LAW July 31, 2003, No 10.
standards for the protection and enhancement of the family.
SICILIAN REGION
REGIONAL ASSEMBLY HAS APPROVED THE PRESIDENT REGIONAL
PROMULGATES
the following law: Article 1
.
Aims and areas of operation
1. The Region recognizes and values, implementing the principles of Articles 2, 3, 29, 31 and 37 of the Constitution and the UN Convention on the Rights of the Child enforced under the law May 27, 1991, No 176, the role of the family based on marriage or at any rate on the bonds of kinship, paternity, adoption, foster care or kinship as a subject of primary reference for social policies to promote family and, in particular, for the programming and the ' provision of assistance from social welfare, health and social, socio-cultural and educational operated in the region.
2. For the purposes of paragraph 1, the family is also essential reference collection and summary of the needs of its members and, as permitted by the nature and mode providing the benefits, an actor for the performance of services and the application the interventions.
3. The Region shall periodically to detect the conditions and family needs of handicapped children, those poor children of migrant workers, nomads, refugees, immigrants, orphans and other disadvantaged categories of persons to ensure equal opportunity. The Regional Programme interventions necessary to prevent the processes of marginalization and social maladjustment.
Article 2.
regional policy objectives for the family
1. To carry out the purposes of Article 1 and, in particular, to facilitate and support the choices that the formation of new families, the region promotes the adoption of policies aimed at organic and intersectoral:
a) remove barriers, especially with a residential, business and economic factors which make difficult the establishment or development of new families;
b) acknowledge the high social value of motherhood and fatherhood, protecting the right to procreation, enhancing and supporting the exercise of parental responsibilities;
c) to protect the welfare of all family members helping to remove physical and psychological situations that adversely affect the balance of each subject in order to promote the harmonious development of family relationships and intergenerational torque;
d ) to develop initiatives of solidarity to the families within which disabled people are included, designed to facilitate their maintenance within the same household;
e) define intervention models to facilitate older people to remain within the family recognizing the significant value of social care and assistance from this practice;
f) make compatible with the needs arising from work commitments with those of the spouses of the family, recognizing fully the housework and care activities as essential to family life and the social context;
g) to implement the principle of free choice by the citizen and the family and in the joint operation of the network of assistance and support services to people;
h) make in implementing the principle of subsidiarity, promoting all forms of self-organization or solidarity between the families, the family associations aimed to give impetus to primary networks of solidarity and cooperation, to promote forms of self-organization help and solidarity among families;
i) promote activities to protect, support and advice in support of lone parents, victims of sexual violence, and children abused or diverted;
l) ensure the implementation by local authorities of initiatives aimed at supporting the families of migrants, including for the inclusion of children in school career education;
m) to develop initiatives of solidarity to the families without a minimum subsistence income, and within which appear minor or disabled intended to facilitate their lives and keeping them within the same household;
n) to maintain and develop a network of public service initiative that encourages universal access to those supporting the person.
Article 3.
speeches and credit guarantees
1. In order to overcome the economic obstacles to the formation of new families or to intervene in support of families in conditions of temporary hardship, the region involved with contributions to the partial or total removal of the interest on five-year loan of an amount not exceeding € 25,000, to be released second predetermined limits and income groups.
2. Recipients of the assistance referred to in paragraph 1 are:
a) couples wishing to marry within a year or who have contracted by no more than a year after the claim;
b) families with dependents and unmarried, at least one year, one or more of the following:
1) the dependent elderly over sixty;
2) dependents;
c) single-parent families with dependents and unmarried, at least one year, one or more of the following:
1) child under age
2) aged over sixty reliant;
3) sick person with a mental or serious physical or psychological.
3. In the cases provided for in paragraph 2, letter b) point 2 and point c) Section 3, the fee referred to in paragraph 1 is also due to restructuring or adaptation of the first dwelling to the needs of the disabled person.
4. The provisions of paragraphs 1 and 2 also extend to families, to their constitution, they decide to accept and care for one or more elderly relatives in direct line of the first and second degree, in order to guarantee them a minimum living space .
5. For the purposes of paragraphs 1, 2, 3 and 4, the Department of family, social policies and local autonomy is empowered to enter into agreements with banks, financial institutions, insurance or social security.
6. By decree of President of the Region, adopted at the suggestion of the family, social policies and local autonomy, within ninety days after the entry into force of this law, limits are set and the income brackets as well as the detailed rules for intervention in this article.
Article 4. Posts
housing
1. The programs of public housing or subsidized special agreement, made under the existing legislation in the region, provide a reserve equal to 20 per cent of housing to be implemented for allocating undivided property in compliance with the decree of the President of the Republic 30 December 1972 No 1035 and subsequent amendments and additions to the couples wishing to marry or who have contracted in the three previous years. The housing allocation is conditional on the actual marriage ceremony.
2. The Boards of housing allocation, under the laws in force in the region, in order to speed up procedures following the issue of notice, carry out the verification requirements, which calls for them, only for the recipients as a result of the ranking compiled by the municipalities on the basis only of self-certifications.
3. 20 percent of the shares of stock identified under paragraph 1 shall be for a single-parent families with at least one minor child living with and for women who can submit the application during pregnancy.
4. By decree of President of the Region, adopted on the suggestion of the family, social policies and local governments, in consultation with the Councillor for Public Works, within ninety days after the entry into force of this Act shall be determined in the manner of compiling lists of referred to in paragraph 3 on the basis of the following parameters:
a) level of income of the household;
b) family burden;
c) the establishment or maintenance of residence in municipalities located in the smaller islands.
5. A claim on the funds referred to in Article 46, paragraph 2, of Law December 27, 2002, No 289, the Assessor for the family, social policies and local autonomy is allowed to intervene on behalf of families of new constitution for the total cut of interest on loans to purchase their first home by fifteen-year commitment limit of 2,000 thousand euro from the financial year 2003. By decree of the same Assessor will determine the criteria and parameters for the identification of beneficiaries. In the parameters it takes, however, considered the provisions of the letters a) and b) of Section 4, and age of family members of the new constitution.
Article 5.
Interventions for the support and promotion of responsible parenthood
1. E 'equally obliged to counseling public and private arrangement to ensure the implementation of information programs and training regarding procreation, aimed at homogeneous groups of the population.
2. Under these programs are offered personal advice and support arrangements that guarantee the freedom of choice bearers in accordance with the ethical beliefs and psycho-physical integrity of persons.
3. The measures envisaged are aimed, in particular:
a) promote the prevention and removal of the causes that may lead the mother to the pregnancy;
b) prevent the causes of potential damage factors for the unborn child;
c) interventions to ensure the prevention and cure of spontaneous abortion;
d) to prepare and organize, for the family who requires a personalized plan for psychological support, social welfare and health using integrated paths suitable to enhance the role of associations of family solidarity;
e) provide programs and perform all actions relating to custody and family ' adoption, intended as an exercise of responsible parenthood;
f) provide legal and educational assistance for spouses wishing to enter the adoption or custody;
g) provide educational assistance to families whose state of poverty and educational marginalization constitutes a hazard to children.
Article 6.
Protection of maternity and for new life
1. The Region of maternity protection and supports the right to life from conception by promoting actions to:
a) to prevent the difficulties that may lead to the interruption of pregnancy with economic aid or providing hospitality to the mother in family homes or accommodation;
b) ensure the continuity of the beginning of pregnancy through lactation;
c) to foster a new relationship between women in labor and social-health institutions, to childbirth and the puerperium are experienced as natural events;
d) ensuring the child, in the hospital, the continuity of the family relationship of affection.
2. Companies hospitals and local health units companies organize courses of antenatal women in order to provide appropriate information on pregnancy, in its psycho-physical, parturition and lactation.
3. The Councillor for Health sets out a program involving:
a) the defense of pregnant women in the workplace to prevent the risk of exposure to toxic substances, ionizing radiation or pressure changes;
b) assistance during pregnancy , a scheduled basis, for the early detection of high risk cases;
c) the provision of service delivery at home for pregnant women who request them if they are guaranteed conditions health and hygiene of absolute safety for the mother and the unborn child.
4. On the basis of programs of structural reorganization of the maternity wards, businesses and local health authorities hospitals offers:
a) delivery rooms equipped with all necessary equipment to ensure the event and the birth of the greatest serenity and natural childbirth;
b) Individual spaces for labor and childbirth tend to reproduce the situation at home and ensure the continuous presence of both parents;
c) adjacent to the neonatal department of pathology departments of nursing;
d) a room to be assigned to information and socialization experiences.
5. In order to ensure and promote the reduction and overcoming the economic obstacles to procreation for poorer households, the Assessor for the family, social policies and local autonomy is authorized to grant a bonus of € 1,000 for each child, based on Income predetermined parameters and in accordance with delegated responsibilities for the State to local governments.
Section 7. Competition
costs for international adoptions
1. The Councillor for the family, social policies and local autonomy is authorized to grant subsidies of up to 50 per cent of the costs incurred by the adoptive family to carry out the procedures for international adoption.
2. By decree to be issued within 120 days after entry into force of this law the Councillor for the family, social policies and local governments determine the criteria and modalities of implementation of cost-sharing referred to in paragraph 1.
Article 8.
Aids for family relationships and responsibilities educational
1. In order to ensure a comprehensive approach to the needs expressed by the help of family, both in terms of the harmony of family relationships that the taking of parental responsibilities, the Department of family, social policies and local autonomy is allowed to grant, in favor of the health service clinics, private funding arrangement, educational institutions and associations of family solidarity specially accredited contributions to the revival of social and educational interventions complementary to health services and social relief already provided by health clinics under the same regional law July 24, 1978, No 21 and subsequent amendments and additions.
2. Such interventions must include in particular:
a) provide information and training for parents with a view to deepening their educational functions;
b) promoting and organizing joint training sessions between parents and between parents and children;
c) provide information and training to be carried out in collaboration with the corporate boards of the school, aimed at updating the teachers, the comparison of education with parents and the involvement of the latter in laboratory activities organized by schools;
d) support the assumption of parental responsibilities through education programs with individualized the possible support of qualified personnel made available by public entities;
e) assistance of family mediation in cases of serious interpersonal difficulties in a relationship;
f) legal advice on family law for separations, adoptions, foster care, issues assets.
3. By decree of the Family, policies social and local governments, adopted within thirty days of approval of the budget are set out criteria and procedures for the disbursement of grants under this article by providing also the priorities for action.
Article 9.
Shelters
1. The State make contributions to cover the costs of original equipment for women's groups that organize shelters for women victims of abuse in the family and their minor children, or at risk of physical or psychic.
2. The shelters are run by women and to provide day care and / or the night of women and their children in homes where the home is kept confidential and possibly away from the place of residence for a maximum period of one year.
3. The centers provide legal and psychological assistance to women and their children and encourage the re-employment, social and education for victims of abuse and their minor children.
4. By decree of the family, social policies and local governments are determined implementation of the measures referred to in this article.
Article 10. Good health and care
1. The Department of the family, social policies and local autonomy is authorized to promote, including through the municipalities to be innovative and experimental work in the social-health be realized through the award, based on predetermined levels of income, disbursements of good socio-denominated financial health, to be paid with a recurrent, as an alternative to the provision of residential nature may be due, under existing legislation, to the families which include within their frail elderly or severely disabled.
2. The voucher can be also used by the family for the purchase of social care services at home in nature, in favor of the same person referred to in paragraph 1, offered by institutions or organizations, nonprofit, accredited according to instruments and modalities to allow free choice of the user within a range of services certain due to the condition that the user, as well as a practical and effective verification in relation to the nature of the services required by the same family, the appropriateness of the intervention, the quality of the behavior of the regulator and individuals.
3. The bonus amount can not, in any event exceed each of the subjects, the dependent elderly or severely disabled, the amount of the accompanying pre-determined by the current legal framework.
4. By decree of President of the Region, adopted at the suggestion of the family, social policies and local autonomy, within one hundred twenty days after the entry into force of this law, are determined the levels of total income of the household, the procedures for access to good and for its use in implementation of the provisions of paragraphs 1 and 2, and the system of accreditation bodies which offer together with the verification tools and control.
Article 11.
Mothers Day
1. The "mother of day" means a qualifying home with expertise, gained through personal experience of motherhood, or through appropriate learning experiences that assist during the day and help to educate and provide maternal care and family in their home, one or more children from other families in age from kindergarten nest.
2. The associations of family solidarity, except those formed under the regional law June 7, 1994, No And 22 private institutions of social non-profit organization who have had experience of parenting support may encourage the experience of mothers during the day, provide them with the necessary training or supplement those already held, to assist the administrative and technical staff, ensure the continuity of power in charge of the child in case of illness or inability to provide the necessary expertise in the field of educational psychology, assume the obligations arising from insurance coverage for civil liability towards third parties and ensuring the supply of capital goods or consumption necessary to performance of the service.
3. The mother of day it operates without receiving any compensation from the families of people who pay the associations and organizations referred to in paragraph 2 a fee for the service they receive certain extent to allow the recovery of costs necessary for its maintenance.
4. The municipalities may provide for families, according to income levels and predetermined criteria for the award, vouchers spendable at the associations and entities referred to in paragraph 2, accredited by The administration by concluding a special agreement. Accreditation is carried out for all the associations and entities referred to in paragraph 2 with the requirements of this Act.
5. The conventions referred to in paragraph 4, include:
a) the determination of the fee for the service received in accordance with the provisions but with the 3;
b) the procedures and modalities of integration of public services to children, the social services and services for mothers day;
c) the minimum standards of training or experience qualifying for the performance of the service by the mother during the day;
d) procedures for periodic checks on the quality of service.
Article 12.
Training and information
1. The Region, as part of vocational training within its remit and preferably with the participation of municipalities and provinces, promotes, organizes and finances:
a) priority to programs for women with regard to updating and retraining to facilitate the reintegration into employment of the person absent from work for reasons maternity or care of a household member;
b) training for the handicapped;
c) training and retraining for the operators of social and educational services and social assistance involved in the implementation of this law .
2. The Region recognizes and subsidizes the family services provided by public and private accredited to carry out information and training in marriage and family life and personal and social value of motherhood and fatherhood. Family clinics authorized public and private training programs for young people realize the future role of spouses and parents, as well as training and information programs on responsible parenthood, aimed at homogeneous groups of the population. Under these programs are offered ways to support and customized consultancy, guaranteeing freedom of procreative choice, respecting the professional conduct of operators and ethical beliefs and physical or mental integrity of persons. Under these programs is also given adequate information on Women's rights in pregnancy and health and social services and assistance available in the area for the child and protection of their rights.
Article 13.
psycho-physical balance protection of children in health facilities
1. In order to ensure balance and mental well-being of children, public and private healthcare facilities to ensure agreement of the Region, both in the organizational arrangements of stay, and in the implementation of diagnostic and therapeutic interventions, respect for the emotional needs, cognitive and expressive age of the child, facilitating the continuity of the relationship with the family, and for school-age children, with the class attended.
2. To achieve the objectives referred to in paragraph 1, all children's wards are identified organizational procedures designed to ensure that:
a) access and permanence of the parents, or person of their choice related to the child emotionally, throughout twenty-four hour period, allowing the rest to the next child and providing a fee, access to the hospital cafeteria;
b) the presence of parents, or person of their choice during the medical department at the time of the levies for laboratory tests, medications and other therapeutic activities, provided specific contraindications sanitation will not prevent;
c) the activity fun-expressive child with the target of a room in the department to a games room with what is necessary to leisure and to take all reasonable steps to reproduce the ordinary conditions of life in hospital.
3. The doctors and nurses of the department are required to provide parents with all the information about the nature and course of illness, the medical services the child will be subject and the timing of implementation and to foster a trusting relationship with the child; To this end, the health department of the hospital provides training for the staff involved in pediatric wards.
4. In every department of pediatrics and ensure the presence of a psychologist who provides care for children and parents in dealing with the experience of hospitalization.
5. The provisions of the preceding paragraphs, as applicable, also apply to outpatient and day hospital activities of all public and private healthcare facilities agreement.
Article 14.
scheduling, service planning and time banks
1. In order to facilitate the tasks of care and family support, harmonizing the operation of local services with the overall needs of their family living, the Department of family, social policies and promote local autonomy, subject to the regulatory responsibilities and programming of local, initiatives Study and planning of the municipalities aimed at encouraging the establishment of time banks, and the coordination of schedules and methods of operation of businesses, public services, educational institutions and the public school and the opening of branch offices of government public. For "time banks" are forms of organization through which people willing to offer free of their time to care activities, care and support are put in relation to individuals or families in need through the association of family solidarity.
2. The Department of the family, social policies and promote local autonomy, also experimental efforts for the conclusion of agreements between business and labor organizations that provide forms of joint activities aimed at balancing work and life schedules work times, including in implementation of Law March 8, 2000, No 53.
3. The Department of the family, social policies and local autonomy is authorized to grant to municipalities a grant equal to 50 percent, and in an amount not exceeding the € 25,000 of the costs to be incurred in the performance of the tasks of the study and planning referred to in paragraph 1.
4. Within sixty days after the entry into force of the law of the Councillor budget for the family, social policies and local governments to establish criteria and procedures for the provision of contributions referred to in paragraph 3, including providing the main priorities of assistance for the time banks already in existence and ensure the establishment of a regional office for the time banks.
Article 15.
Doors for the family
1. The municipalities, individuals and associations, activists, within the resources allocated by the socio-welfare, special counters for the family, ensuring support activities to facilitate awareness of the rules and measures at national, regional and local policies family and access to services aimed at families.
2. The entities referred to in paragraph 1, in collaboration with the Region, identify forms of coordination between the doors for the family and to the regional, provincial, municipal, local health units of companies and other entities engaged in public interest to families in order to provide overall support to the family.
3. The forms of coordination referred to in paragraph 2 shall be determined by resolution of the Regional Council, after hearing the relevant legislative committees of the Regional Assembly.
Article 16.
Recognition and enhancement of family solidarity associations
1. In implementing the principle of subsidiarity, the State recognizes and promotes the association of family solidarity directed to:
a) to promote and enable experiences of social self-organization of families
b) to promote and manage experiences of support and enhancement of the family;
c) to encourage self-help in domestic work and activity of caring for children through their mothers during the day and time banks.
2. For the purposes of paragraph 1 shall be established at the Department of family, social policies and a registry of local regional associations of family solidarity that is accessed associations that, in addition to compliance with the statutory requirements of Article 3 the Law of 7 December 2000, n. 383 for the associations of social promotion, to ensure the achievement of the objectives referred to in paragraph 1.
3. The associations of family solidarity in the Register may enter into regional agreements under Article 11, participate through their representatives in the manner prescribed by the acts of regional programming on social welfare and social services, planning and management services, eligible for free loan through the use of movable or immovable property abandoned property in the region, local authorities, businesses and local health authorities of any other body referred to in Article 1, paragraph 1, of Law May 15 2000, no 10.
4. By decree of the family, social policies and local autonomy, to be taken within one hundred days after the entry into force of this Act, shall be regulated the way of keeping records, as well as subscribe and unsubscribe from it.
Article 17.
Studies, research, monitoring and dissemination
1. In order to allow a permanent implementation of regional policies, social welfare and social health, as part of a growing level of integration and quality of regional and local welfare system, the Department of family, social and political autonomy premises is authorized to finance studies, research, monitoring and communication activities relating to disclosure or social analysis, socio-economic, socio-cultural context and statistical regional development of innovative models of management services or interventions, the development and use of systems to monitor and detect the quality produced and perceived, the impact of policies, promotion and dissemination of issues related anyway the social protection system.
2. For the purposes of paragraph 1, the Department of family and social policies of local conclude directly contracts with individual consultants with proven skills, with organizations and public or private institutions operating in the non-profit sectors.
Article 18.
Permanent Observatory on families
1. E 'created under the Department of Family Social Policy and the Permanent Observatory of local families, hereinafter referred to as the Centre.
2. The Observatory, in particular:
a) studies and analyzes the situations of distress, deviance, violence, single parents, and the relationship between family responsibilities, work commitments and access to socio-educational or social services;
b) Currency the effectiveness of interventions in favor of families made by the Region, local authorities, other bodies, public and private groups and associations;
c) submit to the regional bodies on policy proposals to support the family;
d) issue opinions on the measures concerning instruments of regional health and social programming with an interest for the family.
3. The composition of the Centre is determined by the Department of family and social policies of local governments, which ensures the presence of officials of the assessor of leaders of regional structures directly concerned and experts drawn from academics, representatives of associations family solidarity, representatives of associations of municipalities and provinces.
4. The Observatory for the performance of their duties, we utilize the facilities of regional research and analysis. The Centre, after a special agreement, it can also make use of specialized bodies and institutions university.
Article 19. Financial provision
1. For the purposes of Articles 6, 7, 8, 9, 10, 14, 17 and 18 is authorized for each of fiscal years 2003, 2004 and 2005 the total expenditure of € 1,400 thousand, divided as follows:
( thousands of euro) 2003 2004 2005
Art Art
6200200200 7200200200 8100100100
Art Art Art
9,200,200,200 10,300,300,300
Art Art
14,200,200,200 17,100,100,100 18,100,100,100
Art
2. The cost referred to in paragraph 1, for the financial year 2003, the judge shall availability of the UPB 4.2.1.5.2, section 215704, provision 1001. For each of fiscal years 2004 and 2005, spending as measured in € 1,400 thousand, is reflected in the multiyear budget of the Region, 4.2.1.5.2 UPB, code 120201, provision 1001.
3. For the purposes of Article 3, paragraph 1, the limit is authorized five-year commitment of 600 thousand euro for the financial year 2003 and the five-year limit commitment of € 2,000 thousand for each of fiscal years 2004 and 2005. The cost for the financial year 2003, estimated at 600 thousand euro, is provided with part of the available UPB 4.2.1.5.2, section 215704, provision 1001. For the financial years 2004 and 2005, expenditure, valued respectively at 2,600 and 4,600 thousand euro, is reflected in the multiyear budget of the Region, 4.2.1.5.2 UPB, code 120201, provision 1001.
4. The measures envisaged in Articles 7 and 14 are activated within the limits of expenditure authorized by paragraph 1 of this article.
Article 20.
1. This law shall be published in the Official Gazette of the Sicilian Region.
2. E 'is mandatory for all to observe and enforce it as law in the region.
Palermo, July 31, 2003.
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