Procedure description

The maternal assistant is the individual, certified under the conditions of Government Ordinance no. 27/01.08.2024, employed by the general directorate of social assistance and child protection, who provides at their own home or, as the case may be, at their residence, the upbringing, care, and education of the child during the period of application of the special protection measure of placement, 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.

The person who cumulatively meets the following conditions may be certified as a maternal assistant:
a) has reached the age of 21;
b) has graduated from vocational 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 evaluation;
e) the spouse and children who have reached the age of 14 and who have the same domicile or, as the case may be, the same residence as the applicant express their consent regarding receiving a child/children into the family;
f) has a domicile or, as the case may be, a residence in a locality with access to educational and medical services for the child/children to be received in placement and, as the case may be, to habilitation/rehabilitation services for the child with disabilities;
g) has usage rights over a dwelling that appropriately covers the needs for food preparation, hygiene, education, and rest of its users, including those of the child/children to be received in placement and for whom an individualized space for rest and doing homework can be ensured;
h) at least one of the adult family members has income, except for the applicant, if he/she lives with one or more members.

The following persons cannot be maternal assistants:
a) has exceeded the standard retirement age provided by Law no. 360/2023 concerning the public pension system;
b) has been convicted by a final court decision, for intentionally committing an offense against the person, against the authority, against the administration of justice, corruption, and service offenses, as well as for drug trafficking offenses, concerning the regime of doping substances, for carrying out illegal operations with precursors or other products likely to have psychoactive effects, or is registered with mentions in the National Automated Register 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 who live with them, who have been convicted by a final court decision for an offense from those provided in letter b) or are registered with mentions in the National Automated Register regarding persons who have committed sexual offenses, exploitation of persons, or offenses against minors;
d) has lost parental rights by final court decision or has had the exercise of parental rights prohibited as a complementary punishment;
e) suffers from communicable diseases that could endanger the child's health;
f) has family members or other adults living with them who suffer from communicable diseases that could endanger the child's health;
g) has a history of violence for which a provisional protection order or, as the case may be, a protection order has been issued, in accordance with 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 family members or other adults living with them for whom the mentioned orders have been issued;
h) has had or, as the case may be, has one or more biological children in the special protection system;
i) has consented to the adoption of their own child, except in cases where the child was adopted by their spouse;
j) suffers from psychiatric illnesses, is addicted to alcohol, drugs or other psychotropic substances, confirmed by medical certificates issued by a specialist doctor;
k) has family members or other adults living with them who suffer from psychiatric illnesses, are addicted to alcohol, drugs or other psychotropic substances, confirmed by medical certificates issued by a specialist doctor;
l) has had the maternal assistant certificate withdrawn, except in situations where the certificate was withdrawn at their request.

Persons domiciled in Harghita County who are interested in becoming a maternal assistant shall submit an evaluation request for their capacity to become a maternal assistant to the headquarters of the General Directorate of Social Assistance and Child Protection.
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The application must mandatorily state the number of children for whom the applicant believes they can simultaneously provide optimal conditions for upbringing, care, and education—either one or two children—the age group, the availability to care for sibling groups, children with disabilities, as well as the availability to take on children in an emergency placement or during the respite period of another maternal assistant.
The following documents must be obligatorily attached to the evaluation request:
a) the applicant’s curriculum vitae;
b) a copy, certified by the directorate, of the applicant’s identity card/ID card, long-term residence permit, or, as the case may be, permanent residence card, and, as the case may be, of each person living with the applicant;
c) a copy, certified by the directorate, of the applicant’s birth certificate, and, as the case may be, of each person living with the applicant;
d) a copy, certified by the directorate, of the marriage certificate or divorce decision/divorce certificate, if applicable;
e) a copy, certified by the directorate, of their diploma;
f) a copy, certified by the directorate, of the ownership title or any other document attesting the right to use the dwelling;
g) the criminal record certificate of the applicant and, as the case may be, of each person who has reached the age of 14 and lives with them;
h) the applicant’s behavioral integrity certificate and, as the case may be, of each adult living with them, obtained under the conditions of art. 16 of Law no. 118/2019 regarding the National Automated Register of persons who have committed sexual offenses, exploitation of persons, or offenses against minors, as well as for the amendment of Law no. 76/2008 regarding the organization and functioning of the National Judicial Genetic Data System, as amended;
i) proof of income or other documents attesting the income of the applicant or, as the case may be, of at least one of the adult family members living with them;
j) a medical certificate issued by the family doctor regarding the health status of the applicant, stating that they do not suffer from communicable diseases, and, as the case may be, of each adult living with them;
k) a medical certificate issued by a specialist stating that the applicant or, as the case may be, the adults living with them do not suffer from psychiatric illnesses;
l) a notarized affidavit stating that the applicant is not in one of the situations provided for in art. 4 letters d), h), i), and l) of Government Ordinance no. 27/01.08.2024;
m) recommendations from the applicant’s neighbors, relatives, other members of the community/social circle, or, as the case may be, from representatives of local public administration authorities regarding the social behavior of the applicant and, as the case may be, of the family members living with them.
The costs necessary to obtain all the documents accompanying the evaluation request are borne by the applicant.

The evaluation request shall be resolved within 90 calendar days from the date of registration with the directorate.

The evaluation requested by the application is carried out by a team within the directorate consisting of a psychologist and a social worker, the latter usually being responsible for drawing up the final report, and includes the following stages:
a) social evaluation;
b) psychological evaluation.
After social and psychological evaluation, in preparation for the activity of being a maternal assistant, the applicant participates in training courses. Training courses are not taken by applicants who are graduates of university studies in social work, psychology, or educational sciences.
After completing the evaluation steps and preparation for the activity of being a maternal assistant, the members of the evaluation team draft the final report on the capacity to care for, raise, and educate a child or, as the case may be, several children.
The applicant who has received the report with a proposal to issue the certificate submits to the directorate a request addressed to the child protection committee for the issuance of the maternal assistant certificate, which is resolved within 30 calendar days from the date of registration with the directorate.
The child protection committee, after analyzing the final report presented by one of the evaluation team members and hearing the applicant, decides by a reasoned decision regarding the approval or, as the case may be, the rejection of the request to issue the maternal assistant certificate.

The maternal assistant certificate is an annex to the decision of the child protection committee.
The maternal assistant certificate is issued for an indefinite period and is reviewed every two years based on an evaluation carried out by a team consisting of a social worker and psychologist.

Appeal routes

A person who considers themselves prejudiced by the response received from DGASPC Harghita may address an administrative court under Law no. 54/2004.

Contact details

Miercurea Ciuc, str. Libertății, nr. 5, County: Harghita, Postal code: 530140

Phone: 0266207769 ; 0733553068

Fax: 0266/207754

​E-mail: office@dgaspchr.ro
Website: www.dgaspchr.ro

Links registry

Responsible institution

General Directorate of Social Assistance and Child Protection Harghita,

Harghita county

Service provision method

National

Resolution time

90 calendar days

Archival period

30 years

Application file completion deadline

15 calendar days

Notification upon expiration of resolution period

15 calendar days

Required documents

Final documents

Normative acts