LAW NO. 20,032 ESTABLISHES SYSTEM OF CARE FOR CHILDREN AND ADOLESCENTS THROUGH THE NETWORK OF COLLABORATORS OF THE SENAME, AND ITS SUBSIDY REGIME. Having present that the National Congress has given its approval to the following Bill: " TITLE I Preliminary Rules Article 1.-The provisions of this law have |! |to establish the form and conditions in which the |! | National Service of Minors, henceforth SENAME, |! |will subsidize its accredited collaborators. Likewise, they determine the way the SENAME |! |will ensure that the action developed by their |! |accredited collaborators respect and promote the |! |fundamental rights of children and |! |adolescents subject to attention and adjust to the |! |disposed in this law and in other provisions |! |legal and regulatory related to the work that |! |they perform. Article 2.-The action of the SENAME and its accredited collaborators shall be subject to the following principles: 1) The respect and promotion of human rights of persons under eighteen years of age contained in the Constitution of the Republic, the laws in force, the International Convention on the Rights of the Child and other instruments (2) The promotion of family, school and community integration of the child, child or adolescent and their social participation, and 3) The deepening of the partnership between civil society, governmental, regional and In the design, implementation and evaluation of public policies aimed at the Childhood and adolescence. Article 3.-The SENAME may subsidize, in accordance with the provisions of this law, the activities carried out by accredited collaborators concerning the following lines of action: 1) Offices for the protection of the rights of the child, Child and adolescent; 2) Residential Centers; 3) Programs, and 4) Diagnosis. The above, without prejudice to the powers of the SENAME to develop these lines directly, in accordance with the provisions of article 3, No. 4, of Decree Law No. 2.465, 1979, which fixes the text of its organic law. Article 4.-For the purposes of this law, it shall be understood as: (1) Accredited contributors: non-profit legal persons who, in order to develop the actions referred to in the previous article, are recognized as such by Resolution of the National Director of the SENAME, in the form and conditions required by this law and its regulations. Natural persons may be recognized as accredited collaborators for the sole purpose of developing the diagnostic action line, in accordance with the procedure laid down in the preceding paragraph. The public institutions which carry out or between whose functions are found to carry out actions relating to the matters covered by this law, shall not require such recognition; 2) Registration of accredited collaborators and projects: the system information about the network of accredited staff of the SENAME that will contain the background referred to in article 4 of Law No. 19,862 and its regulations and additionally the results obtained by each project in the evaluation of performance. In this case, the register shall be extended, as appropriate, to natural persons recognized as accredited collaborators, in accordance with this law; 3) Eligible lines of action: those forms of care referred to in Article 3 of this law. In particular, each of them shall be understood as follows: (3.1) Offices for the protection of the rights of the child, child or adolescent (hereinafter the OPD): local outpatient care bodies, which are intended to carry out actions aimed at to provide comprehensive protection of the rights of children or adolescents, to contribute to the creation of conditions that promote a culture of recognition and respect for the rights of children. 3.2) Programmes: a set of activities, which can be grouped according to technical criteria. The following programs will exist at least: a) Program for the Protection of Rights: intended to provide the child, girl or adolescent with the necessary outpatient care for the proper protection, reparation or restitution of their rights. In cases where the technical intervention warrants it, this line may be developed in conjunction with the residential line, for which the accredited contributor may submit a single project to the respective call for tender. For the purposes of Title IV of this Law, within this programme, a distinction shall be made: (1) Protection programme in general: intended for the protection, repair or restitution of the rights of the child, child or adolescent to situations of violation of the same as by its entity do not require a specialized intervention. (2) Specialist protection programme: intended to provide specialist remedial intervention in situations of serious violations of rights, such as: street situation, drug abuse, serious child abuse, commercial sexual exploitation of children, or other problems that seriously affect the normal development of the child, child or adolescent. (3) Family strengthening, those aimed at strengthening the capacity of parents or those who can responsibly take care of the personal care of the child, child or adolescent who is in a residential center to exercise directly This care, propitiating her soon egress and her family reinsertion. b) Program of Reinsertion for Adolescent Offenders to the Criminal Law: directed to execute the actions that the law entrusts to the SENAME regarding the responsibility of a teenager as a consequence of the commission of an infraction to the criminal law. For the purposes of the provisions of Title IV of this Law, the reinsertion of offenders into the criminal law in general and the program of assisted freedom will be distinguished within this program. (c) Prevention programme: to prevent situations of violation of the rights of the child, child or adolescent who affect their family, school and community integration. (d) Promotion Programme: to promote the rights of the child, child or adolescent, in any of the forms mentioned in Article 16. e) Program of Families of the Host: directed to provide the child, girl or adolescent in their rights with a family environment where they reside, through host families. f) Emergency Program: to support accredited collaborators in situations of emergency or disaster that could affect the normal care of children and adolescents. 3.3) Residential Centres: those intended for the attention of children and adolescents deprived or separated from their family environment. They will be classified in diagnostic centers and residences: a) Diagnostic Centers: those intended to provide the transient and urgent care of those children and adolescents, who require diagnosis or be separated from their environment. family while adopting a protective measure in their favor, providing shelter, food, shelter, affective and psychological support and other care they require. (b) Residences: those intended to provide, in a stable way, children and adolescents separated from their family environment, accommodation, food, shelter, recreation, early stimulation, affective and psychological support, ensuring their access to education, health and other services that are necessary for their well-being and development. 3.4) Diagnosis: the outpatient work of technical advice in the psychosocial field or other analogous to the competent judicial authority or other instances requesting it, and 4) SENAME Grant Unit (USS): the equivalent unit in money with the What the SENAME contributions are expressed to the accredited collaborators. Article 5.-For the purposes of the payment of the grant may be subject to the attention of the projects implemented by the accredited collaborators, within the lines of action mentioned in the article 3 of this law, the following: (1) Children and adolescents who have been infringed on their rights or in situations of social exclusion; (2) Adolescents accused of having committed an offence to criminal law, subject to a measure decreed by the competent court or a penalty such as consequence of having committed it, and 3) Children or adolescents who do not find themselves in the situations provided for in the previous numbers, require the action of the SENAME and its accredited collaborators for the prevention of violation of their rights and promotion of their rights. The SENAME may also support activities related to the care of parents, persons who have the personal care of children, girls and adolescents, or to those who have a protective role in their rights when it comes to depends on the prevention or improvement of the situation that violates these rights or the development of the process of reinsertion of the criminal law-breakers. TITLE II Of the accredited collaborators Article 6.-They may be accredited as |! |collaborators the legal persons referred to in the |! |article 4º No. 1), which within its purposes |! |contemplate the development of actions in accordance with the |! |ends and goals of this law and natural persons |! |they have suitability and professional title for the |! |development of the diagnostic action line. Legal persons recognized as |! |accredited collaborators, for the purposes of perceiving the |! |grant that treats this law, shall also comply |! |with the requirements stated in law No. 19,862, which |! |establishes records of persons receiving legal |! |public funds. Article 7.-It shall not be recognized as accredited collaborators those legal persons who have as members of their board, legal representative, managers or administrators: (1) Persons who have been convicted, are prosecuted or against whom they have been formally investigated for crimes or crimes which, by their nature, show the inconvenience of entrusting them with the direct attention of children, (2) Public officials carrying out audit or control duties on accredited employees; 3) Judges, management and auxiliary staff of the European Community, and the management of the financial resources of the European Union. administration of justice of the family courts established by law No. 19,968, and 4) the technical advice of the family courts referred to in Law No 19,968. The inabilities set out in the preceding numbers will also apply to natural persons, as appropriate. The regulation shall establish the manner in which compliance with the requirements set out in the previous article shall be established and the fact that it is not affected by any of the inabilities or incompatibilities established in the present Article. Article 8.-Recognition as an accredited contributor may be requested at any time, without prejudice to which the SENAME will make public calls to submit applications, at least once a year. Article 9.-In the event that, due to the over-coming cause, the loss of any of the requirements referred to in Article 6 is lost or any of the inabilities or incompatibilities established in Article 7, the National Director, is incurred The SENAME shall revoke the recognition, according to the following criteria: (1) If a legal person is to be treated, the revocation shall only be made in the event of a non-subsable loss of the requirements referred to in Article 6. If any inability or incompatibility with respect to one of the persons to which he or she is refers to the first indent of Article 7, shall be carried out in accordance with the following number and only the recognition of the legal person may be revoked if the circumstances in which the institution operates normally affect the normal functioning of the institution; and (2) treat a natural person accredited as a collaborator, for the revocation of the recognition (a) shall be subject to a subsable or non-subsable causal effect. In both cases, it is understood that the causal relationship which was represented by the Service in written form has not been exceeded within the period prescribed for these purposes. Article 10.-The decision rejecting or revoking the recognition as an accredited contributor may be appealed against in accordance with the provisions of Law No 19,880. Article 11.-Accredited collaborators must ensure that persons who, in any form, provide services to children and adolescents in the care of children have not been convicted, are currently being processed or formalised an investigation against them for a crime or a simple crime which, by its nature, shows the inconvenience of entrusting them with the direct attention of them or of entrusting them with the administration of economic resources. Without prejudice to the provisions of Article 21 of Law No 19,628, collaborators shall be required to apply to the applicants for the certificate of antecedents for special purposes referred to in Article 12 (d) of the Supreme Decree No. 64, of 1960, of the Ministry of Justice, on criminal records and certificates of history and to consult the register provided for in article 6º bis of decree law No. 645, of 1925, on the National Register of Convictions. TITLE III Of the execution of the lines of action Paragraph 1 General Rules Article 12.-The accredited contributor will be |! |obliged to pay attention to any child, girl or |! |teen who requests it directly or through |! |the person in charge of your personal care, a |! |order of the SENAME, the competent court or |! |the office of protection of respective rights, always |! |that is a situation for which it is |! |competent, according to the convention, and count with places |! |available. However, if there is a program or |! |service more appropriate to attend to the requested, |! |it will be the duty of the required contributor to propose to the |! |applicant that alternative. The provisions in the above paragraph will not be |! |applicable to residential centers or programs |! |reinsertion for teenage lawbreakers |! |criminal, in which the accredited contributor only |! |will treat children, girls or (a) before the Court of Justice, without prejudice to the provisions of Articles 18 and 19 of this Title. Article 13.-The accredited collaborators must keep a general record of the requests and holds made and other relevant facts, which will be freely available to the Regional Directorate and to the supervisor of the respective SENAME. The regulation will determine the contents of the regulation. Article 14.-The directors or managers of the projects, and the professionals who direct direct attention to the children or adolescents in any of the lines of action indicated by this law, who are aware of a situation of violation the rights of any of them, which is a criminal offence, shall immediately report to the competent authority on criminal matters. In the cases mentioned in the previous paragraph, as well as in those situations which, not constituting a crime, require a judicial measure in favor of the child, child or adolescent, the accredited partner must make the application the competent court. Paragraph 2 Of the offices of protection of rights of the child, girl or adolescent Article 15.-Corresponding, especially, to the |! |offices of protection of rights of the child, girl or |! |adolescent: a) Facilitate the child, child or adolescent, the access |! |cash to programs, services and resources |! |available in the community, strengthening the work in |! |networks and collaborative actions of public actors and |! |privates; b) Offer directly the special protection that |! |is required, when the referral to a program is not |! |possible or when such a referral seems unnecessary |! |because it is a situation that supports a solution |! |relatively fast with the resources of the own |! |office, and c) Promote the strengthening of competitions |! |parents who correspond to the families, |! |privilege those actions aimed at avoiding the |! |separation of the child, girl or adolescent of their family or |! |of the persons entrusted with their personal care. Paragraph 3 of the programmes Article 16.-The programmes of promotion of the |! |rights of the child, girl or adolescent will be directed, in |! |special, to one of the following objectives: 1) Training and training in materials |! |related to the respect and exercise of rights |! |of children, girls and adolescents, directed at these and |! |persons who have direct treatment with them; 2) Dissemination of the same rights and of the |! |situation of children, girls and adolescents, and 3) Monitor, evaluate and design programs and |! |projects through studies or research. Article 17-Reinsertion programs for offenders to the criminal law will have as their object the responsibility of the adolescents for their own behavior, the protection of their social and family insertion and respect for the rights and freedoms of the other people. In order to meet these objectives, this line of action will be included with modalities of greater or lower level of specialization, considering the complexity of the problem to be addressed. In these programmes, all the rights of the children and adolescents must be respected, not restricted by the nature of the measure decreed by the judge. Paragraph 4th of the residential centers Article 18.-The entrance to the centers of |! |diagnosis must be made after resolution |! |judicial. However, when for reasons of force majeure |! |a child, girl or teen, enter the establishment, |! |without such a judicial measure, the responsible |! |such center will assume as the first function, give them the |! |due protection to their rights and strive for all |! |the means to bring them together again, with their parents or the |! |persons legally entrusted with their personal care. |! | With everything, if these have been the direct causes of the |! |violation of the rights of the child, girl or |! |teen, and, in general, when it is not possible |! |reuniting with those persons, must be reported in the |! |first hearing to the court competent to adopt |! |a measure in your respect. Article 19.-In residences, only children or adolescents may be received by the judicial authority. However, residences may also be able to provide children, girls and adolescents with separate or private adolescents with urgent care when a diagnostic centre cannot be used, and they are obliged to apply to the the judicial authority, the following working day, which takes a measure in this respect. Article 20-Accredited collaborators who administer a residence must take the necessary measures for the exercise of the right of children or adolescents to maintain personal relations and direct and regular contact with his parents and with other relatives, except judicial resolution to the contrary. Article 21.-The director of the residence shall assume the personal care and the direction of the education of the children and adolescents accepted in it, respecting the limitations of the law or the judicial authority (a) by imposing on their powers, in favour of the rights and autonomy of them, as well as the powers of their parents or other persons provided by the law. Paragraph 5 of the diagnosis Article 22.-The accredited collaborators who |! |execute the diagnostic line must elaborate the |! |respective reports required by the court or other |! |competent body, ensuring compliance with the |! |deadlines and the reservation of the information of character |! |reserved according to the current legislation. Article 23.-The diagnosis of a child, child or adolescent in a residential center administered by an accredited partner shall be performed, preferably, by a diagnostic team that is not administered by the same partner. Paragraph 6 Of the simultaneous intervention of the various lines of |! |eligible action Article 24.-One child, girl or teenager |! |may be simultaneously the recipient of more than one |! |line of action supported by the SENAME, executed |! |by different or same accredited contributor if |! |give the conditions. TITLE IV Of the financing and the evaluations Paragraph 1 of the financing Article 25.-For the transfer of the |! |grant, the SENAME will call a contest of projects |! |relative to the various lines of action regulated in |! |the present law. Each contest will be governed by the bases |! |administrative and technical that for these purposes |! |make the Service. Once these projects have been selected, the SENAME |! |will celebrate with the respective accredited collaborators |! |a convention according to the following article. They will be excluded from the call to contest the |! |emergency projects referred to in the letter f) of the |! | Nº 3.2) of the article 4. Also, by resolution |! |founded, they may be excepted from the tender, being |! |authorized the SENAME for establish a convention in form |! |direct, in the following cases: 1) When the respective |! |call has been made to contest, this has been declared deserted |! |for no interested collaborators. 2) When I will try to ensure the continuity of |! |the attention to girls, children and adolescents users of |! |some project that has to be finished |! |early. Article 26.-Conventions which are concluded with accredited collaborators shall stipulate at least: 1) The supported action line; (2) the specific objectives and the expected results, as well as the mechanisms that the SENAME and the accredited partner will use to assess their compliance; (3) the matching grant; (4) The number (a) the grant of the grant, where appropriate, the agreed payment forms and the terms of the number of places to be revised; (5) the duration of the agreement; and (6) the project submitted by the partner, who will be an integral part of the project. of the convention. Conventions will always be public. Such agreements shall contain the same conditions, modalities and amount of the grant, depending on each line of action. Article 27.-Without prejudice to the provisions of the State's financial management rules, the agreements may last a maximum period of: 1) 3 years for OPD and diagnoses, and 2) 5 years for residential centers and programs. Projects with a duration of more than one year will be assessed annually by the National Child Service. Also, the SENAME will ask the accredited collaborators for a work plan for the corresponding period. The SENAME may extend the agreements, without the need for a new call for tenders, if the evaluations yield positive results. The Service shall, at an advance of not less than 60 days after the expiry of the Convention, make the necessary repairs to the implementation of the project, if it does not do so, the agreement shall be renewed for a period identical to that agreed in the Current convention. The power to extend the validity of the agreements may be exercised for up to two times in respect of the agreements relating to residential centres, and for the diagnosis, OPD and programmes only once, after which the Service must make a new call for competition. To this process, the accredited contributor who has executed the respective project may be postulated, and his trajectory and performance in charge of this project should be considered as a background for the evaluation of the new project. In the case of residential centres, the SENAME may exercise the power to extend the agreements by modifying the places initially agreed, taking into account the actual needs of care coverage. Article 28.-Accredited bodies implementing more than one project may administer them centrally using up to a maximum amount of 10% which they perceive as a grant. These funds may only be used for administrative expenditure incurred in the implementation of the objectives of the projects. The respective institution must inform the SENAME of its decision to benefit from this mode of administration. Article 29. To make the call for tenders, the SENAME will determine the amount of the grant offered for each eligible action line, according to the following criteria: 1) The age of the children, girls and adolescents and the disability (2) The complexity of the situation that the project intends to address; (3) the availability and costs of the human and material resources necessary considering the location of the project, and 4) the coverage of the project attention. For the determination of the amount to be paid, the regulation shall specify the method of calculation for each line of action. It will set the objective parameters that will delimit the categories of each criterion and the values of the factors associated with these parameters. These factors, in turn, shall apply to the base values specified in the following Article. Article 30.-The grant offered by the SENAME |! |for each line of action, will be determined according to the |! |indicated in the previous article and must respect the |! |following ranges, expressed in grant units |! | SENAME: Line of action Form of payment Base Value 1) Offices of Per population 0.083 to 0.12 USS protection of convinida with monthly value. rights of the unit. child, child or adolescent. 2) Diagnostics. For service 8 to 10 USS. lent. 3) Combined System Centers: 8.5 to 15 USS Residenciales. per square agreed, monthly. to any event in the fixed part of the costs, which may not exceed 30% of the unit value and per child cared for, in the variable part of the same. 4) Programmes. a) Program for population 3 to 5 USS prevention. treated with monthly value. unit. b) Program 3 USS monthly to strengthen combined. every event and 10 family. Per child treated to USS per child every event and an additional graduate per child favorably. I welcome this. (c) Programme of the project. -Up to 200 USS promotion. by program at the local level. -Up to 2,000 USS per program at regional level. -Up to 20,000 USS per program nationally. (d) Program for the child cared for. Base value for measures to determine in reinsertion for range between 0.5 and offenders of 7.99 USS penal law in monthly. general. e) Program for the child cared for. 8 to 12 USS freedom monthly. assisted. (f) Program of Per Population Base value for protection in care with value to be determined in general. unit. Range from 0.5 to 8.99 USS monthly. (g) Programs of per child cared for. 9 to 15 USS protection monthly. specialised. (h) Program for the child cared for. 6.5 to 9 USS families of monthly. reception. (i) Programme of the project. Up to 2,000 USS. emergency. Article 31.-The SENAME authorities will give equal treatment to all accredited collaborators, always safeguarding the transparency of the procedures used. All arbitrariness is prohibited when determining the grant amounts to be offered in each call to tender, and when choosing the project selected to receive the grant. Article 32.-The SENAME Grant Unit will have a value of $10,000. However, the nominal value of the USS will be readjusted in the month of January of each year, in the percentage of variation that the Consumer Price Index has experienced during the previous year. Article 33.-The Regulation shall specify the modalities to be included in each action line, the base value corresponding to them, the particularities of their forms of payment and the procedures for the surrender of resources. transferred. Article 34.-The SENAME may allocate up to 2% of the resources it has annually in its budget of programs to reward with a performance bonus, for the quality of the attention and the results achieved, to the accredited collaborators that run the Program Action Line. The performance bonus will be awarded and paid to the contributors annually and must be for the partner's own purposes. The regulation will determine how it will be allocated. The programmes referred to in Article 16 of this Law shall be excluded from this benefit. Article 35.-The grant to be received by the SENAME accredited collaborators and the donations and other income that they receive or generate will not be affected by any tax on Income Tax as soon as they are used for the development of the lines of action set out in this law. Paragraph 2 of the evaluations Article 36.-The evaluation of the agreements is |! |will direct to verify: 1) The fulfillment of the objectives; 2) The achievement of the expected results |! |specified in the respective convention; 3) The quality of the attention, and 4) The criteria used by the partner or |! |accredited to decide the income and egress of children, |! |girls or teenagers. The regulation will set the objective criteria |! |for the evaluation as well as the mechanisms by means of |! |which the accredited collaborators will be able to know |! |the methodology used for these effects. The SENAME will be able to perform the performance evaluation |! |directly or through selected third parties |! |by public tender. Article 37.-The SENAME shall have the right to terminate or amend the conventions, where the objectives are not met, or the results are not achieved in the degree agreed to as a minimum satisfactory or, where the rights of children or adolescents are not being properly respected. In these and all cases in which it is appropriate, the collaborators will be able to claim the resolutions of the SENAME, in accordance with the provisions of Law 19,880. FINAL TITLE Provisions several Articles 38.-The provisions of laws that make |! |reference to the decree with force of law No. 1,385, of |! | 1980, of the Ministry of Justice, and to the decree law Nº |! | 3,606, of 1981, that will be repealed, will be understood a |! |this law, in matters to which such provisions are |! |refer. Article 39. References that are made in different legal bodies to the collaborating institutions, recognized as collaborators of the National Service of Minors or who contribute to their functions, will be understood as the collaborators I am sure you are dealing with this law Article 40.-The limitation laid down in the second paragraph of Article 9º of Law No 18,834 shall not apply to SENAME when it is required to assume any of the tasks set out in Article 3º 4 of Decree Law No 2,465 of 1979, which lays down the text of the organic law of SENAME. The additional recruitment of staff must be duly authorised by the Budget Directorate of the Ministry of Finance. This staff will not be provided with the Service and the expenditure which will be contracted will be financed with the redistribution of funds from its budget. Regional directors may also assign management functions and delegate powers of that nature to officials engaged in direct administrations. Article 41.-The following amendments are introduced in Decree Law No 2,465 of 1979, which establishes the text of the organic law of SENAME: 1) Reposition, in the first paragraph of Article 1, the phrase " to execute the actions necessary to assist and protect minors in this law and to encourage, guide, coordinate and supervise technically the work they carry out public or private entities that contribute to their functions ", for" contributing to protect and promote the rights of children and adolescents who have been violated in their exercise and the social reintegration of adolescents who have infringed criminal law, in accordance with article 2 of this law. To this end, it will be especially for the SENAME to design and maintain an offer of specialized programs aimed at the attention of these children and adolescents, as well as to stimulate, guide, and supervise the technical and financial work to be carried out by public or private institutions with the quality of accredited partners. " 2. Substitute the second indent of Article 1, by the following: " For the purposes of this law, it is understood as a child, child or adolescent, any person under the age of eighteen. The references that in this law are made to minors should be understood as references to children and adolescents. This shall be without prejudice to provisions laying down a different age for certain purposes. ' 3) Replace the first indent of Article 2, by the following: " Article 2.-The SENAME shall address in particular its action: (1) Children and children adolescents who have been infringed on their rights, when this situation has the main cause: a. The lack of a legally responsible family or other person who takes care of their personal care; b. Actions or omissions of parents or persons with personal care; c. The temporary or permanent inability of these persons to ensure the rights of those without State aid, and d. The children's own behavior, when they endanger their life or physical or mental integrity. (2) To adolescents accused of having committed an offence to criminal law, including those who are subject to a private or non-custodial measure decreed by the competent court or to a penalty as a result of having task. 3) To all children, girls or adolescents, in relation to the prevention of situations of violation of their rights and promotion of them. "4) Intercalase, in the final paragraph of article 2, after the comma (,) that follows the word" this " and before the voice 'situation', the phrase ' or an institute of technical-professional or technical-vocational education of adults or studies in some educational establishment of basic, medium, technical-professional or vocational education (5) Substitute the number (4) of Article 3 (5) of Article 3 (4) of the Treaty. next: " Create temporary inpatient centers and behavioral rehabilitation centers to manage them directly. In qualified cases, and with the authorization of the Ministry of Justice, you will be able to directly create and manage OPD, centers, programs and diagnostic equipment corresponding to the lines of action developed by your accredited collaborators with State grant. Qualified cases shall mean those in which the partners are not interested in taking on these lines of action, once called upon to submit proposals, or, where the demand for care exceeds supply. " 6) Intercalanse, in the number 14 of the Article 12, after the comma (,) following the word "Service" and prior to the preposition "of", the following phrases: " and, for the administration of the OPDs and the various centers, programs and diagnostic equipment, in all the lines of action, to develop accredited collaborators within their territory, to modify them and to (a) the term of office, and any general or special decisions which are necessary for the exercise of such powers. ' 7. Articles 13 and 14 shall be deleted. 8. in Article 15, the phrase "The interveners and in particular those recognized as collaborators", by "The accredited collaborators". (9) Substitute the first paragraph of Article 16 for the following: " Where the operation of an accredited contributor or of his establishments suffers from serious anomalies and in particular in cases where there are situations of violation of the rights of children, girls or adolescents who are subject to their care, the judge of minors in the institution's home or the place where the establishment of the partner works, if only one of his or her establishments, respectively, on their own initiative or at the request of the National Director of SENAME or, within the territory of their competence, of the respective Regional Director, shall be provided by the provisional administration of the entire institution or of one or more of its establishments. ' (10) Substitute the third indent of Article 16 by the following new points: " La Provisional administration to be taken over by the Service may not exceed one year for the centres and OPDs, or six months for the programmes or diagnostic equipment. The provisional administration, the National Director or the Regional Administration, as appropriate, shall appoint the administrator or assume it by himself. In such cases, the provisional administration will be made with the financial resources corresponding to the grant to the accredited contributor to the measure. The judge, at the request of a party, may renew this administration by a resolution founded, for a single time for the same period. The provisional administrator must take all immediate actions to ensure adequate care for children and adolescents, thereby providing for the suspension or separation of their duties from that or those workers or officials of the respective establishment, provided that this is necessary to put an end to the situation of infringement of their rights. "11) Intercalase, in the third indent of Article 17, after the comma (,) following the word" facts " and before the word "be done", the following sentence: " to request the court to decree the The prohibition referred to in point (12) of Article 18 shall be prohibited. Article 42.-Enter the following amendments to Article 29 of Law No. 16,618, of Minors: (a) Assume the 2nd) of Article 29, and (b) Replace No. 3) by the following: " 3rd) Dispose your entrance to a diagnostic, transit, and distribution or rehabilitation or a specialised outpatient programme, as appropriate. ' Article 43.-Decree Law No. 3,606 of 1981. Article 44.-Repeal the decree with force of law Nº1.385, of 1980, of the Ministry of Justice. Article 45.-In those regions where the SENAME does not have a Regional Director, the privileges that this law confers on that authority may be exercised directly by the National Director or by the official in which the Director is delegated. Article 46. This law shall enter into force 60 days after its publication in the Official Journal. TRANSITIONAL PROVISIONS Article 1.-The collaborating institutions of the |! | SENAME existing at the date of entry into force of |! |this law, will be recognized as collaborators |! |accredited by the National Director of the SENAME without |! |need for any request except that they or the |! |members u directory do not meet the requirements |! |mentioned in the 6th and 7th articles. The contributor |! |will be obliged to flag this circumstance, and to |! |remedy the defect if possible. Consequently, during the course of the deadline |! |understood between the date of publication of this law and |! |that of its entry into force, the National Service of |! | Minors must adopt the administrative measures |! |necessary to dictate new resolutions of |! |recognition regarding such institutions. To |! |it, they may require the collaborators to |! |update their background and documents of |! |agreement with the requirements of this law. Likewise, the Service must celebrate with the |! |collaborators new conventions that conform to the |! |provisions of this law and its regulations. The dictation of the recognition resolutions |! |referred to in this article will leave no effect |! |those that have been previously issued. Article 2.-Without prejudice to the provisions of the previous article and Article 44, by Resolution Exenta of the National Director of SENAME, the validity of the resolutions of recognition of the collaborators given by the National Assembly may be extended. SENAME prior to the entry into force of this law. Also, the SENAME may extend for up to three years the conventions in force before the entry into force of this law. In such cases, the terms and conditions of financing shall be those laid down in those conventions and in the absence of such agreements, as laid down in the rules on the control of transfers of the National Child Service, applicable prior to the entry into force of this law. Article 3.-During the first three years of this law, the calls for tenders, the selection of projects and the consequent payment of the subsidy according to the values set out in this law will be gradually and progressively applied, in the Next form: 1) Year 2005, for the line Residential Centers; 2) Year 2006, for the line of Protection of Rights, and 3) Year 2007, for the other lines of action. Without prejudice to the progression provided for in this Article, the selection procedure, the value of the grant and the form of payment of any project that is initiated after the entry into force of this law, whichever is the line of The action in question must be subject to the provisions contained therein. Article 4.-While under the law minors under 18 years of age under criminal law, remain in penitentiary establishments administered by the Gendarmerie of Chile, such care may be subsidized under the line residential centers with a value of 6.8 USS per child served. This mode of care shall be excluded from the tendering system provided for in this Law. Article 5.-The greatest expense that the application of this law means during the year 2005 will be financed by reallocations of the SENAME Budget of that year and, in what it does not reach, by the departure of the Public Treasury of the Law of Budgets for the Public Sector for the year 2005. " Having complied with the provisions of Article 82 of the Constitution of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of Mexico, and because I have had to approve and sanction it, I therefore promulgate and take effect as the Law of Santiago, 11 July 2005.-RICARDO LAGOS ESCOBAR, President of the Republic.-Luis Bates Hidalgo, Minister of Justice.-Nicolas Eyzaguirre Guzmán, Minister of Finance. What I transcribe to you for your knowledge.-Salutes intently to Ud., Jaime Arellano Quintana, Assistant Secretary of Justice. Constitutional Court Bill establishing a system of care to |! |childhood and adolescence through the network of |! |collaborators of the National Service of Minors and their |! |grant scheme The Secretary of the Constitutional Court, who |! |subscribes, certifies that the Honorable Chamber of Deputies |! |sent the bill enunciated in the rubric, approved |! |by the National Congress, in order that this Court |! |exercise the control of constitutionality regarding the |! |article 41, No 9, of the same, and by judgment of 15 of |! |June 2005, given in the cars Role No 447, |! |declared constitutional. Santiago, June 16, 2005.-Rafael Larrain |! | Cruz, Secretary.