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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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The translation of this document is outdated.
Translation validity: 01.01.2012.–30.11.2017.
Amendments not included: 28.11.2017.

Text consolidated by Valsts valodas centrs (State Language Centre) with amending regulations of:

20 November 2008 [shall come into force from 26 November 2008];
28 April 2009 [shall come into force from 7 May 2009];
13 October 2009 [shall come into force from 21 October 2009];
21 June 2010 [shall come into force from 30 June 2010];
27 December 2011 [shall come into force from 1 January 2012].

If a whole or part of a paragraph has been amended, the date of the amending regulation appears in square brackets at the end of the paragraph. If a whole paragraph or sub-paragraph has been deleted, the date of the deletion appears in square brackets beside the deleted paragraph or sub-paragraph.


Republic of Latvia

Cabinet
Regulation No. 228

Adopted 21 April 2008

Procedure for Receiving Social Services and Social Assistance

Issued pursuant to
Section 3, Paragraph two of the
Law On Social Services and Social Assistance

1. This Regulation prescribes the procedure by which a person shall receive social services and social assistance.

2. A person or his or her lawful representative shall request social services and social assistance from the local government, in the territory of which the person's place of residence is registered, or by appealing directly to the service provider in the cases referred to in Paragraph 7 of this Regulation.

3. In order to receive social services and social assistance, a person or his or her lawful representative shall appeal to the social service of the local government (hereinafter - social service) and submit:

3.1. a submission, in which the problem and the preferable solution thereof is indicated;

3.2. a declaration of subsistence means, specified in the regulatory enactments regarding recognition of a family or a person living separately as needy, if social assistance is requested or the costs of a social service are covered from the local government budget;

3.3. a statement from the family doctor regarding the state of health of the person. The statement shall indicate the level of seriousness of functional disorders and the absence of medical contra-indications (lung tuberculosis in the active phase, acute infectious diseases, sexually transmitted diseases), if a person wishes to receive care at home, a service in a group house (apartment), in a half-way house, in a day care centre and in a long-term social care and social rehabilitation institution;

3.4. a psychiatric opinion regarding the absence of special (mental) contra-indications and the most appropriate type of social service for a person with mental disorders (Annex 1), if a person with a mental disorder or a child with a mental development disorder wishes to receive a social service;

3.5. a copy of a document certifying disability if a person with a disability wishes to receive social services; and

3.6. other documents corresponding to the type of the relevant social service or social assistance.

[24 April 2009; 21 June 2010]

4. In order to receive a single benefit in an emergency situation in accordance with Section 35, Paragraph two of the Law On Social Services and Social Assistance, a person shall submit the documents referred to in Sub-paragraphs 3.1 and 3.6 of this Regulation.

5. The social service office shall, within 10 working days after receipt and registration of the documents referred to in Paragraph 3 of this Regulation, perform the following operations:

5.1. if a person has requested social assistance:

5.1.1. assess the income and material situation of the family (spouses, persons who have common expenses for food and who live in one dwelling) or the person living separately;

5.1.2. visit the person in his or her place of residence and complete a statement on inspection of the place of residence, if it is necessary for taking a decision;

5.2. assess the needs of a person, including information in accordance with Annex 2 to this Regulation in the needs assessment card of a person, if a person of legal age has requested any of the following social services:

5.2.1. care at home;

5.2.2. care in a day care centre for persons with mental disorders;

5.2.3. service in a group house (apartment);

5.2.4. care financed by the local government in a long-term social care and social rehabilitation institution (for elderly people, persons with disability);

5.3. if a person has requested a social service not referred to in Sub-paragraph 5.2 of this Regulation, ensured by a local government, complete a card of free form, in which the need of the relevant person for social services is assessed, and indicate the information regarding the person and his or her family, the living conditions, an assessment of the resources and self-care of the person, as well as the type of social service necessary and the duration of receipt of the service;

5.4. evaluate the following:

5.4.1. the opportunities for a local government to provide a social service or social assistance corresponding to the needs of the person;

5.4.2. the possibilities for the person or a member of his or her family to co-contribute and the necessity of concluding an agreement regarding this; and

5.4.3. the necessity for drawing up a rehabilitation plan;

5.5. take a decision on granting of a social service or social assistance, if it is the duty of a local government to ensure a social service or social assistance, or on refusal to grant a social service or social assistance, if the requirements of this Regulation or of the relevant regulatory enactments regulating the field of social services and social assistance have not been observed, and shall inform a person in writing regarding the decision taken;

5.5.1 together with a decision on granting of a social service in a long-term social care and social rehabilitation institution send or issue a copy of the card referred to in Sub-paragraph 5.3 of this Regulation to a person;

5.6. need not perform a repeat assessment of the income and material situation if a person requests a social service or social assistance within the time period, for which he or she has been granted the status of a needy or low income person.

[28 April 2009; 27 December 2011]

6. If a person requests a social care service financed by the State, including in the institution referred to in Annex 3 to this Regulation, the social service shall, within 10 working days after receipt of a submission, evaluate the conformity of the person with the criteria set forward for receipt of the service and shall take a decision on the necessity of the service. The social service shall, within a month, submit the documents referred to in Sub-paragraphs 3.1, 3.3, 3.4 and 3.5 of this Regulation to the Social Integration State Agency (hereinafter - Agency).

[13 October 2009; 27 December 2011]

7. In order to receive social services in a night shelter, a shelter and a crisis centre, as well as the social rehabilitation services provided for the visually-impaired and hearing-impaired, a person shall appeal directly to the service provider. The service provider shall take a decision on the provision of a service in accordance with the procedure specified by the founder of the relevant institution.

8. Social rehabilitation services provided from the State budget funds for the visually-impaired and hearing-impaired shall be organised in accordance with the regulatory enactments regarding the conditions and procedures by which the Latvian Society of the Blind and the Latvian Association of the Deaf shall provide social rehabilitation services and provide technical aids - typhlotechnical devices and surdotechnical devices.

[13 October 2009; the new revision of the Paragraph shall come into force from 1 January 2010, see Paragraph 2 of Cabinet Regulation No. 1165]

9. [13 October 2009; the amendment in relation to the deletion of the Paragraph shall come into force from 1 January 2010, see Paragraph 2 of Cabinet Regulation No. 1165]

10. [13 October 2009; the amendment in relation to the deletion of the Paragraph shall come into force from 1 January 2010, see Paragraph 2 of Cabinet Regulation No. 1165]

11. [13 October 2009; the amendment in relation to the deletion of the Paragraph shall come into force from 1 January 2010, see Paragraph 2 of Cabinet Regulation No. 1165]

12. A service provider shall, within five working days after taking a decision, inform a person in writing regarding the decision taken (except cases where a person does not have a registered place of residence), but, if a decision is taken on refusal to grant a social service or social assistance, shall indicate the grounds for the refusal and the procedure for disputing the decision.

13. An orphan or child left without parental care shall be ensured with social services in a long-term social care and social rehabilitation institution on the basis of a decision by the Orphan's Court, but a child with severe mental development disorders - according to the procedures specified in Paragraphs 3 and 6 of this Regulation.

14. Services in a long-term social care and social rehabilitation institution shall be ensured for a child upon the request of his or her parents on the basis of the documents referred to in Paragraph 3 of this Regulation and taking into account the procedure specified in Sub-paragraph 5.4 of this Regulation.

15. In exceptional circumstances, if it is impossible to ensure the care and upbringing in a foster family or with a guardian of an orphan or child left without parental care, the child may be placed in a long-term social care and social rehabilitation institution without delay, on the basis of one of the following documents:

15.1. a unilateral decision of the Chair of the Orphan's Court; or

15.2. a police report regarding a child abandoned in conditions hazardous to his or her health or life.

16. If in the case referred to in Paragraph 15 of this Regulation it is impossible to ascertain the place of residence of a child placed in a social care centre for children, the director of the social care centre shall, within one working day, inform about it the local government in the territory of which the child has been placed in the centre, and the Agency shall take a decision on granting the social service for up to three months.

[20 November 2008; 13 October 2009; 27 December 2011]

17. If the provision of a social service in a long-term social care and social rehabilitation institution, in the case referred to in Paragraph 16 of this Regulation, is the duty of the State, the local government shall, within three months, submit to the Agency the documents referred to in Paragraph 3 of this Regulation for the granting of the service from funds from the State budget.

[13 October 2009; 27 December 2011]

18. [20 November 2008]

19. The Agency shall:

19.1. take one of the following decisions within 10 working days after receipt and assessment of the documents submitted by a local government:

19.1.1. on granting the social service;

19.1.2. on admission of a person in a queue for receiving the social service in the long-term social care and rehabilitation institution nearest to the place of residence of the person or the institution indicated in the person's submission;

19.1.3. on refusal to provide the social service if the requirements referred to in this Regulation or in regulatory enactments regulating the relevant field of social services have not been observed;

19.2. if necessary, within five working days after receipt of the documents submitted by a local government, request the social service office to submit additional information necessary for taking a decision and inform the submitter thereof;

19.3. in the case referred to in Sub-paragraph 19.1.2 of this Regulation, if it is one's turn to receive the service, verify whether the person needs the social service, including request anew the documents referred to in Sub-paragraphs 3.3 and 3.4 of this Regulation, if they are more than 12 months old, and take a decision on granting the social service or on refusal to grant the social service, if the requirements referred to in this Regulation have not been observed;

19.4. within 10 working days after receipt of the submitted documents, on the basis of a submission of the head of the long-term social care and social rehabilitation institution and of the person, take a decision on granting the service of a half-way home or on refusal to grant it, if the requirements referred to in this Regulation have not been observed or the person has been recognised as not conforming for receipt of the service of a half-way home;

19.5. within 10 working days after receipt of the decision of the social service on accepting a person in a group house (apartment), take a decision to terminate the provision of the long-term social care and social rehabilitation service and prepare a certification that the person, within 12 months from the date when the service of a group house (apartment) is commenced, may return to the long-term social care and social rehabilitation institution financed by the State, if he or she is unable to adapt for life in a group house (apartment);

19.6. take a decision to discontinue the provision of the long-term social care and social rehabilitation service;

19.7. take a decision to suspend the provision of the long-term social care and social rehabilitation service, if the whereabouts of a person have been unknown for more than two months from the day when the fact of disappearance was notified to the police;

19.8. take a decision on renewal of the provision of the long-term social care and social rehabilitation service from the day when a person has returned to the service provider, if the provision of the service to the person was suspended in the case referred to in Sub-paragraph 19.7 of this Regulation;

19.9. within five working days after taking the decision referred to in Sub-paragraphs 19.1, 19.3, 19.4, 19.5, 19.6, 19.7 and 19.8 of this Regulation, send the decision to the person, as well as inform the relevant social service and service provider regarding the decision taken.

[27 December 2011]

20. If it is impossible to ensure a social service for a disabled child with severe mental disorders, who has resided in a long-term social care and rehabilitation institution, after reaching the age of 18, to the extent required by him or her in his or her place of residence, the Agency shall take a decision on provision of the service for the relevant person in an institution that is provided for adult persons with severe mental disorders. The referred to decision shall be taken on the basis of:

20.1. a submission by the head of the long-term social care and social rehabilitation institution, to which a submission by the person of legal age with severe mental disorders living in a long-term social care and rehabilitation institution for children or his or her lawful representative and the documents referred to in Sub-paragraphs 3.3, 3.4 and 3.5 of this Regulation are appended; and

20.2. a written confirmation from the social service office and family that it is impossible to ensure care in the extent necessary for the person.

[13 October 2009; 21 June 2010; 27 December 2011]

21. If a person living in a long-term social care and social rehabilitation institution after rehabilitation does not need the services of the long-term social care and social rehabilitation institution anymore and the person wants to live in a group house (apartment), the services of the long-term social care and social rehabilitation institution may be exchanged for services in the place of residence. In such case the person shall appeal to the head of the long-term social care and social rehabilitation institution with a submission, requesting to grant the service of a group house (apartment).

22. If services of a long-term social care and social rehabilitation institution may be exchanged with services in the place of residence for a person, the head of the long-term social care and social rehabilitation institution shall send the following documents to the social service of such local government, which has taken the decision on placing the person in the long-term social care and social rehabilitation institution:

22.1. the submission referred to in Paragraph 21 of this Regulation;

22.2. an assessment of the skills and abilities of the person in dynamics, which has been performed during acquisition of a social rehabilitation course for life outside a social rehabilitation institution;

22.3. a statement of the long-term social care and social rehabilitation institution that the person is suitable for living in a group house (apartment). An assessment of a social worker, psychiatrist and other specialists on the social functioning capabilities of the person shall be appended to the statement;

22.4. the documents referred to in Sub-paragraphs 3.3 and 3.5 of this Regulation; and

22.5. other information, which is of significance for taking a decision on granting the service of a group house (apartment).

23. After receipt of the documents referred to in Paragraph 22 of this Regulation, the social service office shall within 30 days:

23.1. evaluate the documents referred to in Paragraph 22 of this Regulation;

23.2. provide a statement on the suitability of the person for life in a group house (apartment), if the single statement referred to in Paragraph 24 of this Regulation has not been provided;

23.3. take a decision on granting the service of a group house (apartment) or refusal to grant the service of a group house (apartment), if the requirements of this Regulation have not been observed or the statement referred to in Sub-paragraph 23.2 or Paragraph 24 of this Regulation is unfavourable;

23.4. send the documents referred to in Sub-paragraphs 23.2 and 23.3 of this Regulation to the head of the long-term social care and social rehabilitation institution.

[13 October 2009; 21 June 2010]

24. In order to assess the suitability of a person for life in a group house (apartment), the head of a long-term social care and social rehabilitation institution may establish a commission for the evaluation of skills and abilities of the person. The commission shall include representatives of the social service of a local government and of the provider of the service of a group house (apartment), as well as other specialists. The commission shall provide a single statement on the suitability of the person for life in a group house (apartment).

25. If a statement on the suitability of the client for life in a group house (apartment) is provided in accordance with the procedure specified in Paragraph 24 of this Regulation, separate statements of the institution and the social service on the suitability of the client for life in a group house (apartment) shall not be necessary, and the head of the institution shall send the social service only the documents referred to in Sub-paragraphs 22.1 and 22.4 of this Regulation and a statement of the commission on the suitability of the client for life in a group house (apartment).

[13 October 2009; 21 June 2010]

25.1 The social service shall, within 10 working days after taking a decision on granting the service of a group house (apartment), send to the Ministry of Welfare a submission regarding granting the State co-financing. Copies of the documents referred to in Sub-paragraphs 3.3, 3.4 and 3.5 of this Regulation and a copy of the decision referred to in Sub-paragraph 23.3 of this Regulation on granting of the service of a group house (apartment) shall be appended to the submission. The Ministry of Welfare shall, within 10 working days after receipt of the referred to documents, take a decision on granting of the State co-financing, on refusal to grant State co-financing, if the requirements referred to in this Regulation have not been observed, or on acceptance of the provider of the social service in the queue for the receipt of co-financing.

[27 December 2011]

26. Cabinet Regulation No. 946 of 21 November 2006, Procedures for Receiving Social Services and Social Assistance (Latvijas Vēstnesis, 2006, No. 190), is repealed.

27. If the Social Services Administration has taken a decision on placing a person in a long-term social care and social rehabilitation institution financed by the State for four months, a decision on placing of the person in the institution shall be deemed a decision on granting a social service.

[22 November 2008; 13 October 2009]

28. If a person who is in a long-term social care and social rehabilitation institution financed by the State wants to receive a social care and rehabilitation service in another long-term social care and social rehabilitation institution financed by the State, the person or his or her lawful representative shall appeal to the head of the long-term social care and social rehabilitation institution financed by the State, in which the person receives the social care and social rehabilitation service, with a submission not more than once in 12 months.

[13 October 2009; 27 December 2011]

28.1 The head of the long-term social care and social rehabilitation institution financed by the State shall send the Agency the submission of the person regarding change of the service provider and copies of the documents referred to in Sub-paragraphs 3.3, 3.4 and 3.5 of this Regulation, except the cases referred to in Paragraph 28.2 of this Regulation.

[21 June 2010; 27 December 2011]

28.2 If a person who receives the long-term social care and social rehabilitation service in a State social care centre wants to change the service provider, a decision on transfer of the person to another service provider shall be taken by:

28.2 1. the head of the State social care centre, in which the person receives the social care and social rehabilitation service, if the person wants to receive the service in another branch of the centre;

28.2 2. the head of the State social care centre, in which the person wants to receive the service, reaching an agreement with the head of the State social care centre, in which the person receives the service, after receipt of the submission of the person and the documents referred to in Sub-paragraphs 3.3, 3.4 and 3.5 of this Regulation.

[21 June 2010]

28.3 In the cases referred to in Paragraph 28.2 of this Regulation the head of the State social care centre, before taking a decision on change of the service provider, shall electronically ascertain in the Agency whether the conditions referred to in Paragraph 28.4 of this Regulation do not exist, and shall, within five working days after taking a decision, send the relevant information to the Agency.

[27 December 2011]

28.4 If in the cases referred to in Paragraph 28.2 of this Regulation it is impossible to ensure the change of the service provider due to the lack of places or other important reasons, the head of the State social care centre shall send the submission of a person regarding change of the service provider and the documents referred to in Sub-paragraphs 3.3, 3.4 and 3.5 of this Regulation to the Agency.

[21 June 2010; 27 December 2011]

29. The Agency shall within 10 working days after receipt and assessment of the documents referred to in Paragraph 28.1 or 28.4 of this Regulation:

29.1. take one of the following decisions:

29.1.1. on accepting the person in the queue for the receipt of the social service in the institution indicated in the submission of the person;

29.1.2. on changing the service provider; or

29.1.3. on refusal to change the service provider, if acceptance of clients in the institution indicated in the submission of the person has been suspended or discontinued or the relevant institution has terminated its operation;

29.2. inform the person regarding the decision taken.

[21 June 2010; 27 December 2011]

30. If a person who is in a long-term social care and social rehabilitation institution financed by the State wants to receive the social care and social rehabilitation service in one of the institutions referred to in Annex 3 to this Regulation, the person shall, in addition to the submission referred to in Paragraph 28 of this Regulation, submit a recommendation of a psychiatrist for changing the service provider.

[13 October 2009]

Prime Minister I. Godmanis

Minister for Welfare I. Purne

 

Annex 1
Cabinet Regulation No. 288
21 April 2008

A Psychiatric Opinion Regarding Special (Psychiatric) Contra-indications and the Most Suitable Type of Service for a Person with Mental Disorders

Given name, surname of the person

Personal identity number       -     

Place of residence
 

1. An opinion regarding special (psychiatric) contra-indications for acceptance in a long-term social care and social rehabilitation institution (psychiatric illnesses or psychiatric disorders with marked persistence and long-term symptomatologu resistant to medication: personality and behaviour disorders (associative, emotionally unstable, epileptoid, paranoid, querulant personalities) with social disadaptation, inhibition of inclination and impulses, a tendency towards aggression, violence and conflicts, as well as destructive behaviour, including suicide attempts; psychiatric disorders of persons, for whom compulsory measures of a medical nature have been specified by a court judgment)

2. Description of a person's mental health

No.

Description of a person's mental health

mark the appropriate answer with an "X"

2.1. Has undergone treatment in a psycho-neurological in-patient unit  
2.2. Has not undergone treatment in a psycho-neurological in-patient unit  
2.3. Has undergone out-patient treatment with a psychiatrist  
2.4. Until now has not undergone treatment with a psychiatrist  

3. Evaluation of a person's mental health

No. in sequence

Criterion

mark the appropriate answer with an "X"

3.1. Orientation abilities
3.1.1. is incapable of orientating in time  
3.1.2. is unable to organise the daily routine independently  
3.1.3. orientates in time  
3.1.4. is incapable of orientating in a room  
3.1.5. with little support orientates in a familiar environment (in an apartment, in a house)  
3.1.6. is incapable of going outside the house alone  
3.1.7. is capable of being outside the house alone in a known environment or route  
3.1.8. is independent  
3.2 Communication abilities
3.2.1. does not recognise those around him or her  
3.2.2. recognises his or her own people, but does not form contacts with those around him or her  
3.2.3. reacts appropriately to contact with those around him or her  
3.2.4. unclear, inadequate speech  
3.2.5. communicates, using language, reacts appropriately  
3.3. Emotional field
3.3.1. frequent mood swings  
3.3.2. inadequate emotions  
3.3.3. frequently depressed  
3.3.4. frequently elevated mood  
3.3.5. emotionally balanced  
3.4. Perception disorders
3.4.1. yes  
3.4.2. no  
3.5. Attention and concentration abilities
3.5.1. unstable  
3.5.2. restricted  
3.5.3. difficulty in switching attention  
3.5.4. corresponds with the norms of age  
3.6. Reasoning disorders
3.6.1. no disorders  
3.6.2. productive symptomatology is present  
3.6.3. others  
3.7. Memory
3.7.1. within the limits of the norm  
3.7.2. noticeably deteriorated  
3.7.3. amnesia  
3.8. Behaviour
3.8.1. aggressiveness  
3.8.2. self-destructive behaviour  
3.8.3. appropriate for the situation  
3.9. Attitude towards his or her illness
3.9.1. critical  
3.9.2. non-critical  
3.10. Addiction to
3.10.1. alcohol  
3.10.2. smoking  
3.10.3. medication  
3.10.4 gambling  
3.10.5. narcotic substances  
3.11. Use of medication  
3.11.1. no comprehension regarding the need for the use of medication  
3.11.2. behaviour dependent on the regular use of medication  
3.11.3. assistance necessary for the use of medication  
3.11.4. may use medication independently  

4. Assistance necessary

No.

Criterion

mark the appropriate answer with an "X"

4.1. In the performance of household tasks  
4.2. In self-care (for example, in hygiene, eating)  
4.3. In the use of medication  
4.4. In moving outside the house  
4.5. In performing operations with money  
4.6. Other variant  

5. Necessity for surveillance

No.

Criterion

mark the appropriate answer with an "X"

5.1. Surveillance is not necessary  
5.2. Periodic surveillance is necessary  
5.3. Permanent surveillance is necessary  

6. Recommendation of a doctor-psychiatrist regarding the most suitable type of care for a person with mental disorders (for example, day centre for persons with mental disorders, care in the home, care in an old people's care institution, in a care institution for persons with mental disorders, in a psycho-neurological establishment)

Date ____________________________________

Signature ___________________________

Minister for Welfare I. Purne

 

Annex 2
Cabinet Regulation No. 288
21 April 2008

Information to be Mandatorily Included in the Assessment of the Needs of a Person

[28 April 2009]

1. Functional disorders (movement disorders, speech impediments, hearing impairment, vision disorders, other health disorders).

2. Technical aids (if any are used, specify).

3. Eating, drinking, cooking (for example, is able to cook, to warm up food, to eat independently).

4. Moving, mobility (for example, is able to move with or without aids, to move along the stairs or other ways for overcoming height, to stand up and sit down, to change pose).

5. Getting dressed (for example, is able to prepare, to put on and to take off clothes, to put on and take off footwear).

6. Care for appearance, personal hygiene and oral hygiene (for example, taking care of face, taking care of hair, clipping of nails, everyday washing of the body, intimate hygiene, cleaning of teeth).

7. Taking a bath or washing (for example, is able to draw a bath, to get into bath or shower and to get out of it, to wash).

8. Use of toilet (for example, is able to get to the toilet, to use aids).

9. Orientation in space, time.

10. Communication, behaviour, settlement of conflicts.

 

Annex 3
Cabinet Regulation No. 288
21 April 2008

Medical Treatment Institutions Providing Long-term Social Care and Social Rehabilitation Services

[13 October 2009]

1. State limited liability company Rīgas psihiatrijas un narkoloģijas centrs [Riga Centre of Psychiatry and Addiction Disorders].

2. State limited liability company Strenči narkoloģiskā slimnīca [Strenči Psycho-neurological Hospital].

3. State limited liability company Slimnīca "Ģintermuiža" [Hospital "Ģintermuiža"].

4. State Limited Liability Company Daugavpils psihoneiroloģiskā slimnīca [Daugavpils Psycho-neurological Hospital].

 


Translation © 2012 Valsts valodas centrs (State Language Centre)

 
Document information
Status:
In force
in force
Issuer: Cabinet of Ministers Type: regulation Document number: 288Adoption: 21.04.2008.Entry into force: 24.04.2008.Theme:  Social protectionPublication: "Latvijas Vēstnesis", 63 (3847), 23.04.2008.
Language:
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