the organisation of educational care in educational centres (hereinafter referred to as "the Centre ') and lays down the model internal rules of the Centre. In addition, it shall lay down the details of the content and scope of the Centre's activities, the conditions under which the Centre provides its services, the organisation and conditions of operation of the Centre, the criteria for admission to and release from the Centre of the persons referred to in paragraph 2.
(2) For the purposes of this decree, educational care at the Centre shall be understood as continuous pedagogical activity aimed at creating and influencing conditions that allow the individual to be involved in society and the healthy development of his personality. The basis of care is the provision of specially educational and psychological services to children at risk of behavioural disturbances or with already developed behavioural and negative effects in social development, who are not ordered to have a constitutional education or to receive protective education or, where appropriate, to mature persons until the end of secondary education (hereinafter referred to as "the client ').
(3) Education in the Centre includes activities aimed at supporting customer education and motivation for self-learning within lifelong learning (1).
(4) This decree applies mutatis mutandis to the provision of educational care by diagnostic institutions (m2).
Care content of the centre
(1) The Centre shall provide the following services:
(a) diagnostic,
(b) preventive education; and
(c) advisory.
(2) Diagnostic services are:
(a) psychological diagnosis of personality,
(b) specifically pedagogical and pedagogical diagnostics of behavioural and social developments;
(c) social diagnosis of cross compliance with the causes of behavioural and social developments.
(3) Preventive education services are:
(a) educational activity aimed at preventing or correcting behaviours and social rehabilitation activities;
(b) drawing up an individual training plan in accordance with Article 3 (4) and supporting the client to implement it;
(c) one-off, short-term and long-term management of clients in the form of individual, group and family therapeutic activities;
(d) developing and implementing specifically educational and therapeutic programmes aimed at the needs of individual clients and for groups of clients;
(e) the processing and implementation of a specifically targeted pedagogical programme for class collective in the prevention and management of socio-pathological phenomena at the initiative of the school or schoolingfacilities (3).
(4) The advisory services are:
(a) advisory intervention, including telephone intervention and psychological support to a client who is in a difficult life situation which he is unable to resolve himself;
(b) advisory activities aimed at preventing the emergence of socio-pathological phenomena, addressing problems arising from client behavioural disturbances and adverse effects, and professional activities aimed at supporting the integration of the client into society;
(c) providing information aimed at the appropriate choice and management of training and supporting the client in order to obtain the qualifications needed for better application in the labour market.
Centre care organisation
(1) For the duration of the service to the client, the Centre shall cooperate with the school of which the client is a pupil to support his education, provided that the legal representative of a minor client or an adult client gives written consent to the transfer of data on the client to the school. The provision of consent shall be carried out in accordance with the special legislation4). Consent to the Centre for cooperation with the School is not needed for services provided under § 2 (3) (e).
(2) For the duration of the service to a minor client, the Centre shall cooperate with the social protection authorities of children in order to ensure the rapid exchange of information and effective assistance to that minor client, whose development is threatened or disturbed by socio-pathological conditions (5).
(3) Educational care at the Centre is provided to the client by a psychologist, a specialist educator and a tutor who fulfils the conditions laid down by special legislation6).
(4) No later than 14 days after the client's admission to the outpatient department of the Centre, the Centre and the client shall draw up an individual educational plan. The individual educational plan is aimed at correcting behavioural disorders, preventing negative events in social development and healthy personality development.
(5) The Director of the Centre (hereinafter referred to as "the Director") will acquaint himself with the established individual training plan of the client and the legal representative of the minor client. A client and legal representative of a minor client shall confirm this fact by signing the individual educational plan. Both the client and the legal representative of a minor may, within three days of getting to know the individual educational plan in writing. This statement may not affect the start of the implementation of the individual educational plan.
(6) The provision of educational care may be temporarily restricted or interrupted at the Centre only for serious reasons and on the basis of the written consent of the founder. Organisational or technical reasons which make it impossible to provide services in accordance with Paragraph 2 (1) shall be considered as serious reasons.
Breakdown of the Centre
(1) The Centre is organised to be divided into departments established according to the form of care provided (7).
(2) Only the outpatient department has an outpatient centre that provides customer care only through outpatient services. The outpatient department doesn't go around.
(3) The Centre, which also provides customer care in the form of day-to-day services outside the services referred to in paragraph 2, shall also have a full-time unit. The department of the entire day is subdivided in accordance with § 7 (1).
(4) The Centre, which also provides care in the form of boarding services to clients outside the services referred to in paragraph 2, shall also have a boarding unit. The boarding department shall be subdivided in accordance with Section 7 (1).
Outpatient Department
Ambulance department:
(a) provide educational care to clients on working days of at least 8 hours a day; the operating time shall be determined according to local conditions in the Centre's internal rules;
(b) provide advisory support to clients who are in difficult situations of life and create conditions for preventing social pathology;
(c) recommends, on the basis of the results of the examinations carried out and the course of the previous care, the appropriate form of further care and the inclusion of the client in the department of the whole-day or boarding or other professional care,
(d) implement, as appropriate, residence education and therapeutic programmes of up to 7 days; participation in residence programmes shall be conditional on a minor client's written consent by the legal representative,
(e) provide follow-up educational care to clients after their stay in the department of boarding or all-day, generally for 1 year.
Preconditions for providing care in the outpatient ward
For the provision of adequate care in the form of outpatient services8), which are at least one separate room for individual diagnostic, therapeutic and counselling activities, a separate room for group activities with clients, a separate room for administrative activities and a safe storage of documentation containing personal data, a separate room serving as a waiting room for clients, a social facility for clients, a separate room for employees of the legal person performing the activities of the centre and social facilities for those persons.
Full day and boarding department
(1) Joint educational, therapeutic and social rehabilitation activities involving clients in the whole-day or in the boarding department shall be carried out in the educational group, which is the basic organisational unit of the separation9). The department or educational groups are not divided by the sex or age of the clients.
(2) The department provides the clients with continuous educational care and meals on working days, at least 8 hours a day, but no longer than 19 hours.
(3) The boarding department provides clients with continuous educational care, accommodation and meals during their stay (10) in the centre and ensures supervision of the performance of the individual training plan by the client, provided that the school of the student has been drawn up. 11
Presumption for the provision of care by all-day and boarding services
(1) For the provision of adequate care in the form of day-to-day services:
(a) proper spatial conditions, which are one separate room for each education group, at least one classy12), room for individual diagnostic, therapeutic and advisory activities, tea kitchen, social facilities,
(b) material conditions such as audiovisual and computer technology, basic equipment for musical and artistic therapeutic activities, tea-making equipment.
(2) For the provision of adequate care in the form of boarding services:
(a) proper spatial condition13), which is the living room, bedroom of clients, separate room for pedagogical staff of the Centre, separate room for educational activity with a group of clients, tea kitchen, bathroom,
(b) indoor furniture, which is furniture for the storage of clothing, laundry and footwear of clients, books, toys, writing tables and chairs, seating sets, dining table, basic equipment for simple kitchen preparation of dishes in the tea kitchen,
(c) material conditions such as audiovisual and computer technology, domestic electrical equipment, basic equipment for sport and tourism, basic equipment for musical and artistic therapeutic activities.
(3) The boarding of boarding customers from the boarding department, including the purchase of food, can be provided with the assistance of clients.
(4) Educational care in the education group (14) is provided by at least one educator or special educator. The security of clients in the boarding school department is usually provided by an assistant educator between 20 and 8 hours.
Receipt and release of a client in the case of separation of a full day or boarding
(1) The recommendation of the outpatient department regarding the most appropriate form of further care according to § 5 (c) is a condition for the admission of a client to a department of all-day or boarding. The outpatient department justifies the proposal for admission of the client to the whole-day or boarding department, taking into account its needs, possibilities and the most appropriate conditions for fulfilling the individual educational plan.
(2) Before accepting a client in the department of a full-time or boarding school, the Director shall sign a contract with an elderly client or with a legal representative of a minor client.
(3) The contract for the admission of a client to the Centre (hereinafter referred to as "the contract") contains in particular:
(a) the name, surname, date and place of birth of the client, place of permanent residence or, where applicable, residence, if no permanent residence has been granted;
(b) in the case of underage clients, the name, surname and place of permanent residence of legal representatives or, where applicable, residence, if no permanent residence has been granted,
(c) the procedure in cases relating to the provision of health care or the expected hospitalisation in a healthcare establishment and, where possible, the means of rapid contact;
(d) the date of receipt and termination of the stay;
(e) conditions for termination or interruption;
(f) confirmation of familiarity with the Centre's internal rules and agreement to comply with them.
(4) The transfer to the Centre shall be subject to the following conditions:
(a) proof of payment for meals and accommodation in the centre of discussion 15),
(b) medical opinion on medical fitness 16) to place a client in a centre not older than 3 days,
(c) written observations by a legal representative of a minor client, in the case of an elderly client, of his written observations on the current state of health17),
(d) a copy of the last school certificate or extract from the school register, or a copy of the individual training plan, if any, if the school of the student has been drawn up;
(e) in the case of admission to the boarding department, also to the vaccination licence and to the health insurance policy of the client.
(5) The Director shall discuss, on admission to an adult client, in the case of a minor client with his legal representative, the procedure in cases relating to the provision of health care or the expected hospitalisation in a medical institution. In case of urgent hospitalisation, the Director shall immediately inform the legal representative of the minor client in writing.
(6) During the initial interview with the client, the Director shall verify the reasons for placing the client in the care of the Centre and, before signing the contract, shall instruct the client, in the case of a minor, also his legal representative, the conditions of residence in the Centre, the internal rules of the Centre and the organisational arrangements of the training.
(7) Interviews with a client or with a legal representative of a minor client which verify the facts referred to in paragraphs 3, 5 and 6 are conducted in premises which allow confidential conduct and the protection of personal data. An interview is recorded as part of the client documentation.
(8) The inclusion of the client in the education group is carried out by a pedagogical worker who informs him of the organisation of life in the education group.
(9) The Director shall, on termination of his stay, provide a final report, personal affairs of the client, a vaccination card and a health insurance claim card to the elderly client or to the legal representative of the minor client, or any other documentation received by the Centre when the client is taken into custody. A copy of the final report is included in the client documentation.
(10) The storage and disposal of documentation at the Centre shall be carried out in accordance with the specific legislation18).
Forms of the final report
(1) The Centre shall, on the basis of the results of diagnostic, preventive and advisory activities, draw up a final report proposing measures for the rational, emotional and moral development of the client and its successful social application. The report shall evaluate the progress made in the individual education plan.
(2) The final report is drawn up on the basis of a report by a psychologist, special educator, tutor and social worker of the Centre. In particular, it contains the name, surname, date and place of birth of the client, place of permanent residence or residence, if any, if permanent residence has not been granted, date of admission of the client to educational care and date of termination of care, social history, results of psychological examination, specifically educational examination and educational care. It evaluates the client's achievements in trying to correct the difficulties for which he was admitted to the care of the Centre and shows the possibilities of further educational activity. The report shall also contain:
(a) in the case of a client, the department of outpatient information on characteristics of nature including behaviour, assessment of the level of development of free properties, ability to self-evaluate, information on client's relationships with family and close persons, assessment of client's relations with authorities, information on interests, knowledge and skills of the client, including, where appropriate, information on changes in behaviour and benefit at school during care at the centre, and information on the client's image of further education and professional orientation, information on what has proven to be done in the removal of behaviours, recommendations on the use of leisure time, in the case of a minor client's education recommendations for legal representatives,
(b) in the case of a client, the department of all-day or boarding data referred to in point (a), as well as an assessment of the ability to adapt to change of environment, information on the ability to establish social relations and the position of the client in a training group, an assessment of the level of social and work habits including the ability to cooperate in a team, behavioural data in stress situations and recommendations on suitable ways to resolve interpersonal conflicts and overcome stress.
Model internal rules of the Centre
The internal rules of the Centre shall contain the elements set out in the Annex to this Order.
Transitional provision
Paragraph 3 (3) provides that the procedure is to be followed from 1 January 2007.
Efficacy
This decree shall take effect on the day of its publication.
Minister:
JUDr. Buzková v. r.
Annex to Decree No 458 / 2005 Coll.
Model internal rules of the Centre
1. Characteristics of the Centre, its structure and operation:
(a) the name of the legal person carrying out the activities of the Centre, the registered office and the telephone number, and, where appropriate, the fax number or e-mail address and the Centre's website;
(b) the organisational structure of the legal person carrying out the activities of the Centre;
(c) the characteristics of the various departments of the Centre and their tasks, including the determination of the operational time of the separation;
(d) personnel security;
(e) defining the responsibilities of the Director and the responsibilities of the staff of the legal person carrying out the Centre's activities;
(f) the organisation of cooperation with the persons responsible for education.
2. Procedure for the reception, transfer and release of clients:
(a) the organisation of the admission of a client to the Centre;
(b) the formalities for the client's residence contract in the department of the whole day or the department of the boarding school,
(c) recommended client equipment for stay in the whole-day or boarding department,
(d) cooperation with the competent authorities and institutions;
(e) the reasons for the interruption or termination of the client's stay in the whole-day or boarding department;
(f) the organisation of the client's release from the Centre;
(g) details of the final report;
(h) provision of assistance to the client after release from the Centre.
3. Organisation of educational activities at the Centre:
(a) the organisation of diagnostic activities;
(b) organisation of preventive educational activities;
(c) organisation of advisory activities;
(d) training organisation;
(e) organisation of the prevention of social pathologies;
(f) the formalities for the individual training plan;
(g) organisation of interest activities in the whole-day or in the boarding department.
4. Customer Care Organisation at the Centre:
(a) the inclusion of the client in the education group;
(b) ways of eating clients in the whole-day or boarding department;
(c) accommodation of a client in the department of boarding school,
(d) procedure in the event of a client's escape from the whole-day or boarding department;
(e) the procedure in the event of a temporary restriction or interruption of training at the Centre.
5. Rights and obligations of clients:
(a) client evaluation system, taking educational measures;
(b) the conditions for the treatment by clients of the property of a legal person engaged in the activities of the Centre;
(c) organisation of the day (working days, free days),
(d) contact of the client of the boarding house or department of the whole day with parents and other persons (visits, written, telephone and other contacts),
(e) residence of clients of the boarding department outside the Centre (trips, holidays),
(f) the procedure for the submission and handling of applications, complaints and proposals to the Director, the staff of a legal person who carries out the activities of the Centre or other persons and bodies.
6. Rights and obligations of legal representatives in cooperation with the Centre:
(a) the means of providing information to legal representatives of the Centre;
(b) how to pay the payment for meals and accommodation of the client at the Centre;
(c) participation of legal representatives in the training activities of the Centre;
(d) provision of information on a minor client;
(e) contacts between legal representatives and a minor client during their stay in the whole-day or in the boarding school department;
(f) the way in which the stay is terminated or interrupted.
7. Conditions for ensuring safety and health:
(a) customer care and prevention;
(b) procedure for client accidents;
(c) procedure for client illness;
(d) the procedure for intoxication of the client with alcohol or other addictive substances;
(e) the procedure for self-harm or suicide attempt,
(f) the procedure for the aggressiveness of a client who threatens the health and lives of others or his own.
1) § 2 (1) (b) and (h) of Act No. 561 / 2004 Coll., on Pre-school, Basic, Medium, Higher Vocational and Other Education (Education Act).
2) Article 16 (2) of Act No. 109 / 2002 Coll., as amended by Act No. 383 / 2005 Coll.
3) Paragraph 29 (1) of the Education Act.
4) Act No. 101 / 2000 Coll., on the protection of personal data and on the amendment of certain laws, as amended.
5) Sections 8, 10 (4) and 53 (1) (c) of Act No 359 / 1999 Coll., on the Social Protection of Children, as amended.
6) Articles 3, 16 (2), 18 and 19 of Act No. 563 / 2004 Coll., on pedagogic workers and on the amendment of certain laws.
7) Paragraph 16 (2) of Act No. 109 / 2002 Coll., as amended by Act No. 383 / 2005 Coll.
8) Paragraph 148 (3) (b) of the Education Act.
9) Paragraph 16 (5) of Act No. 109 / 2002 Coll., as amended by Act No. 383 / 2005 Coll.
10) Paragraph 16 (2) (c) of Act No. 109 / 2002 Coll., as amended by Act No. 383 / 2005 Coll.
11) Article 18 of the Education Act. § 6 of Decree No. 73 / 2005 Coll., on the education of children, pupils and students with special educational needs and children, pupils and students of extraordinary talents.
12) § 11 of Decree No. 410 / 2005 Coll., on health requirements for premises and the operation of facilities and facilities for the education and training of children and adolescents.
13) § 3 et seq. of Decree No. 410 / 2005 Coll.
14) Paragraph 16 (5) of Act No. 109 / 2002 Coll., as amended by Act No. 383 / 2005 Coll.
15) Paragraph 16 (3) of Act No. 109 / 2002 Coll., as amended by Act No. 383 / 2005 Coll.
16) Act No. 258 / 2000 Coll., on the Protection of Public Health and on the amendment of certain related laws, as amended.
17) Paragraph 38 (1) of Act No. 109 / 2002 Coll., as amended by Act No. 383 / 2005 Coll.
18) § 68 of Act No. 499 / 2004 Coll., on archiving and file service and on the amendment of certain laws. § 8 and 9 of Decree No. 646 / 2004 Coll., on details of the performance of the file service.
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Regulation Information
| Citation | Decree No. 458 / 2005 Coll. |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.11.2005 |
|---|---|
| Effective from | 28.11.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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