The accreditation procedure for social services is carried out under the conditions of Law no. 197/2012 on ensuring quality in the field of social services, as subsequently amended, and is provided in Government Decision no. 118/2014 for the approval of the Methodological Norms for the application of the provisions of Law no. 197/2012, as subsequently amended and supplemented, chapter II, section 2 - Accreditation of social services. Licensing of social services is carried out under the following situations: a) initial licensing (when the provider requests licensing for the first time or in the event that they request licensing after its withdrawal) and b) obtaining a new operating license (re-licensing), in the case of social services for which the licensing period expires. The present procedure describes the activities of evaluation and certification of compliance with minimum quality standards by granting the initial operating license.

Licensing of social services is performed at the provider's request, for the social services defined in art. 27 para. (1) of the Social Assistance Law no. 292/2011, as subsequently amended, and which are found in the annex to Government Decision no. 867/2015 for the approval of the Nomenclature of social services, as well as the framework regulations for the organization and operation of social services.

The provider is obliged to request initial licensing or issuance of a new operating license for the social service at least 60 days before the social service becomes operational or, as the case may be, after the expiration of the operating license. In order to request licensing of social services, the provider must necessarily possess an accreditation certificate as a provider, granted under the conditions provided by Law no. 197/2012 on ensuring quality in the field of social services.

Licensing of the social service involves the following stages: a) evaluation of the social service based on minimum quality standards; b) approval or rejection of the licensing request for the social service; c) issuance of the provisional operating license/license to operate or, as the case may be, the notification of rejection of the licensing request; d) registration of the licensed social service in the Single Electronic Register of social services, updated monthly on the website of the Ministry of Labor and Social Protection.

The initial licensing of the social service involves:

a) verification of the data and information from the documents in the service accreditation file (request for accreditation of the social service - annex 7 to GD 118/2014, the self-evaluation sheet - annex 9 to GD no. 118/2014, and the supporting documents provided in art. 18 para (1) of GD no. 118/2014 as subsequently amended) submitted by the provider, based on which the provisional operating license is issued (valid for a period of maximum one year) and registered in the Single Electronic Register of social services, or, as the case may be, the decision to reject its issuance is issued;

b) carrying out, at least 3 months before the expiration date of the provisional operating license, the field verification by social inspectors of compliance with minimum standards, based on which the operating license is issued (valid for 5 years) or, as the case may be, the decision to reject its issuance. Social inspectors review the compliance with legal operating conditions and the conformity of the data presented in the supporting documents and in the self-evaluation sheet with the reality in the field.

c) in the situation where, during the field evaluation, the fulfillment of legal operating conditions, the conformity of data in the supporting documents with the field reality, and that the minimum standards are met in proportion of 75% is found, without endangering the life and safety of the beneficiary, it is proposed to maintain the provisional operating license and a term is granted to remedy the issues that led to the failure to meet the minimum standards, so that a new field evaluation visit and the recommendation to grant the operating license are carried out within the period stipulated in point a);

d) in the situation where, during the field evaluation, it is found that the legal operating conditions are not met, either by finding non-conformity of the data in the supporting documents with the reality in the field, or by finding that minimum standards are not met at least in the proportion provided in point c), contravention sanctions are applied, the provisional operating license is withdrawn, and the respective social service is removed from the Single Electronic Register of social services.

The supporting documents in the licensing file are the following:

a) the document attesting the right of administration, concession or use of the space where the social service operates, such as: land registry excerpt for information, commodatum contract, lease, concession, administration, exchange, etc.;

b) the legal document/act regarding the decision to establish the service, as the case may be;

c) the regulation for the organization and functioning of the social service, drawn up in compliance with the framework model approved by GD no. 867/2015, as subsequently amended and supplemented;

d) photographs of the spaces related to the provision of social services, at the time of the accreditation request;

e) the CV of a person qualified in the field of social assistance or in social services management;

f) a copy of the employment contract or the service provision contract concluded with the person mentioned at letter e);

g) the provider’s commitment to notify the Ministry of Labor and Social Protection or, as the case may be, institutions subordinate to it, namely the National Authority for the Rights of Persons with Disabilities, Children and Adoptions (ANPDCA), the National Agency for Equal Opportunities for Women and Men (ANES), regarding any changes related to the social service for which the operating license has been obtained, occurring after the license is granted, completed according to the template in annex no. 8, depending on the beneficiaries of the social service;

h) the emergency plan in case of withdrawal of the operating license/closure of the social service, if provided for in the applicable minimum quality standard.

Regardless of the category of beneficiaries to whom the social service is addressed, its accreditation file may be submitted electronically in non-editable format to the email address acreditare@mmuncii.gov.ro, may be submitted directly at the registry of the Ministry of Labor and Social Protection, or may be sent by post, with confirmation of receipt. The licensing request, self-evaluation sheet and supporting documents are also sent to the accreditation department’s email address, on the date of submission or postal delivery of the service accreditation file.

The resolution of social service licensing files is carried out within 60 calendar days, established from the date of registration of the service licensing request in the special register for recording social service accreditation requests. The term may be extended by max. 15 calendar days, in which case the accreditation department notifies the provider regarding the processing duration of the licensing request and the reasons for the extension, before its expiration.

The operating license is issued for a period of 5 years for all types of social services. The period of granting the provisional operating license is included in the period of granting the operating license for the respective social service. Within 30 days from the closure or dissolution, by the provider's decision, of a licensed social service, the provider is obliged to notify the Ministry of Labor and Social Protection, for the purpose of issuing the decision to terminate the validity of the operating license and for deletion of the respective social service from the Single Electronic Register of social services.

Decisions regarding rejection of service accreditation, as well as decisions regarding suspension and withdrawal of accreditation can be challenged in accordance with the Administrative Litigation Law no. 554/2004, as subsequently amended and supplemented.

The legislative framework regarding the accreditation of social service providers/accreditation of social services can be viewed on the MMPS website, by accessing the link http://www.mmuncii.ro/j33/index.php/ro/2014-domenii/familie/politici-familiale-incluziune-si-asistenta-sociala/4849.