Requirements for Providers of Child Supervision Services and Procedures for Registration of Providers of Child Supervision Services

Issued pursuant to
Section 50.³, Paragraph four of the
Protection of the Rights of the Child Law

I. General Provisions

1. This Regulation prescribes the professional qualification and safety requirements in providing child supervision services (hereinafter - service), the procedures for registration of service providers in the Register of Providers of Child Supervision Services (hereinafter - Register), the manager of the Register and the information to be included in the Register.

2. The service shall be provided by a State or local government institution, legal person or natural person who has been registered in the Register as a service provider in accordance with the procedures laid down in this Regulation.

3. The service shall be provided at the place of residence of the child or another appropriate place outside the place of residence of the child.

4. Depending on the duration of the period in which a child receives the service, the service shall be:

4.1. temporary - up to four hours a day;

4.2. full-time - exceeding four hours a day.

5. The service provider shall organise safe, informative and useful spending of time for a child, contributing to his or her comprehensive development. If full-time service is provided to a child from eighteen months of age until the time when mandatory preparation of the child for the acquisition of basic education is commenced, the service provider has a duty to provide support for the acquisition of a preschool education programme in the child's family, receiving methodological assistance from a local government preschool education institution or advisory centre of preschool education.

6. The service may be received by one of the parents of the child who has the custody of the child, or adopters under whose care and supervision the child to be adopted has been transferred prior to approval of adoption in court by a decision of the Orphan's Court, or a member of the foster family who has entered into a contract with the local government, or a guardian, or another person who is actually taking care of and raising the child according to a decision of the Orphan's Court (hereinafter - service recipient).

7. The conformity of the service provider with the requirements laid down in the Protection of the Rights of the Child Law, this Regulation and other legal acts according to the competence shall be controlled by the State Inspectorate for Protection of Children's Rights, the State Fire and Rescue Service, the Health Inspectorate and the Food and Veterinary Service. The State Inspectorate for Protection of Children's Rights shall not less than once a year verify the conformity of the service provider and the persons involved in provision of the service with the requirements laid down in this Regulation.

8. The local government, in the administrative territory of which the service is provided, has the right to assess the conformity of operation of the service provider with the requirements laid down in this Regulation and in case if a non-conformity is detected inform the State Inspectorate for Protection of Children's Rights, the State Fire and Rescue Service, the Health Inspectorate or the Food and Veterinary Service thereof according to the competence.

II. Professional Qualification and Safety Requirements for the Provision of Child Supervision Services

9. The service provider or the person involved in provision of the service who is engaged in child supervision must comply with the following requirements:

9.1. the person has not committed the violations referred to in Section 72 of the Protection of the Rights of the Child Law or criminal offences;

9.2. the person has not been suspended or revoked the right of custody by a court decision or the person has not been revoked from fulfilment of the duties of a guardian by a decision of the Orphan's Court due to disorderly fulfilment thereof, or he or she has not been revoked the status of a foster family or guest family, if he or she has not fulfilled the relevant duties according to the interests of the child;

9.3. the person has a certificate regarding first aid skills, unless the person has acquired the first aid skills within the framework of an adult formal education programme or in-service training educational programme. This requirement shall not apply to legal persons, if at least one of the persons involved in the provision of the service has medical education;

9.4. the person has acquired in-service training educational programme in the field of child care (not less than 40 hours in full-time studies, including, for example, training regarding child development stages, action in situations endangering the safety of a child, mediation), if full-time service is provided and the person involved in provision of the service does not have secondary vocational pedagogical education or higher pedagogical education or professional qualification of a nanny has not been acquired.

10. A legal person and a State or local government institution, which provides the service, shall ensure conformity with the following requirements:

10.1. it has been registered as a merchant, co-operative society, association, foundation, partnership or religious organisation in accordance with the procedures laid down in laws and regulations, except a service provider - State or local government institution -, and has entered into employment contracts or contracts for work performance with the persons involved in the provision of the service;

10.2. it has received a statement of the State Fire and Rescue Service regarding conformity of the place where the service will be provided with fire safety requirements, if the service is provided outside the place of residence of the child;

10.3. it ensures the performance of primary health examinations and periodic health examinations in accordance with the procedures laid down in the laws and regulations regarding performance of mandatory health examinations for persons engaged in child supervision at places where child supervision service is provided;

10.4. it has received a permit of the Food and Veterinary Service for a catering service, if the full-time service is provided outside the place of residence of the child;

10.5. it has drawn up and approved agendas and safety provisions, in which the rights, duties, responsibility of the service provider and service recipient and other essential norms are indicated, to be conformed to during provision of the service, as well as provides the service recipient with a possibility of getting acquainted with such provisions;

10.6. it ensures conformity with the fire safety, labour protection and hygiene requirements during provision of the service;

10.7. it ensures medical first aid during provision of the service (medical first aid kit shall be ensured at the place where the service is provided, and the content of the kit shall conform to the requirements laid down in the laws and regulations regarding the minimum of medical materials contained in a first aid kit).

11. A natural person who has registered as an individual merchant in accordance with the procedures laid down in laws and regulations or a performer of economic activity with the State Revenue Service shall provide the service and ensure conformity with the requirements referred to in Sub-paragraphs 10.3, 10.4, 10.6 and 10.7 of this Regulation. The requirement referred to in Sub-paragraph 10.4 of this Regulation shall not apply to a service provided at the place of residence of a natural person. A natural person who provides a service at his or her place of residence shall co-ordinate the nutritional menu of the child with the service recipient.

12. A written contract shall be entered into by and between the service provider or his or her authorised person and the service recipient for provision of the service. The following shall be indicated in the contract:

12.1. the place and date of entering into the contract;

12.2. the date when the contract enters into effect and, if the contract is entered into for a definite period of time, the duration thereof;

12.3. information regarding the service provider:

12.3.1. if the service provider is a natural person - the given name, surname, personal identity number and address of the declared place of residence;

12.3.2. if the service provider is a legal person, State or local government institution - the name, registration number (for a State or local government institution - legal status) and legal address;

12.4. information regarding the service recipient (the given name, surname, personal identity number, address of the declared place of residence and telephone number);

12.5. information regarding the child (children) to whom the service is provided (the given name, surname, personal identity number, address of the declared place of residence);

12.6. the address of the place of residence of the child or of such place where the service is provided, if it is outside the place of residence of the child;

12.7. the extent of the service (number of hours per day), if it is known in advance;

12.8. the procedures and time periods for the settlement of accounts;

12.9. the duties and responsibility of the parties;

12.10. the procedures for the settlement of disputes;

12.11. other essential conditions conforming to this Regulation and general provisions for a transaction provided for in The Civil Law, which concern the interests of the service provider and service recipient, if it is necessary.

13. A natural person who provides a short-term service or a person involved in the provision of a short-term service of a legal person, or a person involved in the provision of a short-term service of a State or local government institution may concurrently supervise not more than 10 children.

14. A natural person who provides a full-time service or a person involved in the provision of a full-time service of a legal person, or a person involved in the provision of a full-time service of a State or local government institution may concurrently supervise not more than five children, except a case if they all are from the same family. A legal person and State or local government institution may concurrently provide full-time service outside the place of residence of a child for not more than 25 children.

15. If the child has special needs, the service recipient shall inform the service provider regarding the state of health of the child, the specificities of the development and taking care of the child. Service for a child with special needs shall be provided, if the service provider is especially trained for work involving such children and the place where the service is provided is adapted to the state of health and the nature of the development disorder of the child. The service provider shall provide special care and supervision for a child with special needs.

III. Registration of Providers of the Child Supervision Service

16. The Education Quality State Service (hereinafter - Service) shall be the manager of the Register. The Register shall be a component of the State Education Information System.

17. In order to register with the Register, a person wishing to provide a service shall submit a written application to the Service in accordance with Annex 1 to this Regulation, as well as certify the skills referred to in Sub-paragraphs 9.3 and 9.4 of this Regulation with the relevant documents.

18. The Service shall request information from the Punishment Register in order to ascertain whether the service provider or the person who involved in the provision of the service and is engaged in child supervision has not been punished for the violations laid down in Section 72 of the Protection of the Rights of the Child Law and criminal offences.

19. The Service shall take a decision to register or to refuse to register the service provider within a month after receipt of the application. The default referred to in the Law On the Provision of Free Services shall be applied to decision-making.

20. If a decision to register the service provider is taken, the Service shall assign a registration number to the service provider and shall make an entry in the Register regarding the service provider. The Service shall publish a decision to register or to refuse to register the service provider on its website (www.ikvd.gov.lv) within three working days after taking thereof and shall assign the status of public credibility to the information. Upon request of the service provider the Service shall issue a registration certificate (Annex 2) to the service provider in accordance with the type of receipt indicated in Paragraph 14 of Annex 1 to this Regulation.

21. If the information laid down in Paragraph 9 of or Annex 1 to this Regulation has changed, the service provider has a duty to inform the Service thereof within three working days, presenting certifying documents or submitting copies of certifying documents electronically. The Service shall take a corresponding decision within 10 working days after receipt of the information and make amendments to the Register.

22. The service provider has a duty to provide the information referred to in Chapter II of and Annex 1 to this Regulation within three working days after written request of the Service, the State Inspectorate for Protection of Children's Rights or such local government, in the administrative territory of which the service is provided, presenting certifying documents or submitting copies of certifying documents electronically, if the institution or local government cannot obtain the necessary information from registers. The service provider has a duty to provide information regarding the persons involved in the provision of the service upon written request of the Service or the State Inspectorate for Protection of Children's Rights.

23. The Service shall take a decision to exclude the service provider from the Register within 10 working days from the time when the following conditions have arisen:

23.1. the service provider has submitted an application regarding discontinuation of the provision of the service or activity;

23.2. the service provider has not submitted the requested information regarding the service provided within a month since receipt of the written request of the Service, the State Inspectorate for Protection of Children's Rights or such local government, in the administrative territory of which the service is provided;

23.3. the service provider does not fulfil the duties laid down in Section 50.³ and Section 72 of the Protection of the Rights of the Child Law or this Regulation or the service provided does not conform to the requirements laid down in these legal acts;

23.4. the service provider has provided false information;

23.5. a court judgment has been received, according to which the service provider is to be excluded from the Register;

23.6. it has been detected in public registers that the service provider or its founder has been liquidated.

24. A person may contest the administrative acts issued or actual action of employees of the Service by lodging a relevant submission to the Service within a month from the day of entering into effect of the administrative act. The decision of the director of the Service may be appealed to a court within a month from the day of the entering into effect of the decision of the director.

IV. Closing Provisions

25. Sub-paragraph 9.4 of this Regulation shall come into force on 1 January 2014. The service provider who has commenced the provision of the service until 31 December 2013 and has not acquired the education laid down in Sub-paragraph 9.4 of this Regulation at the time of registration, shall certify by documents the fulfilment of such requirement to the Service by 1 February 2014. If documents are not presented, the Service shall exclude the relevant service provider from the Register until 28 February 2014.

26. The Register shall be the component of the State Education Information System as of 1 January 2015. From 1 January 2015 a decision to register or to refuse to register a service provider shall be published on the website (www.viis.lv).

27. This Regulation shall come into force on 1 September 2013.

Prime Minister Valdis Dombrovskis

Minister for Welfare Ilze Viņķele

Annex 1
Cabinet Regulation No. 404
16 July 2013

Application Regarding Registration of a Child Supervision Service Provider to the Education Quality State Service

Note. The detail of the document "signature" shall not be completed if the document has been prepared in conformity with the laws and regulations regarding the drawing up of electronic documents.

Minister for Welfare Ilze Viņķele

Annex 2
Cabinet Regulation No. 404
16 July 2013

Note. The detail of the document "signature" shall not be completed if the document has been prepared in conformity with the laws and regulations regarding the drawing up of electronic documents.

Minister for Welfare Ilze Viņķele

Translation © 2014 Valsts valodas centrs (State Language Centre)