Procedure description

The maternal assistant is the natural person, certified under the conditions of Government Ordinance no. 27/01.08.2024, employed by the general directorate of social assistance and child protection, who ensures at his/her home or, as the case may be, at his/her residence the upbringing, care, and education of the child during the application of the special protection placement measure, placement in emergency regime for the child separated, temporarily or permanently, from his/her parents or, as the case may be, during the respite period of another maternal assistant.

May be certified as a maternal assistant the person who cumulatively meets the following conditions:
a) has reached the age of 21;
b) has graduated from professional or high school education;
c) by their behavior in society and psychological profile, presents moral guarantees regarding the upbringing, care, and education of children;
d) the person and their spouse present affective availability in relationships with children, confirmed after psychological evaluation;
e) the spouse and children who have reached the age of 14 and who have the same domicile or, as the case may be, the same residence as the applicant, express their agreement regarding the acceptance into the family of a child/children;
f) has domicile or, as the case may be, residence in a locality with access to educational, medical services for the child/children to be placed in care and, as the case may be, to habilitation/rehabilitation services for the disabled child;
g) has the right of use over a dwelling that adequately covers the needs for food preparation, hygiene, education, and rest for its users, including those of the child/children to be placed and for whom an individualized rest and homework space can be ensured;
h) at least one of the adult family members has income, except for the applicant if they live with one or more members.

Cannot be a maternal assistant the person who is in the following situations:
a) has exceeded the standard retirement age provided by Law no. 360/2023 on the public pension system;
b) has suffered a conviction by a final court decision, for committing intentionally an offense against the person, against authority, against the administration of justice, of corruption and service, as well as for drug trafficking offenses, regarding the regime of prohibited substances, carrying out illegal operations with precursors or other products likely to have psychoactive effects, or is registered with mentions in the National Automated Register regarding persons who have committed sexual offenses, exploitation of persons or against minors;
c) has, in the family, members who have reached the age of 14 or other persons living together, who have been convicted by a final court decision for an offense from the category provided in letter b) or are registered with mentions in the National Automated Register regarding persons who have committed sexual offenses, exploitation of persons or against minors;
d) has been deprived of parental rights by final court decision or has had the exercise of parental rights prohibited, as a complementary penalty;
e) suffers from communicable diseases, which could endanger the child’s health;
f) has in the family members or other adults living with them, who suffer from communicable diseases that could endanger the child’s health;
g) has a history of violence for which a provisional protection order or, as the case may be, a protection order was issued, according to Law no. 217/2003 for the prevention and combating of domestic violence, republished, with subsequent amendments and completions, or under Law no. 26/2024 regarding the protection order, or has in the family members or other adults for whom the mentioned orders have been issued;
h) has had or, as the case may be, has one or more biological children in the special protection system;
i) has consented to the adoption of their own child, except where the child was adopted by the spouse;
j) suffers from mental illnesses, is addicted to alcohol, drugs, or other psychotropic substances, confirmed by medical certificates issued by the specialist doctor;
k) has in the family members or other adults living with them, who suffer from mental illnesses, are addicted to alcohol, drugs, or other psychotropic substances, confirmed by medical certificates issued by the specialist doctor;
l) had their certificate of maternal assistant withdrawn, except when the certificate was withdrawn at their request.

Persons with domicile in Harghita County interested in becoming a maternal assistant will submit an evaluation request of their capacity to become a maternal assistant at the headquarters of the General Directorate of Social Assistance and Child Protection.
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In the request, the number of children for whom the applicant considers they can simultaneously provide optimal conditions for growth, care, and education, i.e., one or two children, the age group, the availability to care for sibling groups, children with disabilities, as well as the availability to take children in urgent regime or during another maternal assistant’s respite period, must be mentioned.
The following documents are mandatorily attached to the evaluation request:
a) the applicant’s curriculum vitae;
b) copy, certified by the directorate, of the applicant’s bulletin/identity card, long-term residence permit or, as the case may be, permanent residence card, and, as the case may be, each person living with them;
c) copy, certified by the directorate, of the applicant’s birth certificate and, as the case may be, each person living with them;
d) copy, certified by the directorate, of the marriage certificate or divorce decision/divorce certificate, if applicable;
e) copy, certified by the directorate, of the diploma of studies;
f) copy, certified by the directorate, of the property title or any other document attesting the right of use of the dwelling;
g) criminal record certificate of the applicant and, as the case may be, of each person over 14 years of age living with them;
h) behavioral integrity certificate of the applicant and, as the case may be, of each adult living with them, obtained under art. 16 of Law no. 118/2019 on the National Automated Register regarding persons who have committed sexual offenses, exploitation of persons or against minors, as well as to complement Law no. 76/2008 on the organization and functioning of the National System of Judicial Genetic Data, with subsequent amendments;
i) income certificate or other documents attesting the applicant’s income or, as the case may be, that of at least one of the adult family members living with them;
j) medical certificate issued by the family doctor regarding the applicant’s health, specifying that they do not suffer from communicable diseases, and, as the case may be, of each adult living with them;
k) certificate issued by the specialist physician stating that the applicant or, as the case may be, adults living with them do not suffer from mental illnesses;
l) authentic own responsibility statement from which it results that the applicant is not in one of the situations provided in art. 4 letters d), h), i), and l) of Government Ordinance no. 27/01.08.2024;
m) recommendations from the applicant's neighbors, relatives, other members of the community/persons from their social circle or, as the case may be, from local public authority representatives, regarding the applicant’s social behavior and, as the case may be, of family members living with them.
The expenses necessary for obtaining all documents accompanying the evaluation request are borne by the applicant.

The evaluation request provided is resolved within 90 calendar days from the date of registration at the directorate

The evaluation requested by application is performed by a team from the directorate consisting of a psychologist and social worker, the latter usually also having the responsibility of preparing the final report, and includes the following stages:
a) social evaluation;
b) psychological evaluation.
After the social evaluation and psychological evaluation, for the preparation to carry out the activity of maternal assistant, the applicant participates in training courses. The training courses are not attended by the applicant who is a university graduate in social work, psychology or educational sciences.
After completing the evaluation stages and preparation for carrying out the activity of maternal assistant, the evaluation team members draw up the final report on the capacity to care for the upbringing, care, and education of a child or, as the case may be, more children.
The applicant who has received the report with the proposal to issue the certificate submits to the directorate's headquarters a request addressed to the child protection commission requesting the issuance of the maternal assistant certificate, which is resolved within 30 calendar days from the date of registration at the directorate.
The child protection commission, after analyzing the final report presented by one of the evaluation team members and hearing the applicant, pronounces a motivated decision regarding the acceptance or, as the case may be, rejection of the application for the issuance of the maternal assistant certificate.

The maternal assistant certificate is attached to the decision of the child protection commission.
The maternal assistant certificate is issued for an indefinite period and is reviewed every two years based on an evaluation carried out by a team consisting of a social worker and psychologist.

Appeals

The person who considers themselves aggrieved by the answer received from DGASPC Harghita may address the administrative litigation court pursuant to Law no. 54/2004.

Contact details

Miercurea Ciuc, str. Libertății, no. 5, County: Harghita, Postal code: 530140

Phone: 0266207769 ; 0733553068

Fax: 0266/207754

​E-mail: office@dgaspchr.ro
Internet page: www.dgaspchr.ro

Link registry

Responsible institution

General Directorate of Social Assistance and Child Protection Harghita,

Harghita County

Service provision method

National

Resolution time

90 calendar days

Archiving term

30 years

File completion deadline

15 calendar days

Notification upon expiration of the resolution deadline

15 calendar days

Necessary documents

Final documents

Normative acts