兒童及少年福利機構人員不適任資格認定資訊蒐集及查詢處理利用辦法

These regulations are stipulated pursuant to Paragraph 8, Article 81 of the Protection of Child and Youth Welfare and Rights Act (hereinafter referred to as the Act).

1The personnel of the child and youth welfare institutions (hereinafter referred to as the institutions) referred to in these regulations include:

2I. The responsible person

3(1) Public institutions: the head of the institutions.

4(2) Privatized public institutions: the responsible person of the company which is stated in the contract.

5(3) Private institutions:

61. The responsible person listed in the basic information in the application form to the competent authority of the institution based on Article 3 of the Regulations for the Establishment and Permission of Private Children and Youth Welfare Institutes.

72. The responsible person listed in the establishment permit in accordance with Paragraph 2, Article 9 of the Regulations for the Establishment and Permission of Private Children and Youth Welfare Institutes.

83. The new responsible person listed in the application form for changing the person in charge sent to the competent authority of the institution based on Paragraph 3, Article 12 of the Regulations for the Establishment and Permission of Private Children and Youth Welfare Institutes .

9II. The staff: the ones who actively engage in caring, helping with caretaking, providing services, performing administrative work and other labor services.

1The competent authority of the institutions shall embark on information collecting, processing, utilizing and inquiring of unsuitable personnel.

2When the competent authority of the institution actively or accepts the requirement to take on inquiring relevant matters about whether a certain staff member has committed any conditions stated in the Paragraph 1, Article 81 of the Act, they shall inquire relevant institutions to provide relevant data. If it is necessary, they shall directly get inquiries from relevant authorities and the requested institution should help with the inquiry.

The person in charge shall present the current staff roster of the institution to the competent authority of the institution every May and Nov. and report whether any of the staff members have violated the relevant matters stated in any subparagraphs of Paragraph 1, Article 81 of the Act.

1As the competent authority of the institutions follows the previous two Articles to determine if the investigation finds any violations of Subparagraph 1, Paragraph 1, Article 81 of the Act , then during that period, the violator shall not serve as the responsible person or a staff member of the institution.

2According to the previous two Articles, if the competent authority of the institution acknowledges that a certain staff member violated Subparagraph 2 and 4, Paragraph 1, Article 81 of the Act, they shall hold a meeting to examine the facts of the case and determine the duration of the violation. If necessary, they shall organize an investigation team to further investigate and substantiate the facts.

3According to the previous two Articles, when the competent authority of the institution acknowledges that a certain staff member violated the regulations stated in the Subparagraph 2 and 4, Paragraph 1, Article 81 of the Act, they shall form a group of professional doctors and scholars or experts in child and youth welfare and other related fields to examine whether the objective facts sufficiently constitute a suspected harm to children and youth, and determine the period during which it occurred.

4Once the competent authority of the institutions has identified and investigated an individual for infractions of the prior two paragraphs, there is no need to repeat the investigations ontheir further infractions.

If the competent authority of the institution recognizes there is a certain unsuitable individual in the institution, in accordance with the prior mentioned article, they shall notify the institution to handle it based on the provisions of Article 81 of the Act.

The competent authority of the institution, the institution being asked to help in the inquiry, and the institution personnel in charge of the inquiry, have the responsibility of confidentiality regarding the information of the suspected staff member they’ve checked. It shall not be used for other purposes except for business needs.

These regulations shall be implemented from the date of promulgation.