Act No. 84 / 2025 Coll.

Act amending Act No. 247 / 2014 Coll., on the provision of childcare services in a child group and on the amendment of related laws, as amended, and other related laws

Valid Effective from 01.05.2025
84
THE LAW
of 26 February 2025
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 other related laws
Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment to the Child Care Service Act in the Child Group
Čl. I
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., Act No. 183 / 2017 Coll., Act No. 329 / 2021 Coll., Act No. 407 / 2023 Coll. and Act No. 263 / 2024 Coll., is amended as follows:
1. The heading of Section 2 reads:
"Definition of certain terms."
2. In Section 2, "non-profit-making 'is replaced by" non-profit-making' and "household 'is replaced by" residence'.
3. In Article 2, the current text becomes paragraph 1 and the following paragraphs 2 to 5 are added:
"(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. ';
4.
„§ 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) State. ';
5. Article 4 shall be deleted, including the title.
6. In Article 5 (1), the words "and the natural person representing the legal person as a member of the statutory body and, if the child care service is provided in a neighbouring child group, the reliability of the person to be or to be provided 'shall be added at the end of the text of point (a).
7. In Paragraph 5 (1), at the end of point (c), the words "if not for the provision of a childcare service in a neighbouring child group 'shall be added.
8. In Article 5 (1) (f), the words "acting and exercising on behalf of the Czech Republic the rights and obligations of legal relations arising from the provision of the childcare service in the child group 'shall be inserted after the words" applying for the grant'; and the words "granting 'shall be replaced by the words" granting'.
9. in Article 5 (1) (g), the word "State," the words "or a contribution organisation set up by the local authorities" and the words "budgetary rules" shall be deleted; the words "application for award" shall be replaced by "grant" and the word "a" shall be replaced by a comma;
10. In Article 5, at the end of paragraph 1, the dot is replaced by "a 'and the following point (i) is added:
"(i) ensuring appropriate premises and operating conditions of the neighbouring child group.";
11. in Article 5, the following paragraph 2 is inserted after paragraph 1:
"(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. ';
Paragraphs 2 to 7 shall be renumbered paragraphs 3 to 8.
12. in Article 5 (3) (a), the words "pursuant to Article 2" shall be deleted;
13. In Article 5, at the end of paragraph 3, the dot is replaced by a comma and the following point (d) is added:
"(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 does not include the provider of the childcare service in the neighbouring child group.";
14. in Article 5 (4), the words "Article 2" shall be deleted after the word "carried out" shall be inserted the word "fair," "; the words" caring person "shall mean a natural person who is with a provider in a basic employment relationship, unless he is also a provider of a child care service in a child group under Article 3 (2) (i)," shall be replaced by the words "who is with the provider in a basic employment relationship, unless he is also a provider of a child care service in a 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 § 5a (3) '.
15. in Article 5 (6), the words "not for a child care service in a neighbouring child group," shall be inserted after the words "4 (a), (e) or (f)," shall be replaced by "5 (a), (c), (e) or (f)."
16. in Article 5 (7), the words "Article 2" shall be deleted and the words "4 (c), at least 20 hours per week," shall be replaced by the words "5 (c) with which 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 for a child care service in a neighbouring child group."
17. Paragraph 5 (8) reads:
"(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. "The words" child group "or" neighbourhood child group "may only be used by the provider in the name of the child care service. '
18. The heading of § 5a reads:
"integrity and reliability."
19. Paragraph 5a (1) is deleted.
Paragraphs 2 and 3 shall be renumbered paragraphs 1 and 2.
20. In Paragraph 5a (1), the words "which have not been repeatedly imposed in the last 3 years an administrative penalty for committing an infringement pursuant to Paragraph 22 (1) (e) 'are replaced by the words" which are viewed as not being convicted'.
21. in Paragraph 5a (2):
"(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 be more than 3 months old. '
22. In Paragraph 5a, paragraphs 3 to 5 are added:
"(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 the reliability, the Labour Office shall, in accordance with the Code of Criminal Procedure and the record of offences, request a copy of the criminal record and a copy of the record of offences administered by the Ministry of Justice. '
23. in Paragraph 5b (1), the words "under Paragraph 2" shall be deleted and the words "under Paragraph 3 (2) (i)" shall be replaced by the words "child care services in a neighbouring child group."
24. in Article 5b (2), the words "valid for 2 years from the date of issue" shall be deleted;
25. in Article 5b (4), the words "during the period of validity of the medical opinion" shall be deleted;
26. in Article 5b (5), the words "during its period of validity" shall be replaced by the words "pending the submission of a new medical opinion."
27. in Article 5c (1), the words "or at least 4 hours per calendar year, if the person concerned is employed by the child care service provider in a neighbouring child group, shall be inserted after the word" year "if the basic employment relationship between the caring person and the provider lasts for the whole calendar year."
28. In Paragraph 5c, the following paragraph 2 is inserted after paragraph 1:
"(2) A child care service provider in a neighbouring child group shall be obliged to undergo 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 education, to take a first aid course aimed at childcare at at least once every 2 calendar years. '.
Paragraphs 2 to 5 shall be renumbered paragraphs 3 to 6.
29. in Article 5c (4), "2" is replaced by "3."
30. in Article 5c (6), "4" is replaced by "5."
31. in § 5d (2) of the introductory part of the provision, the words "work and social affairs (hereinafter referred to as" the Ministry ")" shall be inserted after the words "Ministry."
32. The heading of Section 6 reads:
"Reimbursement for Child Services in Children's Group."
33.Paragraph 6 (1) reads as follows:
"(1) Child care services in the child group shall be provided free of charge or with partial or full payment of the parent."
34. in Article 6, paragraph 2 is deleted;
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
35. in Paragraph 6 (2), the word "cost" shall be replaced by the words "child care service in the child group."
36. in Article 6 (3), the words "and that" shall be inserted after the words "to the child group."
37. In Article 7, at the end of the text of paragraph 1, the words "if not a neighbouring child group in which the maximum capacity is 4 children 'are added.
38. in Paragraph 7 (4):
"(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 a household with the provider, and who is cared for at the time of providing the childcare service in the neighbouring child group. ';
39. in Paragraph 8 (1), the first sentence is deleted; in the second sentence, the words "reimbursement of the costs associated with it" are replaced by the words "reimbursement"; after the words "12 months," the words "or a child in a neighboring child group" shall be inserted after the words "catering"; and at the end of the paragraph, the words "the provider is obliged to provide the child with a drinking regime, unless otherwise agreed in the contract."
40. The heading of Section 9 reads:
"Procedure for illness of children and others."
41. In Article 9, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(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 the infection could endanger the health of the child. ';
42.In Article 10 (1), point (d) is deleted.
Points (e) and (f) shall be renumbered as points (d) and (e).
43.
"(d) the conditions for the provision of a child care service in a child group, including the determination of whether the child care service in a 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 a child group with a partial or full payment of the parent's criterion under Article 6 (2),";
44. in Article 10 (1), the words "and operational time of each operating day" shall be added at the end of the text in point (e).
45. In Article 10, at the end of paragraph 1, the dot is replaced by a comma and the following points (f) and (g) are added:
'(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 to those persons, if any, if the child care service is in a neighbouring child group provided at the provider's residence. ';
46. In the first sentence of Paragraph 10 (2), the words "and sanitary 'are replaced by", sanitary and social'.
47. In Article 10, the following paragraph 4 is added:
"(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."
48. in Paragraph 11 (1) (d), the word "staying" is replaced by the words "to reside in the child group under the childcare service contract and the attendance of the child; a child care service provider in a neighbouring child group shall be required to ensure that, for each operating day, the signature of the parent or other person referred to in point (c) confirming the attendance of the child and the parent of the child attending the neighbouring child group is given by the provider of the necessary synergies'.
49. in Paragraph 11 (1) (e), the words "reimbursement of costs" shall be replaced by the words "the amount of remuneration of the parent."
50. in Article 11 (1) (i):
"(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 lives with a parent in a common household, where the provider requests a contribution 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). ';
51. In Article 11, at the end of paragraph 1, the dot is replaced by a comma and the following points (j) and (k) are added:
"(j) a statement evidencing a relationship with the parents of the child as referred to in (i) made by a spouse, partner or registered partner under another law or by a type of parent who is not the parent of the child but lives with a parent in the common household;
(k) notification by the parent pursuant to Article 13 (3), where the provider makes a contribution to the operation of the child group. ';
52. In the first sentence of Article 11 (3), the words "and (j) 'are inserted after the words" (i)'.
53.In Article 11 (4) (a) and (b), the word 'parents' shall be deleted.
54. In Article 11 (4) (c), the word "parents" shall be replaced by the word "persons," after the words "employment office - regional branch of the employment office or branch of the employment office for the capital of Prague," the words "(hereinafter referred to as" regional branch of the employment office ") shall be replaced by the words" person is maintained. "
55. in Paragraph 11 (4) (d), the words "the obligation of a parent who is a self-employed person" shall be replaced by the words "the performance of the obligation of a self-employed person."
56. In Article 11, at the end of paragraph 4, the dot is replaced by a comma and the following points (e) and (f) are added:
"(e) where the care of a close person is demonstrated by a person who is dependent on the assistance of another natural person in grade II (moderate dependency), III (severe dependence) or IV (complete dependency), the confirmation of the regional branch of the Office of Labour on the records of the caring person under the Social Services Act;
(f) where compliance with the obligation to pay social security contributions is demonstrated, a declaration of honour of the person, if not for the person in the primary employment relationship or service relationship referred to in (a). ";
57. In Article 11 (6), the word "from 'is replaced by the words" from the calendar year following' and at the end of the paragraph the sentence "The provider is obliged to keep 1 copy of the education and care plan and internal rules after the expiry of them, for the same period as the contracts which refer to these documents. ';
58. In Article 11, the following paragraph 7 is added:
"(7) The provider shall provide evidence to the Labour Office by an honest declaration of the fact that the parent of the child occupying the capacity post, or the spouse, partner or registered partner under another law, or the type of parent who is not the parent of the child but who is living with him in the common household, has provided him with 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). ';
59. In Section 12, the words "before the provision of a child care service in the child group is started 'are deleted.
60. in Article 13 (2), the following point (a) is inserted:
"(a) the name and, where appropriate, the name, surname, date of birth of the child, and where the provider receives a contribution to 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,";
Points (a) to (g) shall be renumbered (b) to (h).
61. in Paragraph 13 (2) (c), the words "the costs of the service provided" shall be replaced by the words "the services provided" and the words "the reimbursement of costs" shall be replaced by the words "the payment of the parent for the child care service in the child group."
62. In Paragraph 13 (2) (h), "period" is replaced by "period."
63. In Paragraph 13, at the end of paragraph 2, the dot is replaced by a comma and the following points (i) to (m) are added:
"(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;
(l) the e-mail address of the parent, if the provider makes a contribution to the operation of the child group,
(m) the period during which the childcare service is provided in the child group. ';
64.Paragraph 13 (3) reads as follows:
"(3) The parent shall notify immediately in writing the provider receiving the contribution to the operation of the child group of the conclusion of a child care service contract in a child group with another provider also receiving the contribution to the operation of the child group, if the same child is involved. The notification shall include an indication of the dates of the week and the period during which the childcare service is to be provided to another provider in the child group. '.
65. In Article 13, the following paragraph 4 is added:
"(4) In the event of a change to the education and care plan or internal rules, the parent may withdraw from the childcare service contract in the child group within 30 days of the date on which he is informed in writing of the changes. '.
67. The following Sections 13b to 13d are inserted after Section 13a, including the headings:
„§ 13b
Obligation of the municipality to provide conditions for childcare
(1) At the request of the parent, the municipality is obliged to ensure the conditions for childcare for which the municipality is obliged to provide the conditions for pre-school education of children under § 179 of the Education Act, from the date of the child's 3 years of age to the date of establishment of that obligation under § 179 of the Education Act, provided that:
(a) the parent's application for the child's admission to pre-school education is not granted in a parent's secondary school submitted at the time of registration under the school law;
(b) a request to ensure the conditions for childcare shall be made by the parent within 30 days of the date of service of the decision not to accept the child for pre-school education;
(c) the child has undergone the prescribed periodic vaccination, has evidence that he is immune to the disease or cannot undergo the vaccination for contraindication; and
(d) parent
1. is in a basic employment relationship or in a service relationship;
2. study in daily form;
3. is registered as a candidate for employment;
4. is a provider of childcare services in a neighbouring child group; the obligation to ensure the conditions for childcare, the parent of which is the provider of the childcare service in the neighbouring child group, cannot be fulfilled by the municipality by providing a capacity position in the neighbouring child group or by paying the costs incurred by the parent for the child care service in the neighbouring child group,
5. has an obligation to pay social security contributions;
6. is a self-employed person who has an obligation to pay advances on pension insurance premiums and a contribution to national employment policy; or
7. Care for a close person who is dependent on the assistance of another natural person in stage II (moderate dependence), III (severe dependence) or IV (complete dependence).
(2) The obligation to ensure the conditions of childcare for the municipality
(a) ensuring a capacity position in the child group,
1. a proposal by parents to conclude a contract to provide a child care service in a children's group operated by the municipality,
2. ensuring the possibility for the child's parent to conclude a contract for the provision of a child care service in a child group with a legal person established or established by the municipality; or
3. ensuring the possibility for the child's parent to conclude a contract for the provision of a child care service in a child group operated in the school district of a parent school in which the child was not admitted to pre-school education with another person providing a child care service in the child group; or
(b) reimbursement of costs which a parent has demonstrated for the child care service in a child group provided under this Act or for preschool education in a nursery school under the Education Act or for childcare provided under the Commercial Act, up to a maximum of the amount referred to in Article 20a (2), for the duration of the municipality's obligation to ensure the conditions for childcare.
(3) With the agreement of the parent, the municipality may fulfil the obligation to ensure the conditions for childcare
(a) by providing a capacity point as referred to in paragraph 2 (a) (3) in a child group operated outside the school district of a parent school to which the child has not been admitted to pre-school education; or
(b) ensuring that the child is admitted to pre-school education in a nursery school outside the school district of the secondary school in which the child has not been admitted to pre-school education.
(4) The municipality shall decide on how to fulfil the obligation to ensure the conditions for childcare no later than 60 days before the establishment of the obligation. An appeal against this Decision shall not be admissible.
(5) The obligation of the municipality to ensure the conditions for childcare shall cease if, on the date of its establishment, the parent does not provide evidence to the municipality in accordance with § 11 (1) (h) and (i). Paragraph 11 (2) of the second and third sentences, paragraphs 3 and 4 shall apply mutatis mutandis. The obligation of the municipality to ensure the conditions for childcare shall continue to expire on the day on which the parent refused to conclude a contract for the provision of a childcare service in a child group pursuant to paragraph 2 or 3, or if the child did not enter a nursery school in accordance with paragraph 3 (b).
§ 13c
(1) The Ministry shall monitor once a year the occupied capacity points and staffing of the childcare service in child groups in order to plan available capacities, the medium-term outlook of expenditure of the state budget on child care, related family policy measures and statistical needs.
(2) The provider shall, for the purposes of the activities of the Ministry referred to in paragraph 1, send to the Ministry, by 15 October each year, by electronic application in accordance with § 20n, the anonymous data in force on 30 September of the same calendar year. The provider shall communicate to the Ministry:
(a) data on children entering a child group under a child care service contract in a child group with a parent,

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Regulation Information

CitationAct No. 84 / 2025 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 other related laws
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation27.03.2025
Effective from01.05.2025
Effective until-
Status Valid
Parliamentary Paper: Paper No. 716
The regulation text is for informational purposes only.
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