Operational Procedure regarding the certification of the professional maternal assistant*
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The foster carer is the natural person, certified under the conditions of Government Ordinance no. 27/2024, employed by the General Directorate of Social Assistance and Child Protection, who provides at his/her home or, as appropriate, at his/her residence, the upbringing, care and education of the child during the application of the special protection measure of placement, emergency placement for the child temporarily or permanently separated from his/her parents or, as appropriate, during the respite period of another foster carer.
A person who meets cumulatively the following conditions:
- has reached the age of 21;
- has graduated from vocational or high school education;
- through his/her behavior in society and psychological profile, provides moral guarantees regarding the upbringing, care and education of children;
- the spouse and children who have reached the age of 14 and who have the same domicile/residence as the applicant express their consent regarding the reception of a child/children into the family;
- has at disposal a dwelling that appropriately covers the needs for food preparation, hygiene, education and rest of its users, including those of the child/children to be received into placement, and for which an individualized space for rest and doing homework can be ensured;
6. has his/her domicile or, as appropriate, residence in a locality with access to educational, medical services for the child/children to be received into placement and, as applicable, habilitation/rehabilitation services for the child with disabilities;
- the person and spouse show emotional availability in relationships with children, confirmed by psychological evaluation;
- at least one of the adult family members earns an income, except for the applicant, if he/she lives with one or more members;
- has attended continuing professional training courses organized by the General Directorate of Social Assistance and Child Protection Neamț, based on a training curriculum, developed by the National Authority for Child Rights Protection and Adoption in collaboration with academic representatives.
A person who is in the following situations cannot be a foster carer:
- has suffered a conviction by final court decision, for intentional commission of an offense against the person, against the authority, against the administration of justice, corruption and service offenses, as well as for drug trafficking offenses, regarding the regime of doping substances, carrying out illegal operations with precursors or with other products likely to have psychoactive effects or is registered with mentions in the automated National Register regarding persons who have committed sexual offenses, exploitation of persons or minors;
- has family members who have reached the age of 14 or other persons living together who have been convicted by final court decision, for intentional commission of an offense against the person, against the authority, against the administration of justice, corruption and service offenses, as well as for drug trafficking offenses, regarding the regime of doping substances, carrying out illegal operations with precursors or with other products likely to have psychoactive effects or is registered with mentions in the automated National Register regarding persons who have committed sexual offenses, exploitation of persons or minors;
- has exceeded the standard retirement age provided by Law no.360/ 2023 regarding the public pension system;
- the parent is stripped of parental rights by final court decision or is prohibited from exercising parental rights as a complementary penalty;
- has had or, as applicable, has one or more biological children in the special protection system;
- has a history of violence for which a provisional protection order/protection order was issued, or has family members or adults living together for whom such orders were issued;
- has consented to the adoption of his/her own child, except in the situation where the child was adopted by the spouse;
- suffers from mental illnesses, is addicted to alcohol, drugs or other psychotropic substances, confirmed by medical certificates issued by a specialist doctor or has family members suffering from mental illnesses or addictions mentioned above;
- suffers from communicable diseases or has family members suffering from communicable diseases, which could endanger the health of the child/children.
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The person who considers themselves wronged by the response received from DGASPC Neamț can address the administrative litigation court based on Law no. 544/2004.
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