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LAW OF THE REPUBLIC OF MOLDOVA

of June 18, 2010 No. 123

About social services

(as amended on 29-11-2018)

The parliament adopts this organic law.

Chapter I. General provisions

Article 1. Basic concepts

For the purpose of this law the following concepts are determined:

social services - package of measures and actions taken for satisfaction of social requirements of person/family with the purpose of overcoming difficult situations, the prevention of marginalization and social exception;

the minimum packet of social services - set of specialized social services established by the Government;

initial assessment - the first examination conducted by the social assistant to community on the basis of visit at home or visits of the location of the receiver for the purpose of detection of individual requirements of person/family and establishment of their right to use of social services;

complex assessment - the research and the detailed analysis of case which are carried out on the basis of visits at home or visits of the location of the receiver, interaction with social network of the receiver and with direct participation of specialists from the relevant organizations for the purpose of detection of the requirements of person/family which are available in family and community of resources, determinations of recommended social services and development of the individual plan of the public assistance;

the individual plan of the public assistance - the plan developed in writing on the basis of the standard plan approved by the Ministry of Health, work and social protection, including mainly set of the actions established for requirements satisfaction of the receiver, type of social services, duration of their provision and responsible personnel. The individual plan of the public assistance is developed and implemented with active participation of the receiver and his family or his legal representative;

division of the public assistance - the organizational division operating at the level of community for the purpose of approach of social services to the receiver, financed by bodies of local public authority of the second level;

territorial structure of the public assistance - the internal administrative structure created by bodies of local public authority of the second level on the basis of the principle of organizational autonomy for the purpose of realization the politician of the public assistance.

Article 2. Subject of the law

This law establishes general regulations of creation and functioning of complex system of social services and determines tasks and obligations of bodies of the central and local public authority, other legal entities and physical persons, authorized to provide and provide social services, and also to protect the rights of their receivers.

Article 3. Fundamental principles of provision of social services

Provision of social services is based on the following principles:

a) the principle of the address public assistance assuming priority provision of social services to socially vulnerable persons revealed on the basis of assessment of individual requirements;

b) the principle of concentration on the receiver assuming adaptation of social services to constantly changing needs of receivers on the basis of systematic impact assessment of these services on the receiver's provision;

c) the principle of availability assuming ensuring access of socially vulnerable persons / families to all services (by informing the population on the existing social services, developments of new social services and placement are closer than them to receivers), and also adaptation of services to needs of the receiver;

d) the principle of equal opportunities assuming providing the right of all socially vulnerable persons / families to social services in the conditions of the equal address and lack of discrimination;

e) the principle of efficiency assuming bystry decision making on rendering the public assistance.

Article 4. Right to social services

The right to social services is established in individual procedure on the basis of assessment of needs of person/family for these services.

Article 5. Application of the law

This law is applied:

a) to citizens of the Republic of Moldova, and also the foreigners specified in part (1) article 2 of the Law on integration of foreigners in the Republic of Moldova No. 274 of December 27, 2011;

b) to domestic and foreign physical persons and legal entities irrespective of their type of property and form of business with the place the residence/location in the Republic of Moldova.

Chapter II. Types of social services

Article 6. Classification of social services

(1) Social services are subdivided on:

a) primary social services;

b) specialized social services;

c) highly specialized social services.

(2) Primary social services are the services provided at the level of community to all receivers and aiming at the prevention or restriction of the difficult situations able to cause marginalization or social exception.

(3) Specialized social services are the services provided with the assistance of specialists and aiming at support, rehabilitation and development of individual capabilities for overcoming difficult situation in which there is receiver or his family.

(4) Highly specialized social services are the services provided in residential care or in specialized agency of temporary placement which assume number of the complex interventions able to consist of various combinations of specialized social services, and are intended for the receivers with the increased dependence needing permanent (round-the-clock) observation.

Chapter III. Bodies, authorized to provide social services

Article 7. Suppliers of social services

(1) physical persons or legal entities - public or private can be Suppliers of social services.

(2) Public suppliers of social services are:

a) the organizations of the public assistance created and managed by the central bodies of public management;

b) bodies of local public authority of the second level;

c) bodies of local public authority of the first level.

(3) Private suppliers of social services are:

a) the public associations, funds, private non-commercial institutions registered according to the legislation, operating in the sphere of social services;

b) legal entities and physical persons - the commercial enterprises registered according to the legislation;

c) social companies, including integration social companies.

(4) Suppliers of social services can organize and provide social services if they are accredited according to the law.

(5) Conditions of accreditation of suppliers of social services are regulated by the special law.

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