The maternal assistant is the natural person, certified in accordance with Government Ordinance no. 27/2024, employed by the General Directorate of Social Assistance and Child Protection, who provides in their home or, as the case may be, at their residence, the raising, care, and education of the child during the application of the special placement protection measure, the emergency placement for the child separated, temporarily or permanently, from their parents or, as the case may be, during the respite period of another maternal assistant.

May be certified as a maternal assistant the person who fulfills cumulatively the following conditions:

1. has reached the age of 21;
2. has graduated from vocational or high school education;
3. by their behavior in society and psychological profile, offers moral guarantees regarding the raising, care, and education of children;
4. the spouse and children who have reached the age of 14 and who have the same home/residence as the applicant express their agreement regarding the reception into the family of a child/children;
5. has at their disposal a dwelling that adequately covers the needs of preparing food, hygiene, education, and rest of its users, including those of the child/children to be placed and for whom an individualized space can be provided for rest and homework;

6. has the home or, as the case may be, the residence in a locality with access to educational and medical services for the child/children they will receive in placement and, as the case may be, habilitation/rehabilitation services for the child with disabilities;

1. the person and the spouse present emotional availability in relationships with children, confirmed following a psychological evaluation;
2. at least one of the adult family members earns income, except for the applicant, if the latter lives with one or more members;
3. has attended the continuous professional training courses organized by the Neamț General Directorate of Social Assistance and Child Protection, based on a preparation curriculum, developed by the National Authority for the Protection of the Rights of the Child and Adoption in collaboration with representatives of the academic environment.

May not be a maternal assistant a person who is in the following situations:

1. has been convicted by a final court decision, for intentionally committing an offense against the person, against the authority, against the administration of justice, for corruption and service crimes, as well as for drug trafficking offenses, related to the regime regarding doping substances, illegal operations with precursors or other products likely to have psychoactive effects, or is registered with notes in the National Automated Register regarding persons who have committed sexual offenses, exploitation of persons or minors offenses;
2. has in the family members who have reached the age of 14 or other persons, who live together, who have been convicted by a final court decision, for intentionally committing an offense against the person, against the authority, against the administration of justice, for corruption and service crimes, as well as for drug trafficking offenses, related to the regime regarding doping substances, illegal operations with precursors or other products likely to have psychoactive effects, or is registered with notes in the National Automated Register regarding persons who have committed sexual offenses, exploitation of persons or minors offenses;
3. has exceeded the standard retirement age provided by Law no. 360/2023 regarding the public pension system;
4. parent who has been deprived of parental rights by a final court decision or has had the exercise of parental rights prohibited, as a complementary penalty;
5. has had or, as the case may be, has one or more natural children in the special protection system;
6. has a history of violence for which a provisional/official protection order has been issued, or has in the family members or adults who live with them for whom the mentioned orders have been issued;
7. has consented to the adoption of their own child, except in the case where the child was adopted by the spouse;
8. suffers from mental illnesses, is dependent on alcohol, drugs or other psychotropic substances, confirmed by medical certificates issued by the specialist doctor or has in the family members who suffer from mental illnesses or the aforementioned addictions;
9. suffers from communicable diseases or has family members who suffer from communicable diseases, which could endanger the health of the child/children.