Name of law Law amending and supplementing the law on social assistance the Name Bill a bill amending and supplementing the law on social assistance of adoption Date 11/04/2012 number/year 2012 Official Gazette Decree No 32/160

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law amending and supplementing the law on social assistance, adopted by the National Assembly of the HLI 11 April 2012

Issued in Sofia on 19 April 2012

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Diana Kovatcheva

LAW

to amend the social assistance Act (promulgated, SG. 56 1998; amend., SG. 45 and 120 of 2002, no. 18, 30 and 105 of 2006, issue 52 and 59 since 2007, 58/2008 14/41 and 74 from 2009, no. 15 by 2010, issue 9 and 51 from 2011)

§ 1. In art. 1 is hereby amended as follows:

1. Paragraph 1 shall be amended as follows:

(1) this Act regulates the social relations associated with safeguarding the right of citizens of the Republic of Bulgaria on social support through social assistance and social services. "

2. in the Al. 2 item 3 shall be replaced by the following:

3. support for the social inclusion of persons who receive social assistance, and to those who use social services; ".

3. Paragraph 3 is replaced by the following:

(3) social assistance be provided in a way that preserves the dignity of citizens, and is based on social work, applying individual approach and comprehensive assessment of the needs of individuals and families. "

4. Paragraphs 4 and 5 are repealed.

§ 2. In art. 2 make the following amendments and additions:

1. Paragraphs 2 to 5 shall be amended as:

(2) social assistance shall be effected by:

1. the granting of aid in cash and/or in kind to meet basic life needs of citizens, where this is not possible through their labor and their holdings of property;

2. provision of social services.

(3) the right to social assistance have the Bulgarian citizens, families and cohabiting persons who due to health, age, social or other reasons beyond the control of them may themselves through their work or income earned from the property owned, or with the help of the obligated under art. 140 of the family code to hold persons to ensure the satisfaction of their basic vital needs.

(4) receipt of monthly social allowances shall associate itself with the successful completion of community service, except in the case of maternity leave or when age and/or the State of health of the person does not allow this.

(5) the right to social services are Bulgarian citizens, families and cohabiting persons who after evaluating the needs that need support in order to ensure social inclusion and independent living. "

2. a new paragraph. 6:

"(6) the rights under paragraph 1. 3 and 5 qualify and foreigners with permission for long-term or permanent residence in the Republic of Bulgaria, the foreigners granted asylum, refugee or humanitarian status and foreigners benefiting from temporary protection and persons for whom it is provided for in an international treaty, in which the Republic of Bulgaria is a party. "

§ 3. Article 3 is amended as follows:

"Art. 3. In the provision of social benefits and social services don't allow direct or indirect discrimination of persons on grounds of sex, race, nationality, ethnicity, human genome, nationality, origin, religion or belief, education, convictions, political affiliation, personal or social status, disability, age, sexual orientation, family status, property status or any other signs laid down in law or an international treaty by which the Republic of Bulgaria is a party. "

§ 4. In art. 6 make the following amendments and additions:

1. Paragraph 1 shall be amended as follows:

(1) the Agency for social assistance: 1. implement the State policy on social assistance;

2. carries out the activity in the provision of social assistance and social services;

3. develop a uniform system of evaluation and control of the activities of the directorates ' social assistance and carried out a specialized control over them by the Inspectorate of the Agency for social assistance;

4. coordinate and control activities in the planning and development of social services;

5. develop criteria and standards of quality of social services, which shall be approved by an Ordinance of the Council of Ministers, on a proposal from the Minister of labour and social policy;

6. allow the opening, closing, modification of the type and capacity of social services when they are delegated by the State activities;

7. register the persons under art. 18, al. 1 providing social services under the conditions and in accordance with procedures laid down by the regulation for implementation of the law;

8. prepare summary annual reports and analyses of the activity in the field of social assistance and social services, which shall submit to the Minister of labour and social policy;

9. participate in the preparation of the draft regulations in the field of social assistance and social services;

10. maintain records of children who may be adopted under the conditions of full adoption, the adoptive parents under the conditions of full adoption and foster care approved by regional directorates for social assistance;

11. performs other activities defined by law or by decision of the Council of Ministers. "

2. a para. 3:

"(3) the Minister of labour and Social Affairs shall approve the Ordinance for the career development of social workers at the Agency for social assistance."


§ 5. Art is created. 6a:

"Art. 6. (1) in the performance of their duties the staff of the Agency for social assistance and its territorial divisions are entitled to cash for representative clothing for each calendar year.

(2) cash under para. 1 for civil servants of the Agency for social assistance and its territorial divisions are provided on terms and order in an amount set out in the Ordinance for the caretaker position of civil servants (official SG. 23 of 2000; Corr. 47/2000; amend., SG. 53, 62 and 89 from 2000; Corr., no. 90 of 2000; amend., SG. 28 and 35 since 2001. , Decision No 3901 since 2001. the Supreme Administrative Court-PCs. 54 of 2001; amend., SG. 108 since 2001, PCs. 15, 67 and 115 of 2002, PCs. 17, 59 and 109 in 2003, PCs. 18 of 2004, PCs. 50 and 83 of 2005, St. 2, 46 and 68, 2006, issue. 46, 64, 92 and 101 of 2008, PCs. 21, 95 and 106 by 2011, and St. 21 of 2012).

(3) cash under para. 1 for employees of the Agency for social assistance and its territorial divisions who are appointed under an employment contract under the Labour Code shall be provided on terms and order in an amount set out in the Ordinance of the Minister of labour and social policy, in consultation with the Minister of finance. "

§ 6. In art. 14 (a), para. 1 the word "written" shall be deleted.

Transitional and final provisions

§ 7. In the law on child protection (Official Gazette No. 48 of 2000; amend., SG. 75 and 120 of 2002, no. 36 and 63 from 2003, no. 70 and 115 of 2004, no. 28, 94 and 103 by 2005, issue 30, 38 and 82 of 2006, no. 59 of 2007 No. 69 since 2008. , PC. 14, 47 and 74 from 2009, PCs. 42, 50, 59 and 98 of 2010, PC. 28 and 51 from 2011) make the following changes and additions:

1. In art. 21, para. 1:

a) including 6 letter "g" is repealed;

(b)) in item 9, the word "ensure" is replaced by "participating in".

2. In art. 27, al. 5, second sentence, the words "the Director of the Directorate for social assistance" shall be replaced by ' the relevant social service provider "foster care".

3. Article 31 shall be amended as follows:

"Art. 31. (1) the adoptive family are two husbands or individual which offers child-rearing under contract under art. 27. The spouses or the person of the host family does not have parental rights and obligations.

(2) promotion of candidates for foster care is carried out by the Commission on foster care that is created to the Regional Directorate for social assistance.

(3) Regional Directorate for social assistance keeps a log of approved host families.

(4) the foster family may be professional, in which case it must possess additional qualifications and for raising children, acquired by the order of the Ordinance under para. 6, and to enter into a contract with the provider of a social service "foster care".

(5) the conditions and procedures for the funding of professional foster care shall be determined by the regulation for implementation of the law.

(6) the procedure for application, selection and validation of foster families and the children in them, as well as the composition, organization and functions of the Committee on foster care shall be determined by an Ordinance of the Council of Ministers, on a proposal from the Minister of labour and social policy. "

4. In art. 34A:

(a)) in the Al. 1, after the word "care" a comma and added "as a measure for the protection of the child under art. 4, al. 1 ";

b) paragraph 2 is amended as follows:

"(2) the families of relatives or close, candidates for host families and established host families can be supported by social service" foster care ".";

in Al are created.) 3 and 4:

(3) social service "foster care" includes activities in the recruitment and evaluation of candidates for foster care, training, mutual adjustment, support and monitoring of child rearing.

(4) the social service provider "foster care" can be a Directorate for social assistance, the municipality or a licensed provider of social services for children in accordance with art. 43 (b). "

§ 8. All professional foster families, who have concluded an employment contract with the Director of social assistance at the time of entry into force of this law, shall have the right to request a modification of the contract with the selected provider of social service "foster care". In the event that the host family does not wish to change the employment contract, its action is maintained until the expiry of the period specified in it.

§ 9. The Council of Ministers shall adopt the necessary amendments to the regulation for implementation of the law for the protection of the child and by the Ordinance under art. 31, para. 6 of the Act for child protection within three months of the entry into force of this law.

§ 10. The Council of Ministers shall adopt the necessary amendments to the rules of procedure of the Agency for social assistance within one month from the entry into force of this law.

§ 11. The Council of Ministers shall adopt the necessary amendments to the regulation for implementation of the law on social assistance within three months of the entry into force of this law.

§ 12. Minister of labour and social policy issued a decree for the career development of social workers within 6 months of the entry into force of this law.

§ 13. The law shall enter into force on the day of its publication in the Official Gazette.

The law was adopted by 41-Otto National sat Rainier on 11 April 2012 and is stamped with the official seal of the National Assembly.

President of the National Assembly: Anastas Anastasov

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