THE ORDER OF THE DEPUTY PRIME MINISTER - THE MINISTER OF LABOUR AND SOCIAL PROTECTION OF THE POPULATION OF THE REPUBLIC OF KAZAKHSTAN

of June 22, 2023 No. 230

About approval of the Rules of organization activity rendering special social services

According to the paragraph of the subitem 5) of article 12 of the Social code of the Republic of Kazakhstan I ORDER the twenty ninth:

1. Approve Rules of organization activity, rendering special social services, according to appendix 1 to this order.

2. Recognize invalid some orders and structural element of the order of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan according to appendix 2 to this order.

3. To provide to social services department of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan after its official publication;

3) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

4. To impose control of execution of this order on the supervising vice-Minister of Labour and Social Protection of the population of the Republic of Kazakhstan.

5. This order becomes effective since July 1, 2023 and is subject to official publication.

It is approved Ministry of Health of the Republic of Kazakhstan

It is approved Ministry of Public Education of the Republic of Kazakhstan

Appendix 1

to the Order of the Deputy prime minister - the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of June 22, 2023 No. 230

Rules of organization activity, rendering special social services

Chapter 1. General provisions

1. Rules of organization activity, rendering special social services (further - Rules), are developed according to the paragraph the twenty ninth the subitem 5) of article 12 of the Social Code of the Republic of Kazakhstan.

2. These rules determine procedure for organization activity, providing special social services:

in the conditions of hospital, semi-hospital, to persons at home following (further – receivers of services):

1) to children with disability with psychoneurological pathologies (further – children),

2) to children with disability with violations of the musculoskeletal device (further – children with violations the ODE),

3) to persons with disability is more senior than eighteen years with psychoneurological diseases (further – persons are more senior than eighteen years),

4) to persons with disability of the first and second groups (further – persons with disability),

5) to persons not capable to independent servicing in connection with old age (further – aged);

in the conditions of temporary stay to persons of no fixed abode, exempted from places of detention and (or) being on accounting in service of probation, to the victims of human trafficking, the victims of domestic violence (further – receivers of services of the organization of temporary stay).

2-1. The organizations providing special social services of public sector are created according to the decision of local executive bodies, according to the subitem 13) of article 18 and the subitem 9) of article 19 of the Social code of the Republic of Kazakhstan in the cities of republican value, the capital, the cities of regional value with number at least 50 (fifty) people needing special social services, in the cities of district value, settlements, areas, rural districts with number at least 25 (twenty five) people needing special social services in the conditions of the organization of activities of stationary, semiportable types and home servicing.

At the same time the organizations of home servicing are created in radius more than 5 (five) kilometers from each other.

2-2. The organizations of temporary stay are created for the persons of no fixed abode exempted from places of detention and (or) who are on accounting in service of probation and also for the victims of human trafficking and domestic violence.

They are created in public sector in the cities of republican value, the capital, the cities of regional value, in the cities of district value numbering over 100 000 (hundred thousand) people. In settlements, areas, rural districts with population of 50 000 (fifty thousand) and more people creation of the organization of temporary stay on one area level according to the decision of local executive bodies, according to the subitem 13) of article 18 and the subitem 9) of article 19 of the Social code of the Republic of Kazakhstan is allowed.

3. In these rules the following basic concepts are used:

1) the organization rendering special social services in the conditions of semi-hospital (further – the organizations of semiportable type), – the legal entity or structural division of the legal entity, irrespective of patterns of ownership, intended for provision of special social services based on the license for provision of special social services in the conditions of day long or temporary (for up to 6 months) stay of receivers of services in the organization;

2) structural division of local executive body of areas (the cities of republican value and the capital) (further – the executive body financed from the local budget) – management of coordination of employment and social programs of areas, management of employment and social protection of the city of Astana, management of employment and social programs of the city of Almaty and Shymkent;

3) the organization rendering special social services in the conditions of hospital (further – the organizations of stationary type), – the legal entity, irrespective of patterns of ownership, intended for provision of special social services based on the license for provision of special social services in the conditions of round-the-clock permanent or temporary (for up to three months) accommodation of receivers of services at the organizations;

4) the organization rendering special social services in the conditions of temporary stay (further – the organizations of temporary stay), – the legal entity irrespective of patterns of ownership intended for provision of special social services based on the license for provision of special social services in the conditions of round-the-clock temporary (term no more than one year) stay in the organization;

5) the organization rendering special social services at home (further – the organization of home servicing), – the legal entity or structural division of the legal entity, irrespective of patterns of ownership, intended for rendering special social services based on the license for provision of special social services in conditions at home at the place of residence of the receiver of services.

Chapter 2. Procedure for organization activity of stationary type

4. The organizations of stationary type are created in type:

1) centers of rendering special social services;

2) centers of social servicing;

3) houses of small capacity design capacity from 10 to 50 places;

4-1. The organizations of stationary type perform the activities based on the license granted according to the order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of June 28, 2024 No. 230 "About approval of Rules of rendering the state service "Licensing for Provision of Special Social Services" (it is registered in the Register of state registration of regulatory legal acts No. 34655) (further – Rules of licensing).

4-2. Organization activity of stationary type functions from the date of registration in the register of the organizations providing special social services.

4-3. The organizations of stationary type complete the activities from the date of removal from the register of the organizations providing special social services.

4-4. The organizations of stationary type are financed according to the order of the Deputy the Order of the Deputy prime minister - the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of June 29, 2023 No. 261 "About approval of Rules of financing and monitoring of rendering special social services in the field of social protection of the population" (it is registered in the Register of state registration of regulatory legal acts No. 32920) (further – Rules of financing and monitoring).

4-5. The organization of stationary type provides the superguaranteed amount of special social services based on the Service provision agreement at the expense of means of the receiver according to the list and procedure established by local representative body of areas, the capitals, the cities of republican value.

5. For rendering special social services under the organization of stationary type creation of the following departments is allowed:

the department of the independent accompanied accommodation by design capacity from 6 to 30 places (further - Department) for persons is more senior than eighteen years, persons with disability, aged on which the decision on provision of services of the independent accompanied accommodation is made;

chambers (department) of palliative care for continuous observation of persons are more senior than eighteen years, persons with disability, aged, being in condition of the chronic progressing diseases or in terminal (final) stage of disease;

crisis chambers (departments) for children and persons are more senior than eighteen years which do physical harm to themselves and (or) constitute danger to people around, and for this reason need additional leaving, the doubled watch and (or) the emergency emergency medical service.

6. The organizations of stationary type are intended for round-the-clock permanent or temporary (for up to three months) accommodation:

1) children from three to eighteen years needing rendering special social services in the conditions of hospital owing to:

intellectual backwardness of all degrees, including in the presence of gross violations of the motive functions complicating training in the organizations of education (not moving without assistance, not servicing themselves in the gravity of motive violations, requiring individual care);

blindness (slabovideniye) or deafness of mentally retarded (slaboslyshaniye) of all degrees, including in the presence of gross violations of the motive functions complicating training at specialized boarding schools;

epilepsies (including symptomatic) in the presence of dementia;

schizophrenia with stable defect;

dementias of different etiology.

Medical contraindications for accommodation of children in the organizations of stationary type are availability:

epilepsies with frequent (five and more times a month) attacks, tendency to serial generalized attacks, the epileptic status;

the mental and behavioural disturbances which are followed by gross violations of inclination, behavior and (or) sharp psychotic symptomatology (nonsense, hallucinations), constituting danger to themselves and (or) people around;

tuberculosis in active stage of process, quarantine infections, infectious diseases of skin and hair, venereal diseases, acquired immunodeficiency syndrome (further - AIDS);

diseases, requiring hospitalization in the specialized medical organizations;

2) children with violations the ODE from three to eighteen years with safe intelligence needing rendering special social services in the conditions of hospital.

Medical contraindications for accommodation of children with violations the ODE in the organizations of stationary type are availability:

intellectual backwardness of all degrees;

frequent epileptiform attacks (five and more times a month);

the mental and behavioural disturbances which are followed by violations of inclination, behavior and (or) sharp psychotic symptomatology (nonsense, hallucinations), constituting danger to themselves and (or) people around;

noncompensated hydrocephaly;

tuberculosis in active stage of process, quarantine infections, infectious diseases of skin and hair, venereal diseases, AIDS;

diseases, requiring hospitalization in the specialized medical organizations;

3) persons is more senior than eighteen years with psychoneurological diseases of the first, second groups needing rendering special social services in the conditions of hospital owing to:

intellectual backwardness of all degrees, including in the presence of gross violations of motive functions (the person which are not moving without assistance, not servicing themselves in the gravity of motive violations, requiring individual care);

blindness (slabovideniye) or deafness of mentally retarded (slaboslyshaniye) of all degrees, including in the presence of gross violations of motive functions;

mental and behavioural disturbances, with stable defect or dementia;

epilepsies (including symptomatic) in the presence of dementia;

dementias of different etiology.

Medical contraindications for accommodation of persons is more senior than eighteen years in the organizations of stationary type are availability:

tuberculosis in active stage of process, quarantine infections, infectious diseases of skin and hair, AIDS, diseases, sexually transmitted;

the mental and behavioural disturbances which are followed by gross violations of inclination, behavior and (or) sharp psychotic symptomatology (nonsense, hallucinations), constituting danger to themselves and (or) people around;

epilepsy and convulsive syndrome of other etiology, with frequent (five and more times a month) attacks, tendency to serial generalized attacks, the epileptic status;

diseases, requiring hospitalization in the specialized medical organizations;

4) persons with disability, not capable independently itself to service and the special social services needing for health reasons rendering in the conditions of hospital which do not have the able-bodied full age children, the spouse (гу) obliged according to the Code of the Republic of Kazakhstan "About scrap (matrimony) and family" (further - the Code) to contain the disabled persons in need in the help of parents, the spouse (гу) and to care for them, or the having able-bodied full age children, the spouse (гу) which for the objective reasons do not provide them the permanent help and leaving (have disability of the first, second group, oncological, mental diseases, are in places of detention, stay on the registry in the center of mental health or the countries, in addition for the spouse (ги) - stay in old age left on the permanent residence);

5) the aged persons which reached the retirement age established Social by the Code of the Republic of Kazakhstan (further - the Social code), not capable independently to service itself also the special social services needing for health reasons rendering in the conditions of hospital which do not have the able-bodied full age children, the spouse (гу) obliged to contain according to the Code the disabled persons in need in the help of parents, the spouse (гу) and to care for them or the having able-bodied full age children, the spouse (ги) which for the objective reasons do not provide them the permanent help and leaving (have disability of the first, second group, oncological, mental diseases, are in places of detention, stay on the registry in the center of mental health or the countries, in addition for the spouse (ги) - stay in old age left on the permanent residence).

Medical contraindications to accommodation at the organizations of stationary type for persons with disability and aged are availability:

tuberculosis in active stage of process;

the mental and behavioural disturbances which are followed by violations of inclination, behavior and (or) sharp psychotic symptomatology (nonsense, hallucinations), constituting danger to themselves and (or) people around;

convulsive syndromes of different etiology (except for options with rare (no more once in 2-3 months) attacks, without dementia and the expressed changes of the personality);

quarantine infections, infectious diseases of skin and hair, venereal diseases, AIDS, and also the diseases requiring treatment in the specialized medical organizations.

7. In the organizations of stationary type it is provided:

creation for receivers of the services of the most adequate in age and the state of health condition of life activity which are brought closer to house;

training of receivers of services for opportunity to independent and independent accommodation out of the organization of stationary type;

improvement of conditions of accommodation of receivers of services, providing conditions for acceptance of visitors;

creation of conditions for Internet access of receivers of services;

ensuring safety of personal belongings and values of receivers of services;

informing receivers of services and members of their families on amounts and types of special social services, regulations of the organization of stationary type;

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