Procedure for Certification of Maternal Assistants DGASPC Bacau*
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The professional foster carer is the natural person, certified according to the law, who provides, through the activity carried out at their home, the upbringing, care, and education necessary for the harmonious development of the children placed in their foster care.
A person can be certified as a foster carer if they cumulatively meet the following conditions:
a) has reached the age of 21;
b) has graduated from professional or high school education;
c) through their behavior in society and psychological profile, provides moral guarantees regarding the upbringing, care, and education of children;
d) the person and their spouse present emotional availability in relationships with children, confirmed following psychological assessment;
e) the spouse and children who have reached the age of 14 and who have the same residence or, as appropriate, the same address as the applicant, express their agreement regarding the reception of a child/children into the family;
f) has residence or, as appropriate, domicile in a locality with access to educational, medical services for the child/children to be received in foster care and, as appropriate, habilitation/rehabilitation services for children with disabilities;
g) has the right of use over a dwelling that adequately covers the needs for food preparation, hygiene, education, and rest of its occupants, including those of the child/children to be received in foster care and for whom an individualized space for rest and homework can be ensured;
h) at least one of the adult members of the family earns income, except for the applicant if they live with one or more members.
A person in the following situations cannot be a foster carer:
a) has exceeded the standard retirement age stipulated by Law no.360/2023 regarding the public pension system;
b) has been convicted by a final judicial decision for intentionally committing an offense against the person, against authority, against the pursuit of justice, corruption and service offenses, as well as offenses related to drug trafficking, substances subject to doping regulations, illegal operations with precursors or other products likely to have psychoactive effects, or is listed with notes in the National Automated Registry regarding persons who have committed sexual offenses, exploitation of persons, or offenses against minors;
c) has family members who have reached the age of 14 or other persons living together with them, who have been convicted by a final judicial decision for an offense from the category listed in item b) or are listed with notes in the National Automated Registry regarding persons who have committed sexual offenses, exploitation of persons, or offenses against minors;
d) has been deprived of parental rights by a final judicial decision or has been forbidden the exercise of parental rights as a complementary punishment;
e) suffers from communicable diseases, which could endanger the child's health;
f) has in the family members or other adult persons living with them, who suffer from communicable diseases, which could endanger the child's health;
g) has a history of violence for which a provisional protection order or, as appropriate, a protection order has been issued, according to the provisions of Law no.217/2003 for preventing and combating domestic violence, republished, with subsequent amendments and completions, or according to the provisions of Law no.26/2024 regarding the protection order, or has in the family members or other adult persons living with them for whom such orders have been issued;
h) has had or, as appropriate, has one or more biological children in the special protection system;
i) has consented to the adoption of their own child, except in situations where the child was adopted by the spouse;
j) suffers from mental illnesses, is dependent on alcohol, drugs, or other psychotropic substances, confirmed by medical certificates issued by a specialist doctor;
k) has in the family members or other adult persons living with them who suffer from mental illnesses, are dependent on alcohol, drugs, or other psychotropic substances, confirmed by medical certificates issued by a specialist doctor;
l) had their foster carer certificate withdrawn, except in cases where it was withdrawn at their request.
The person who wishes to become a foster carer submits an evaluation request to the directorate in the county where they have their residence or, as appropriate, domicile. The request must obligatorily mention the number of children for whom the applicant believes they can simultaneously ensure optimal conditions for upbringing, care, and education, namely one or two children, age group, willingness to care for sibling groups, children with disabilities, as well as willingness to take children in emergency regime or during the respite period of another foster carer. The following documents must be attached to the evaluation request:
a) the applicant's curriculum vitae;
b) a copy, certified by the directorate or, as appropriate, by the applicant, of the ID card, long-term residence permit, or, as appropriate, permanent residence card of the applicant, and, as appropriate, of each person living with them;
c) a copy, certified by the directorate or, as appropriate, by the applicant, of the birth certificate of the applicant and, as appropriate, of each person living with them;
d) a copy, certified by the directorate or, as appropriate, by the applicant, of the marriage certificate or the divorce decision/divorce certificate, if applicable;
e) a copy, certified by the directorate or, as appropriate, by the applicant, of their educational diploma;
f) a copy, certified by the directorate or, as appropriate, by the applicant, of the title deed or any other document certifying the right of use of the dwelling;
g) the judicial criminal record certificate of the applicant and, as appropriate, of each person who has reached the age of 14 living with them;
h) the behavioral integrity certificate of the applicant and, as appropriate, of each adult living with them, obtained according to art.16 of Law no.118/2019 concerning the National Automated Registry for persons who have committed sexual offenses, exploitation of persons or offenses against minors, as well as for completing Law no.76/2008 concerning the organization and operation of the National System for Judicial Genetic Data, with subsequent amendments;
i) income certificate or other documents certifying the applicant's income or, as appropriate, 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 status, indicating they do not suffer from communicable diseases, and, as appropriate, of each adult living with them;
k) medical certificate issued by a specialist doctor indicating that the applicant or, as appropriate, the adults living with them do not suffer from mental illnesses;
l) authentic declaration under their own responsibility showing that the applicant is not in one of the situations provided in art.4 item d), h), i) and l);
m) recommendations from neighbors, relatives of the applicant, other members of the community/people from their social circle or, as appropriate, from representatives of local public administration authorities, regarding the social behavior of the applicant and, as appropriate, of the family members living with them.
The expenses necessary to obtain all documents accompanying the evaluation request are borne by the applicant.
The evaluation request is resolved within 90 calendar days from the date of registration with the directorate.
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The person who considers themselves aggrieved by the response received from D.G.A.S.P.C. Bacau may appeal to the administrative court under Law no. 554/2004.
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