连线棋牌游戏大厅

信息公开 > 法律法规 > 儿童福利 Position: Home > Information disclosure > Law and regulations > Child welfare

Measures for the Administration of Child Welfare Institutions

time: source:

Decree of the Ministry of Civil Affairs of the People's Republic of China

No. 63

The "Administrative Measures for Children's Welfare Institutions" has been adopted on October 25, 2018 by the Ministry of Civil Affairs Ministerial Meeting, and is hereby promulgated, effective as of January 1, 2019.

October 30, 2018


Measures for the Administration of Child Welfare Institutions

Chapter I General Provisions

Article 1 In order to strengthen the management of child welfare institutions and safeguard the legitimate rights and interests of children, these Measures are formulated in accordance with relevant laws and regulations such as the General Principles of the Civil Law of the People's Republic of China and the Law of the People's Republic of China on the Protection of Minors.

Article 2 The child welfare institution referred to in these measures refers to the institution established by the civil affairs department, which mainly accepts and raises children under the age of 18 who are the guardians of the civil affairs department.

Child welfare institutions include child welfare institutions registered in accordance with the legal person of an institution, and social welfare institutions with children's departments.

Article 3 The civil affairs department of the State Council is responsible for guiding and supervising the management of child welfare institutions nationwide.

The civil affairs department of the local people's government at or above the county level is responsible for the management of child welfare agencies in its own administrative region, and supervises and inspects child welfare agencies in accordance with relevant laws and regulations and these Measures.

Article 4 Child welfare agencies shall adhere to maximizing the interests of children, guaranteeing children's rights to survival, development, protection, and participation in accordance with law, and continuously improve the level of children's living, medical care, rehabilitation and education.

Child welfare agencies and their staff must not discriminate, insult, or abuse children.

Article 5 The construction of child welfare institutions shall be incorporated into the national economic and social development plans of local people's governments at or above the county level, and the level of construction shall be compatible with the local economic and social development.

Article 6 The funds required by child welfare institutions shall be guaranteed by the financial department of the local people's government at or above the county level in accordance with regulations.

Article 7 Natural persons, legal persons or other organizations are encouraged to participate in related services of child welfare institutions through donations, setting up charity projects, and providing voluntary services.

Article 8 Units and individuals who have made outstanding achievements in the service and management of child welfare institutions shall be commended and rewarded in accordance with relevant state regulations.

Chapter 2 Service Object

Article 9 Child welfare agencies shall adopt and support the following children:

(1) Children whose parents or other guardians cannot be identified;

(2) Children whose parents have died or declared missing and do not have other persons who are eligible for guardianship according to law;

(3) Children whose parents do not have the ability to guardianship and other persons who have legal guardianship according to law;

(4) Children designated by the people's court as guardians of civil affairs departments;

(5) Other children who are required by law to be guardians of civil affairs departments.

Article 10 Where a child welfare institution adopts and raises a child as specified in Article 9 (1) of these Measures, it shall register and keep the following materials on a case-by-case basis:

(1) For an abandoned child whose parents or other guardians cannot be identified, the registration and preservation issued by the public security organ confirms that the parent or other guardian cannot find the pick-up report certificate, the family search announcement issued by the child welfare agency, and the civil affairs department Receive comments and other materials.

(2) For those who cannot find the parents or other guardians for child abduction and rescue the child, register and save the temporary care notice issued by the public security organs, the results of DNA information comparison, and no certificate of birth parents or other guardians has been found for the time being. Announcement of relatives issued by welfare agencies, civil affairs departments receive opinions and other child-related materials.

(3) For homeless begging children whose parents or other guardians cannot be identified for more than 3 months, the results of comparison of DNA information issued by public security organs, family-finding announcements issued by minor assistance and protection agencies, and opinions received by civil affairs departments And other child-related materials.

Article 11 Where a child welfare institution adopts and raises a child as specified in Article 9 (2) of these Measures, it shall register and save the child's parent's death certificate submitted by the township people's government (street office) where the child's household registration is located, or declare his death or disappear And judgment reports of other persons who have no legal status as guardians, and civil affairs departments receive opinions and other materials.

Article 12 Where a child welfare institution adopts and raises a child as specified in Article 9 (3) of these Measures, it shall register and keep the report of the situation in which the parents do not have the guardianship submitted by the township people ’s government (street office) where the child ’s household registration is located Reports on the status of persons who are qualified for guardianship according to law, and civil affairs departments receive materials such as opinions.

If a parent dies or is missing, a certificate of death or a statement of death or disappearance shall be registered and kept.

Article 13 Where a child welfare institution adopts or raises a child as specified in Article 9 (4) of these Measures, it shall register and keep such materials as the People's Court's effective judgment and the civil affairs department's acceptance of opinions.

Article 14 The child welfare institution may accept the entrustment of a minor assistance and protection institution to take care of children who are responsible for temporary custody by the civil affairs department. The child welfare agency shall sign a commission agreement with the minor assistance and protection agency.

Child welfare agencies should accept special hardships for persons under 16 who need centralized support.

Chapter III Service Content

Article 15 After receiving a child , a child welfare institution shall promptly send it to a medical institution for a medical examination and an infectious disease examination. If it is really impossible to send it to a medical institution, it should be isolated and cared for first.

Article 16 Where a child welfare institution adopts and raises a child as specified in Article 9 (1) of these Measures, it shall keep the items that the child carries with him that can identify him or have commemorative value.

Article 17 The child welfare institution adopting and supporting the children specified in Article 9 of these Measures shall apply to the local public security organ for registration of the household registration in a timely manner.

Article 18 Child welfare institutions shall provide services such as daily life care, basic medical care, and basic rehabilitation in accordance with national standards and industry standards such as the "Basic Standards for Child Welfare Institutions", and protect children's right to education in accordance with law.

Article 19 The child welfare institution shall set up functional areas such as living room, activity room, medical room, isolation room, rehabilitation room, kitchen, dining room, duty room, toilet, storage room, etc., equipped with facilities and equipment that meet the requirements of child safety protection.

Article 20 Child welfare agencies shall consider individual differences in children, organize professional assessments, and formulate individualized support plans.

Article 21 Child welfare institutions shall provide services such as meals, dressing, toileting, bathing and other living care services.

Except for children with severe disabilities, for children over 6 years of age, child welfare agencies should distinguish living areas according to gender. Girls shall be provided by female staff with the care services provided in the preceding paragraph.

The diet provided by the child welfare institution shall meet the hygiene requirements and be beneficial to the nutritional balance of the child.

Article 22 Child welfare institutions shall guarantee children to participate in basic medical insurance, arrange regular medical examinations, immunizations for children, and do daily medical care and disease prevention and control.

Child welfare agencies can provide basic medical services to children through the establishment of medical institutions or cooperation with designated medical institutions.

When a child is found to be a patient with a suspected infectious disease or a mental disorder, the child welfare agency shall handle it in accordance with the relevant laws and regulations such as the prevention and treatment of infectious diseases and mental health.

Article 23 Child welfare agencies shall provide targeted rehabilitation services based on the disability of children. Those who do not meet the requirements for the time being may cooperate with qualified rehabilitation service agencies to carry out rehabilitation services.

Article 24. Children's welfare institutions shall ensure that children eligible for general education receive general education in accordance with the law; children who meet the requirements for special education schools shall be guaranteed special education in accordance with the law.

Encourage qualified child welfare institutions to develop special education services.

Article 25 If a child really needs to receive surgical treatment, rehabilitation training, and special education across a provincial administrative area, the child welfare institution shall choose an institution with corresponding qualifications and obtain approval and consent from the subordinate civil affairs department.

Children's welfare agencies shall grasp the situation of children dynamically and visit them regularly.

Article 26 For children who meet the requirements and are suitable for adoption, the child welfare agency arranges for adoption in accordance with the law. Before adopting a child, the child welfare agency shall truthfully notify the adoption applicant of important matters such as the child's intelligence, mental health, illness, and disability.

For children who meet the conditions of family foster care, the child welfare agency shall handle them in accordance with the provisions of the “Management Measures for Family Foster Care”.

Article 27 In the following cases, the child welfare institution shall handle the child's discharge formalities:

(1) The child's parents or other guardians appear;

(2) The child's parents have resumed their guardianship ability or have other persons who have the guardianship qualifications according to law;

(3) The parent or other guardian of the child restores the guardianship;

(4) The child is adopted according to law;

(5) The entrustment agreement signed by the child welfare institution and the minor assistance and protection institution expires or is cancelled;

(6) Other circumstances should leave the hospital.

Article 28 In the case of item (1) of Article 27 of these measures, the child welfare agency shall register and save the child's return notice issued by the public security organ according to the situation. The child is indeed lost, stolen or stolen. The abducted case proves that the people's court revokes the verdict of missing or dead, and the materials that can reflect the original guardianship relationship.

In the case of Article 27 (2) of these Measures, the child welfare institution shall register and save the parents' guardianship restoration ability submitted by the township people's government (street office) where the child's original household registration is located, or have other persons who have the guardianship status according to law. Situation report.

In the case of Article 27 (3) of these Measures, the child welfare institution shall register and keep the judgment of the people's court to restore the guardian's qualifications.

In the case of items (1) to (3) of Article 27 of these Measures, the child welfare agency shall also register and keep copies of the household register and resident ID card submitted by parents, other guardians, or other persons with legal guardianship qualifications. Documents such as identity documents, and the opinions of the civil affairs department on leaving the hospital.

In the case of Article 27 (4) of these Measures, the child welfare institution shall register and keep a copy of the adoption registration certificate, the civil affairs department's opinion on leaving the hospital, and other materials.

In the case of item (5) of Article 27 of these Measures, the child welfare institution shall register and save the entrusted agreement signed by the child welfare institution and the minor assistance and protection institution or the materials related to the termination of the entrusted agreement.

Article 29 When a child leaves the hospital, the child welfare institution shall issue a confirmation of the child leaving the hospital.

Article 30 After the child who is the guardian of the civil affairs department reaches the age of 18, the child welfare agency shall report to the subordinate civil affairs department to ask the people's government at the same level to resolve its resettlement issues such as household registration, schooling, employment, housing, social security, etc. Hospital procedures.

Article 31 In the event of a normal death of a child raised by a child welfare institution or treatment of an abnormal death through a medical and health institution, the child welfare institution shall obtain a "Resident Medical Certificate (Inferred)" issued by the medical and health institution responsible for the treatment or normal death investigation The child welfare agency shall obtain a death certificate issued by the public security and judicial department in accordance with regulations and procedures if the child has died of an abnormal death without being treated by a medical and health institution.

The child welfare institution shall report the death of the child to the civil affairs department to which it belongs in a timely manner, and do a good job in handling the remains and canceling the household registration according to law.

Chapter IV Internal Management

Article 32 Child welfare agencies shall establish and improve systems for safety, food, emergency, finance, archives management, and informatization in accordance with relevant state regulations.

Article 33 Child welfare agencies shall implement responsibility for job safety, and install video surveillance systems with storage functions in entrances, reception halls, corridors, canteens, observation rooms, and areas for child rehabilitation and education. The storage period of surveillance video materials shall not be less than 3 months, and storage media containing special and important data shall be archived.

Article 34 Child welfare institutions shall implement a 24-hour inspection system. The staff on duty should be familiar with the situation of raising children in the institution, make a record of inspections, and focus on handing over children with special conditions such as illness when handing over.

Article 35 Child welfare agencies shall establish and implement a hierarchical fire safety responsibility system in accordance with law, improve the fire safety management system, configure fire facilities and equipment in accordance with national standards and industry standards, and maintain and test fire facilities and equipment to ensure Evacuation passages, safety exits, and fire truck passages are unobstructed, daily fire prevention inspections and inspections are conducted, and fire safety education training and fire fighting and emergency evacuation drills are regularly organized.

Article 36 Children's welfare agencies shall strengthen food safety management to ensure the safety and hygiene of children ’s meals and nutritional health.

Where a child welfare institution has a canteen, it shall obtain a food business license from the market supervision department; if a child welfare institution orders meals from a catering unit and purchases prepackaged food, it shall order it from an enterprise that has obtained a food production and operation license, and order it as required Food for inspection.

Child welfare agencies shall keep food samples for inspection in accordance with relevant regulations.

Article 37 Child welfare agencies shall formulate emergency plans for emergencies, fires, food poisoning and other emergencies.

After an emergency occurs, the child welfare agency shall immediately start the emergency handling procedure and report to the relevant department according to the division of labor in response to the emergency management.

Article 38 Child welfare institutions shall implement the unified national accounting system, use funds in accordance with the law, and use special funds exclusively, and shall not misappropriate or retain special funds such as the basic living expenses of orphans.

Article 39 A child welfare agency shall establish a child personal file so that each person has one file.

Article 40: Child welfare agencies shall rely on the national child welfare information management system to collect and enter the basic information of children and important medical, rehabilitation, education and other information in a timely manner, and update the data regularly.

Article 41 Child welfare agencies shall set up positions according to their work needs. Professional and technical personnel engaged in admission occupations such as medical and health shall hold relevant national vocational qualification certificates for employment. Encourage other professionals to receive vocational skills training.

Article 42 The child welfare institution shall encourage and support staff members to participate in vocational qualification examinations or professional title assessments, and to properly resolve professional titles, wages and benefits of medical, rehabilitation, education, social work and other professional and technical personnel in accordance with relevant national policies.

The clothing of staff of child welfare institutions shall be neat and uniform.

Article 43 Where a child welfare institution engages in activities and cooperative projects with overseas organizations, it shall go through relevant formalities in accordance with relevant state regulations.

Chapter V Safeguards and Supervision

Article 44 The civil affairs department of the local people's government at or above the county level shall support the development of child welfare institutions and coordinate the implementation of relevant policies and safeguards.

Article 45 The civil affairs department of the local people's government at or above the county level is encouraged to improve the professional service level of child welfare institutions through the introduction of professional social work institutions, charity projects, and other methods.

Article 46 The civil affairs department of the local people's government at or above the county level shall strengthen the construction of child welfare institutions and regularly train relevant personnel of child welfare institutions.

Article 47 The civil affairs department of the local people's government at or above the county level shall establish and improve the daily supervision system, and perform the following supervision and management duties on child welfare institutions and staff members established by it:

(1) Supervising and inspecting the establishment and improvement of child welfare institutions' internal management systems, standardization of service procedures, and strengthening of risk prevention and control;

(2) Supervising and inspecting the implementation of laws and regulations related to the management of child welfare institutions and these Measures;

(3) Responsible for disciplinary actions against violations of laws and regulations related to the management of child welfare institutions and these Measures;

(4) Other matters in charge of the supervision and management of child welfare agencies.

The civil affairs department at a higher level shall strengthen the guidance, supervision and inspection of the civil affairs department at a lower level, and timely deal with the illegal acts in the management of child welfare institutions.

Article 48 For civil service agencies, places of religious activities, and other organizations that take in children by themselves who cannot identify their parents or other guardians, the civil affairs department of the local people's government at or above the county level shall, in conjunction with the relevant departments of public security and religious affairs, order them to stop their admission Upbringing activities, and take the child up to the child welfare agency.

For existing organizations that have signed entrusted maintenance agreements with civil affairs departments, the civil affairs departments should strengthen supervision and management.

Article 49 If a child welfare institution and its staff fail to perform the duties of admission and maintenance, or discriminate, insult, or abuse a child, the affiliated civil affairs department shall order correction and punish them according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.

Article 50 : Where civil affairs departments and their staff members abuse their powers, neglect their duties, or engage in malpractices for personal gain in the management of child welfare institutions, the competent authorities shall order corrections and punish them according to law; if they constitute a crime, they shall be investigated for criminal responsibility.

Chapter VI Supplementary Provisions

Article 51 The “minor rescue and protection institutions” mentioned in these measures refer to the minor (rescue) protection center and the rescue management station with a minors rescue and protection department (room).

Article 52 These Measures shall be implemented as of January 1, 2019.


Scan to open the current page on the mobile phone

Chinese domain name: Ministry of Civil Affairs. Government Affairs Contact Us Sitemap
Copyright: Ministry of Civil Affairs of the People's Republic of China Website identification code: bm12000003
ICP record number: Beijing ICP 13012430 Beijing Public Network Security No. 11040102700079

New Media Matrix of Civil Affairs

Copyright: Computer version of the Ministry of Civil Affairs of the People's Republic of China