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《TAIPEI TIMES》 Child protection amendments ratified

2019/03/30 03:00

Legislative Speaker Su Jia-chyuan bangs his gavel at the Legislative Yuan in Taipei yesterday to mark the passage of amendments to the Protection of Children and Youths Welfare and Rights Act. Photo: Huang Yao-cheng, Taipei Times

SAFETY NET: Prosecutors are now able to step in if a social worker files a report about a child being in potential danger, whereas before, social workers had to submit evidence

By Sean Lin / Staff reporter

The Legislative Yuan yesterday passed amendments to the Protection of Children and Youths Welfare and Rights Act (兒童及少年福利與權益保障法), which would reinforce the early warning mechanism to prevent the abuse or exploitation of minors.

Central to the amendments are rules aimed at improving the so-called “social protection net,” which would allow prosecutors to intervene whenever social workers at local governments file a report about a child or teenager being in potential danger.

Situations in which the amendments apply include when social workers discover that a minor is missing or when they think a minor’s life, safety or freedom is at risk.

Social workers must inform local police of any of these situations, and they would forward the case to the local prosecutors’ office.

The maximum fine for people who have a job in which they are responsible for a minor’s well-being, but fail to report a case of potential abuse or exploitation to the authorities within 24 hours of learning of the incident, unless they have a valid reason, was also raised from NT$30,000 to NT$60,000.

Workers who are obligated to report potential abuse or exploitation of minors include the police, paramedics, social workers, borough and village officials, teachers and daycare center staff, according to the act.

The amended act stipulates that the Ministry of Health and Welfare must investigate the cause of death of any children under the age of seven and share the results with the public.

People with a record of sexual assault or harassment are barred from working at or establishing a welfare institute for minors.

That includes people who have abandoned, physically or mentally abused, kidnapped, molested, supplied firearms to or filmed pronographic images of minors, as well as people who have committed any crimes stipulated in Article 49 of the act.

Similarly, people who have committed sexual harassment or assault; who have abused minors and were deemed unfit to provide education; and who have breached Article 49 of the act, are not allowed to work at or establish an after-school institute for minors.

Prior to hiring someone, welfare or after-school institutes must log into a database to be established by the ministry and verify whether that person has a record of such crimes.

Institutes that contravene these rules would face a maximum fine of NT$250,000.

Institutes that subject minors to physical or mental abuse or supply them with unclean food or unsafe facilities could face a maximum fine of NT$600,000.

Individuals or entities that breach Article 49 face having their names published, as well as a fine of NT$600,000.

Democratic Progressive Party Legislator Lee Li-fen (李麗芬), a sponsor of the amendments, said that in the past prosecutors could only intervene in suspected child abuse cases after evidence was presented by a social worker.

By simplifying the procedure for judicial intervention, social workers could focus on resolving domestic issues, and the task of collecting evidence could be performed by the police and prosecutors, she said.

新聞來源:TAIPEI TIMES

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