of November 29, 2006 No. 1362
About approval of the Standard regulations on the organization and functioning of the centers for assistance and protection of the victims of human trafficking
For the purpose of accomplishment of the Law on the prevention and suppression of human trafficking of N241-XVI of October 20, 2005. (The official monitor of the Republic of Moldova, 2005, Art. N164-167, 812) and realization of provisions of the appendix N2 to the Order of the Government N1219 of November 9, 2001. "About statement of staff of National committee on fight against smuggling of people and the National actions plan on fight against smuggling of people" (The official monitor of the Republic of Moldova, 2001, Art. N136-138, 1274), and also developments of services in assistance and protection of the victims of human trafficking DECIDES: the Government
1. Approve Standard regulations on the organization and functioning of the centers for assistance and protection of the victims of human trafficking it (is applied).
2. The centers providing services to the victims of human trafficking approve the regulations on the organization and functioning on the basis of the specified standard provision.
3. The expenses connected with the organization and functioning of the centers created by the Government or bodies of local public authority are performed within the assignments which are annually provided in the relevant budgets.
4. To the Ministry of Internal Affairs to ensure safety of the centers for assistance and protection of the victims of human trafficking.
5. To the Ministry of Labour, Social Protection and Family to coordinate opening of the relevant centers in the territory of the country and to perform monitoring of their activities.
|
Prime Minister |
Vasile Tarlev |
|
Countersign: Minister of Health and Social Affairs |
Ion Ababy |
|
Minister of Finance |
Mihail Pop |
|
Minister of Internal Affairs |
George Papuk |
Approved by the Order of the Government of the Republic of Moldova of November 29, 2006 No. 1362
1. The center of the help and protection of the victims of human trafficking (in дальнейшемцентр) is the specialized agency providing services in assistance in (re-) to integration into families and into society.
2. The purpose of the center is provision of protection and temporary accommodation of the victims of human trafficking, their socialization and (re-) integration into family and society.
3. Tasks of the center are:
providing the suitable and safe temporary place of residence for the victims of human trafficking;
ensuring process of protection of the victims of human trafficking by means of rendering to them the help and high-quality services according to individual plans and the quality standards;
assistance to process of socialization and (re-) integration of the victims into family/society;
monitoring of post-integration provision of the victims in family and in community;
content, leaving and development of the child who fell victim of human trafficking according to age features;
assistance of socialization and (re-) integration of the child into biological/foster home and into community.
4. The center performs the activities based on the following principles:
observance of fundamental human rights and freedoms;
respect for the highest interests of the child and his rights;
providing right to informing;
complete freedom of the victim;
anonymity;
high-quality services;
nondiscrimination;
family and social reintegration;
maintaining confidentiality of private life and identity of the victims of human trafficking;
respect of opinion of the adult/child who is the victim and understanding of its problems;
social support and individual care.
5. The center performs the activities according to the current legislation, this provision and the quality standards.
6. Coordination, monitoring and assessment of activities of the center are performed by departments/management of the public assistance and protection of family.
7. The center is legal entity, has separate property, own balance, settlement accounts (in Moldovan lei and in foreign currency) and other accounts in financial institutions of the Republic of Moldova, stamp, seal, the form and symbolics.
8. Users of services of the center are the victims of human trafficking, and also the potential victims - citizens of the Republic of Moldova, and stateless persons who had the right to the permanent residence in the Republic of Moldova until crossing of the territory of other state (women, children, parents/children, men).
9. The center is established in coordination with the Ministry of Labour, Social Protection and Family according to the decision:
The governments, according to the offer of National committee on fight against human trafficking;
bodies of local public authority, according to the offer of the territorial commission on fight against human trafficking;
the international and non-governmental organizations, with informing National committee on fight against human trafficking;
bodies of public management and the non-governmental or private organizations, based on the agreement on joint activities.
10. The center provides separate placement for adults and children, the victims of human trafficking.
11. The center provides housing to the victims of human trafficking for a period of up to 30 days. For protection of the victim if it is necessary, the term of accommodation can be prolonged up to 6 months. In case when life and health of the victims of human trafficking are exposed to threat, the term of accommodation is prolonged for the period which is considered necessary for protection of the victims.
12. The pregnant female victims of human trafficking have the right to accommodation in the center up to 12 months.
13. The maximum capacity of the center is 30 places.
14. The center is equipped according to the quality standards according to specific and age features of users.
15. The center provides the following services in assistance:
temporary safe placement;
food;
urgent medical care;
psychosocial and legal consultation;
satisfaction of the basic material needs (personal care products, clothes, footwear);
the help on (re-) integration.
16. Help to each victim is given based on the individual plan for intervention developed by the social assistant-coordinator to this case within the Center of recovery of victims of human trafficking of the International organization of migration of Chisinau or the specialist coordinator of multipurpose team at the local level. The plan is approved with all members of multipurpose team. Review of the individual plan for intervention is performed by multipurpose team at the local level.
17. The center provides rendering services on (re-) to integration of the victim into family and community by means of:
preparation of the victim to (re-) integration into biological foster home and into community;
works with family of the victim;
professional (feather-) orientations;
assistance in receipt of the working profession demanded in the labor market;
supports in case of employment in the labor market;
monitoring and assessment of provision before integration within one year (in exceptional cases this term is prolonged individually);
access for children to the education services which are available in community: school, kindergarten, etc.
18. Quality of the rendered services periodically is estimated by accreditation body of social services.
19. Placement in the center of adult users is performed according to the procedure, established by this provision, with representation of profile of this adult user by means of organization/organization (The center of recovery of victims of human trafficking of the International organization of migration of Chisinau; civil society; legal bodies; bodies of local public authority; departments/managements of the public assistance and protection of family; guardianship and custody bodies) in the Ministry of Labour, Social Protection and Family.
20. Placement in the center is temporary and includes:
creation of case of the adult user;
complex assessment;
determination of the individual plan of intervention.
21. Complex assessment of the adult user is made by multipurpose team.
22. Person designated by the coordinator of multipurpose team at the territorial level coordinates all interventions of the specialists involved to consideration of this case. The individual plan of intervention for each user is monthly reviewed by services of the center based on assessment performed by multipurpose team.
23. Training of the user for exit from the center is performed by the social assistant under observation of manager of the center in cooperation with departments/managements of the public assistance and protection of family.
24. After the user's exit from the center (owing to it (re-) integration) it can use services in consultation, maintenance, emotional support before its complete integration into family and community.
25. Placement in the Center of users children is performed according to the procedure, established by this provision, with representation of profile of this child by means of the Center of recovery of victims of human trafficking of the International organization of migration of Chisinau, civil society; legal bodies; bodies of local public authority, departments/managements of the public assistance and protection of family; guardianship and custody bodies in the Ministry of Labour, Social Protection and Family.
26. Accommodation of the child in the center is performed based on the joint decision made by territorial multipurpose team which part representatives of guardianship and custody body without fail shall be.
27. Accommodation of children in the center is temporary and includes:
creation of case of the child;
complex assessment;
establishment of the individual plan of intervention.
28. The personal record of the child is filled in with the specialist coordinator of multipurpose team based on the initial assessment made by the social assistant-coordinator to this case of the Center of rehabilitation of the International organization of migration of Chisinau with participation of the specialist in protection of the rights of the child in the place of the address and the representative of the Ministry of Labour, Social Protection and Family.
29. During finding of the child in the center establishment and maintenance of its relations with members of biological/foster home, with his legal representative is provided if it does not contradict the highest interests of the child.
30. The coordinator of multipurpose team controlling all interventions of specialists establishes connection with biological/foster home of the child or together with team members makes the optimal solution about (re-) integration of the child into community, with the appeal to the alternative services of protection of the child created in this area, at the same time the institutionalization of the child is the extreme decision.
31. (Re-) integration of the child is performed according to the established individual plan which is reviewed by monthly multipurpose team of the center. After complex assessment of the received results the plan of exit of the child from the center is constituted.
32. (Re-) integration of the child into family is the most important task of the center. The service family (re-) provides to integration maintenance of direct and direct connection between parents and the child, if necessary, accommodation of the child and preparation it to integration into new family.
33. The family into which the child is integrated is subject to monitoring within one year, at the same time specialists of organization will estimate provision of the child and family later (re-) of integration for prevention of chance of repeated trade or violence in family. After integration of the child into family the center is open for cooperation with families and offers specialized consultations, maintenance, emotional support.
34. The center person with the higher education in one of the following areas directs: pedagogics, psychology, psychopedagogics, public assistance, medicine, right. The position of manager of the center can be combined with other position.
35. The manager is employed and dismissed by founders of the center according to the current legislation.
36. In the activities manager of the center is guided by the existing normative and legal acts, orders of the central and local authorities of public management and this provision.
37. Manager of the center manages all resources, has the right to employ and dismiss personnel according to the current legislation, bears responsibility for legal and administrative activities of the center.
38. The manager of the center bears responsibility for the organization of activities of the center and quality of the rendered services.
39. Manager of the center provides:
functioning of the center according to the quality standards;
management of financial and material resources of the center according to national accounting standards;
the organization and assessment of activities of personnel of the center according to job responsibilities;
ensuring confidentiality of the program and registers of users;
filling and submission of forms and activities reports of the center to the central or local authorities of public management;
representation of the center in the relations with other public or private institutions;
ensuring control of continuous personnel training.
40. The manager of the center convenes meetings on planning of activities of the center regularly (weekly) or, if necessary, in the emergency procedure.
41. Manager of the center signs agreements on rendering specialized services with other profile organizations / organizations.
42. Manager of the center signs the agreement on cooperation with territorial legal authorities for ensuring physical protection of users and safety of organization.
43. If manager is temporarily not capable to carry out the service duties, responsibility for proper work of the center is conferred on the deputy manager.
44. The personnel of the center consist of specialists in different areas according to the current legislation and meet functional requirements of the center.
45. The personnel of the center are employed on tender according to the current legislation.
46. The tender committee consists of manager, representatives of the founder (founders) of the center, chiefs of departments/managements of the public assistance and protection of family, representatives of guardianship and custody bodies.
47. Acceptance of personnel is made based on the individual employment contract signed according to the current legislation.
48. In case of acceptance for work, and further each 6 months the personnel shall have medical examination according to standards of the Ministry of Health.
49. The staff of the center shall observe confidentiality of information on privacy of victims which becomes it known on duty, and also not to require and not to receive illegal benefit for the performed work.
50. The staff list of the center is established and affirms founders according to the Quality standards for services of the help and protection of the victims of human trafficking, with the purpose and tasks of the center and provisions of the current legislation.
51. The center works according to the special program - 24/24 hours, proceeding from need of the address, the help in (re-) integration and provision of shelter to the victims of human trafficking.
52. The personnel perform the activities according to job responsibilities in the center according to the established working schedule and individual programs for integration of the victims of human trafficking.
53. The structure and training of personnel of the center shall correspond to tasks of the center.
54. Compensation of employees is performed according to the current legislation.
55. The center can own any property necessary for its activities, and belonging to it on the property right and/or uses depending on method of acquisition of right of the appropriate right.
56. The property of the center consists from:
the initial property transferred to the center by founders to the possession and/or use;
the property transferred to the center during its activities by bodies of the public power, other legal entities or physical persons to temporary use;
donations (grants) and other voluntary contributions of legal entities and physical persons;
the property acquired by the center at the expense of own means during its activities, belonging to it on the property right and also income gained as a result of use or alienation of this property;
other assets and liabilities which are not prohibited by the legislation.
57. The initial property is transferred to the center for the agreement between the center and founders - owners of property within a month from the date of state registration of the center.
58. The property of the center is used only for realization of its authorized purposes.
59. Property management of the center is exercised according to the procedure, established by constituent documents of the center depending on its cost.
60. The center has no authority to dispose which belongs to it on other right, than the property right, without written consent the owner, irrespective of property value. After the termination of activities of the center or the expiration of fixed term of use this property shall be returned to the owner.
61. The center records the financial and economic activities and submits accounting and statistic reports according to the procedure, established by the legislation.
62. Activities of the center stop based on the decision of founders approved with the Ministry of Labour, Social Protection and Family according to provisions of the current legislation.
63. After the termination of activities of the center the property is transferred to founder members according to fee of each of them.
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The document ceased to be valid since January 15, 2016 according to Item 5 of the Order of the Government of the Republic of Moldova of December 30, 2015 No. 898