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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II FOSTERED CHILDREN CHAPTER III FOSTERING FAMILIES CHAPTER IV FAMILY FOSTERAGE SERVICE ORGANIZATIONS CHAPTER V PERFORMANCE OF THE FOSTERAGE AGREEMENT CHAPTER VI SUPERVISION AND MANAGEMENT CHAPTER VII LIABILITIES CHAPTER VIII SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. The present measures are formulated with a view to regulating family fosterage affairs. Article 2. Family fosterage of children in the present measures refers to a mode by which the civil affairs administration entrusts competent families to foster children under its guardianship according to the specified procedure. Article 3. Family fosterage shall be beneficial to the upbringing and growing of the fostered children, so as to protect their lawful rights and interests from being infringed. CHAPTER II FOSTERED CHILDREN Article 4. The fostered children in the present measures refer to the orphans under 18 years old or the abandoned babies or children whose blood parents cannot be found, whose guardianship remains with the civil affairs administrations under the People's Government on the county level and above, and who are fostered in the qualified families entrusted by the civil affairs administrations or by family fosterage service organizations approved by the civil affairs administrations. Article 5. The fosterage family for the handicapped children shall be chosen from the communities where the medical treatment, special education and healing training conditions are available. Family fosterage shall not be arranged for the seriously handicapped children who need long-term technical attendance. Article 6. Fostering a child over ten years old shall be agreed to by the child himself. Article 7. Every fostering family may foster three children at most. CHAPTER III FOSTERING FAMILIES Article 8. The fostering families in these measures refer to the families that are entrusted by the civil affairs administrations under the People's Government on the county level and above or by the family fosterage service organizations approved by the civil affairs administrations to foster orphans under 18 years old or abandoned babies or children whose blood parents cannot be found. Article 9. The fostering family shall meet all of the following conditions: (1) It shall have the registered permanent residence and a domicile in the place where the fosterage service organization is located. The living area for each family member shall not be less than the local living level per person after the fostered child moves in; (2) It shall have steady income, and the per capita income of the family member shall be in the middle of or above the local per capita income level; (3) The family members do not have any infective or psychopathic diseases, or any other diseases that will do harm to the healthy growth of the fostered child; (4) The family members do not have criminal records or bad habits, and they live in peace with each other and with their neighbors; and (5) The major fosterer shall be not less than 30 but not more than 65 years old, with good health, corresponding ability and experience of child fostering, and education of the junior high school level (or the equal level) and above. Article 10. The fostering family must perform the following obligations during the fostering period: (1) Guaranteeing the personal safety of the fostered children; (2) Looking after the fostered children in their daily life, helping them to improve the ability of taking care of themselves; (3) Teaching the fostered children to have good moral ideas; (4) Arranging for the fostered children to receive pre-school-age education and compulsory education according to the provisions of the state, keeping in touch with the school and cooperating with the school to do well in the education of the fostered children; (5) Providing the handicapped fostered children with the correcting, curing and healing training of limbs and trunk, the deaf children with the language training, and the mentally-handicapped with the special education, or other special services; (6) Reporting regularly to the family fosterage service organizations of the growth of the fostered children; and (7) Other obligations that should be performed for the purpose of protecting the rights and interests of the fostered children CHAPTER IV FAMILY FOSTERAGE SERVICE ORGANIZATIONS Article 11. The family fosterage service organizations in the present measures refer to the social welfare organizations engaging in family fosterage, which are established with the approval of the civil affairs administrations under the People's Government on the county level and above. They are divided into two kinds: the children welfare organization and the specialized family fosterage service organization. Article 12. The family fosterage service organization shall mainly undertake the following work: (1) Formulating the family fosterage plan of its own administrative region and organizing to implement it; (2) Establishing a family fosterage network within its own administrative region and supervising its operation; (3) Arranging for trainings to the major fosterers of the fostering families and organizing fosterage experience exchange activities; (4) Providing technical services to the fostering families in their fosterage work; (5) Visiting regularly the fostered children and solving the relevant problems in time; (6) Supervising and evaluating the fosterage work of the fostering families; (7) Establishing and updating the files and documents of the fostered children and the fostering families; and (8) Reporting the family fosterage goings to the civil affairs administration on the higher levels and bringing forth the corresponding suggestions. Article 13. The family fosterage service organization must employ full-time staff members who are professionals in social work, psychology, medical healing and other relevant fields. The proportion between the staff members of the family fosterage service organizations and the fostered children shall not exceed 1:25. CHAPTER V PERFORMANCE OF THE FOSTERAGE AGREEMENT Article 14. The civil affairs administrations under the People's Government on the county level and above shall conclude a fosterage agreement with the fostering family, or they may authorize the family fosterage service organization to conclude such agreements. The fosterage agreement shall indicate the fosterage period, the rights and obligations of both parties, the major fosterer of the fostering family, etc.. Article 15. The fosterage agreement must specify a trial fosterage arrangement for the fostered children, which shall not be more than 90 days at most. Article 16. If the fostering family can not look after the fostered children in a short term for reasons specified in the agreement, the family fosterage service organization must take care of these children in this short term. The period of the short-term fosterage shall not exceed 30 days in general. Article 17. The major fosterer specified in the fosterage agreement shall not be changed casually. If the change is indeed necessary, it shall first be agreed with by the family fosterage service organization, and the major fosterer shall be changed in the column of the major fosterer in the family fosterage agreement. Article 18. If a social welfare organization is to place the fostered children for adoption, it shall inform the fostering family at the same time when the should-be-adopted children's materials are submitted. The fosterage agreement shall be cancelled automatically after the adoption registration procedure is gone through. Article 19. If the living condition of the fostering family has changed, which makes the family incapable of fostering the fostered children any longer, the fostering family shall confer with the family fosterage service organization to cancel the fosterage agreement. After this, the family fosterage service organization shall arrange another family for the fostered children. CHAPTER VI SUPERVISION AND MANAGEMENT Article 20. The civil affairs administrations under the People's Government on the county level and above shall perform the following supervision and management duties for the family fosterage work: (1) Supervising and checking the family fosterage work of its own region; (2) Checking the fosterage agreement when they are submitted for record, and supervising the performance of these agreements; (3) Supervising and evaluating the work of the family fosterage service organization; (4) Coordinating and dealing with the disagreements between the family fosterage service organization and the fostering family; and (5) Conferring with the relevant departments to solve in time the difficulties and problems in the family fosterage work. Article 21. The family fosterage across two different places must be agreed with by both of the civil affairs administrations under the People's Government on the county level and above of the two places. The responsibility to guard the fostered children shall still remain with the civil affairs administration under the People's Government on the county level of the place of the fostered children's registered permanent residence, except when both parties have otherwise agreement on it. Article 22. The expenses for the family fosterage, including the fostered children's living, medical and educational expenses, the labor service expenses of the fostering family, the working expenses of the family fosterage service organization, etc., shall be listed in the civil affairs expenses of the civil affairs administrations under the People's Government on the county level and above. The family fosterage expenses shall be earmarked for its specified purposes only, and shall not be retained for one's own use, or appropriated for other purposes. Article 23. The family fosterage service organization may attain financial support by means of cooperating with social organizations at home or abroad (within or beyond the borders), or by means of receiving donations from the society. If a family fosterage service organization cooperates with the organizations or individuals at home or abroad (within or beyond the borders) in projects related to family fosterage, it shall go through the specified procedures according to the relevant provisions. CHAPTER VII LIABILITIES Article 24. If a fostering family fails to perform the obligations specified in the present measures or settled in the fosterage agreement, the civil affairs administration under the People's Government of the county where the fostering family is inhabited shall order it to take remedial measures, and may cancel the fostering agreement when it is necessary. If the offense causes a personal injury or damage to the fostered children, the fostering family shall bear the compensation liabilities. Article 25. If a family fosterage service organization commits errors in its work, which makes the normal performance of the fosterage agreement impossible, the civil affairs administration that approved its establishment shall order it to take remedial measures. And if the circumstances are serious, the persons in charge that bear the direct responsibilities and the other persons directly responsible shall be imposed on the corresponding disciplinary punishments. If the family storage service organization is a non-enterprise organization run by the local people, the registration authority shall impose on it administrative sanctions according to law. Article 26. If a civil affairs administration under the People's Government on the county level and above fails to perform its responsibilities, the People's Government on the next higher level shall order it to take remedial measures. And if the circumstances are serious, the People's Government on the same level shall impose administrative sanctions on the persons in charge that bear the direct responsibilities and the other persons directly responsible according to law. CHAPTER VIII SUPPLEMENTARY PROVISIONS Article 27. The present measures shall become effective as of January 1, 2004. |
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