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Proposals for legislative changes:
- the lack of the centers of orientation, supervision and support for the social
reintegration of the child who committed criminal acts and isn’t criminally liable in the
counties of Cluj, Bistrița-Năsăud, Sălaj and Maramureș. Solution: support the establishment
of such centers at county or regional level, considering the increase of crime among juveniles
who are not criminally liable;
- the lack of social services intended for the minor consumers of prohibited substances,
to support and monitor their social reintegration, through occupational therapies, after
hospitalization within the child psychiatry sections - drug addicts. We appreciate that such
centers are also needed for children with chronic mental illnesses and behavioral disorders;
- given the high percentage of children in the protection system diagnosed with
psychiatric illnesses, who have medical recommendations for recovery psychotherapy and the
fact that most psychologists do not have the necessary training to perform psychotherapy, it
is necessary to train the psychologists / social workers employed by the DGASPC in this
regard;
- regulating the occupation of school facilitator by including it in the COR
(Codification of Occupations in Romania). Currently, the job of "school facilitator" is not
identified in the COR, and those accompanying children in the educational environment
cannot be legally trained and employed, unless the facilitator is one and the same person with
the personal assistant of the child. Solution: creation of a working group with the Ministry of
Education and Research, the Ministry of Labor and Social Protection and the Ministry of
Public Finance;
- differentiated assessment for students with special educational requirements (8th
grade and baccalaureate). Currently, teaching is differentiated, but the assessment is the same
for all students. Solution: addressing the problem at the level of the Ministry of Education and
Research;
- the slow start of the adoption procedure. By the Order of the Minister of Labor and
Social Justice no. 25/2019 regarding the approval of minimum quality standards for residential
social services for children in the special protection system, a period of 6 months has been set
for the revision of the individualized protection plan, but the current legislation does not
provide for a maximum time limit for the objective of reintegration into the family. Moreover,
there is no legal provision that obliges the case manager within the general directorate of social
assistance and child protection to modify the finality of the individualized protection plan by
starting the internal adoption procedure, after the expiry of a term for reintegration into the
family. Solution: amending and supplementing Law no. 272/2004 on the protection and
promotion of the rights of the child by establishing maximum terms for the family
reintegration procedure;
- the classification of the behavioral disorders as a medical incompatibility with the
didactic function. Law no. 272/2004 on the protection and promotion of the rights of the child
regulates, in the content of Art. 102, only the situation in which the abuse, neglect, exploitation
and any form of violence against the child was committed by persons who, based on a legal
employment or other relationship, provide the protection, raising, care or education of the
child. In these cases, the employers have the obligation to arrange the removal of the
respective person from the children in their care.
On the other hand, Art. 234 of Law no. 1/2011 of the national education provides that
the assignment and maintenance of a teaching position an auxiliary teaching position are
conditioned by the presentation of a medical certificate, and according to G.D. no. 355/2007
on the supervision of the health of the workers, with subsequent modifications and
PEOPLE’S ADVOCATE
ANNUAL REPORT 2019
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