[Background]
The Act delegates the establishment of certification standards to the Presidential Decree, allowing the Minister of Health and Welfare to certify institutions that are operating model programs for crisis children and youth as specialized support institutions.
[Main Points]
A. Ex Officio Counseling (Proposed Article 2)
Counseling Methods: Specifies the methods for case management counseling conducted ex officio by the head of a dedicated organization under Article 10 of the Act, including phone, online communication, and home visits.
B. Case Management Application Form (Proposed Article 3)
Required Forms: Stipulates the forms required (Proposed Forms 1 and 2) when a child/youth in need of assistance or a relative residing with them applies for case management to the dedicated organization.
C. Counseling Method and Procedure, etc. (Proposed Article 4)
Counseling Form: Stipulates the form required (Proposed Form 3) when the head of the dedicated organization conducts counseling.
Record Keeping: Requires the head of the dedicated organization to record the counseling results in an electronic system, such as the Social Security Information System under Article 37 of the Framework Act on Social Security.
D. Proxy Application for Social Security Benefits (Proposed Article 5)
Scope of Proxy Application: Defines the social security benefits that the head of the dedicated organization may apply for on behalf of the individual, including long-term care benefits under Article 2, Item 2 of the Long-Term Care Insurance Act for the Elderly, and disability registration under Article 32 of the Welfare of Persons with Disabilities Act.
E. Notification of Support Target Selection Results (Proposed Article 6)
Notification Method: When the head of the dedicated organization selects an individual as a support target under Article 13(1) of the Act, they must notify the party using the method requested by the party, including mail, physical handover, telephone, text message via mobile phone, or delivery via the information and communication network.
Notification Content: Stipulates that the notification must include details such as whether the individual has been selected, the types and contents of social security benefits and services available, the application procedures, matters related to the establishment and conclusion of the case management plan, and guidance on the appeals procedure if not selected.
F. Selection Criteria for Family Care Children and Youth (Proposed Article 7)
Inclusion of Other Family Members: Stipulates that the head of the dedicated organization can recognize a child/youth as a family care child/youth even if there is another family member aged 35 or older (other than the care recipient and the child/youth in need), provided that the family member aged 35 or older is a registered person with a disability under Article 32 of the Welfare of Persons with Disabilities Act, or has been continuously staying abroad for one year or more, among other conditions.
Joint Living Criteria: Stipulates that the head of the dedicated organization can recognize individuals as living together and jointly maintaining a livelihood even if their registered addresses under the Resident Registration Act do not match, provided they actually reside at the same address and jointly maintain their livelihood, or if the child/youth temporarily relocated their registered address for academic or employment reasons but continues to provide substantive care through regular visits, or in other cases recognized by the Minister of Health and Welfare.
G. Selection Criteria for Isolated/Withdrawn Children and Youth (Proposed Article 8)
Comprehensive Consideration: The phrase "other cases determined by the Ordinance of the Ministry of Health and Welfare" under Article 13(1), Item 2, Sub-item (b) of the Act refers to cases where selection as an isolated/withdrawn support target is deemed appropriate after comprehensively considering the results of applying the standard scale under Article 20 of the Act, expert counseling assessment and opinion, the individual's willingness for social participation and self-reliance and potential for program participation, evaluation results of household characteristics and need for support, and other matters recognized by the Minister of Health and Welfare as necessary for the selection of isolated/withdrawn support targets.
H. Special Support for Family Care Children and Youth (Proposed Article 10)
Deferral of Self-Sufficiency Program Participation: Stipulates that the grace period for the condition of participation in the self-sufficiency program under Article 9(5) of the National Basic Livelihood Security Act, pursuant to Article 19(2), Item 3 of the Act, shall be one year initially, and the grace period may be extended as determined by the Minister of Health and Welfare.
I. Self-Payment for Customized Programs for Isolated/Withdrawn Children and Youth (Proposed Article 11)
Scope of Self-Payment Programs: Specifies the scope of customized programs for isolated/withdrawn children and youth that may require self-payment under Article 21(2) of the Act, including specialized psychological counseling and mental health treatment programs, specialized vocational training programs for social adaptation and self-reliance, programs for residential and communal living support, and programs for promoting self-development and leisure activities such as arts and sports.
Calculation of Self-Payment: Stipulates that the self-payment amount under Article 21(2) of the Act shall be calculated within a range not exceeding 50/100 of the cost of providing and operating the customized program, with detailed matters regarding the calculation standard and rate to be determined and announced by the Minister of Health and Welfare.
J. Policy Center for Crisis Children and Youth (Proposed Article 12)
Application Form: Stipulates the form required (Proposed Form 5) when an institution, organization, or corporation seeking designation as a Policy Center applies to the Minister of Health and Welfare.
Requirements: Specifies the necessary requirements for the institution, organization, or corporation seeking designation as a Policy Center, including standards for establishment and operation, and personnel standards.
Designation Period: Stipulates that the designation period for the Policy Center is 3 years, and the Minister of Health and Welfare may extend the designation period within the scope of 3 years after evaluating the Policy Center's performance.
K. Specialized Institution Certification (Proposed Article 13)
Application and Certificate Forms: Stipulates the application form (Proposed Form 7) required when a corporation, institution, or organization seeks specialized institution certification, and the certificate form (Proposed Form 8) issued when the institution meets the certification standards.
Reissuance: Stipulates that an individual who has been issued a specialized institution certification may apply for the reissuance of the certificate if the certificate is lost, damaged, or if the recorded information is changed, by attaching a statement of reason, the damaged certificate, or documents proving the changes, respectively.
L. Extension of Specialized Institution Certification Validity (Proposed Article 14)
Application Deadline: The head of a specialized institution seeking to extend the validity period of the certification must apply to the Minister of Health and Welfare with the required documents at least 6 months before the expiration date of the certification.
Decision and Extension Period: The Minister of Health and Welfare must review the matters specified in Article 25(1) of the Decree within 6 months and decide whether to extend the certification and the extension period, which cannot exceed 3 years.
Required Forms: Stipulates the application form (Proposed Form 7) required when applying for the extension of the certification validity period, and the form (Proposed Form 10) issued upon the decision to extend the certification.
M. Cancellation of Specialized Institution Certification (Proposed Article 15)
Prior Notice: If the Minister of Health and Welfare intends to cancel the certification, they must notify the head of the specialized institution in advance, including the title of the disposition, the name and address of the specialized institution, the reason for the certification cancellation and the underlying facts, and the deadline for submitting opinions.
Opinion Submission and Cancellation: The deadline for submitting opinions is set to 10 days or more. If no substantiating documents are submitted by the deadline, or if the submitted opinions are deemed unfounded, the Minister of Health and Welfare must cancel the designation of the specialized institution and inform the head of the specialized institution of that fact without delay.
