The professional foster assistant is the natural person, certified according to the law, who, through their activity carried out at their home, ensures the upbringing, care, and education necessary for the harmonious development of the children they receive in foster care.

A person can be certified as a foster assistant if they cumulatively meet the following conditions:

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, they present 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 a psychological evaluation;

e) the spouse and children who have reached the age of 14 and who have the same domicile or, as applicable, the same residence as the applicant, express their consent regarding the acceptance into the family of a child/children;

f) has domicile or, as applicable, residence in a locality with access to educational, medical services for the child/children to be received in foster care and, as applicable, habilitation/rehabilitation services for the child with disabilities;

g) has the right of use over a home that appropriately meets the needs for food preparation, hygiene, education, and rest for its users, 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 has income, excepting the applicant if they live with one or more members.

A person cannot be a foster assistant if they are in the following situations:

a) has exceeded the standard retirement age provided by Law no.360/2023 regarding the public pension system;

b) has been convicted by a final court decision for intentionally committing a crime against a person, against authority, against the administration of justice, corruption and service, as well as for drug trafficking, regarding the regime of doping substances, for conducting illegal operations with precursors or other products likely to have psychoactive effects or is registered with notes in the National Automated Registry regarding persons who have committed sexual offenses, exploitation of persons or minors;

c) has family members who have reached the age of 14 or other persons living with them who have been convicted by a final court decision for an offense from the category provided at letter b) or are registered with notes in the National Automated Registry regarding persons who have committed sexual offenses, exploitation of persons or minors;

d) has been deprived of parental rights by a final court decision or has had their exercise of parental rights prohibited as a supplementary penalty;

e) suffers from communicable diseases that could endanger the health of the child;

f) has family members or other adult persons living with them who suffer from communicable diseases that could endanger the health of the child;

g) has a history of violence for which a provisional protection order or, as applicable, a protection order has been issued, according to the provisions of Law no.217/2003 for the prevention and combating of domestic violence, republished, with subsequent amendments and additions, or according to the provisions of Law no.26/2024 regarding the protection order, or has adult family members or other persons living with them for whom the aforementioned orders have been issued;

h) has had or, as applicable, has one or more natural 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 addicted to alcohol, drugs or other psychotropic substances, confirmed by medical certificates issued by a specialist doctor;

k) has family members or other adult persons living with them who suffer from mental illnesses, are addicted to alcohol, drugs or other psychotropic substances, confirmed by medical certificates issued by a specialist doctor;

l) has had the foster assistant certificate withdrawn, except in cases where the certificate was withdrawn at their request.

The person who wishes to become a foster assistant addresses an evaluation request to the local authority in the county where they have their domicile or, as applicable, residence. In the request, it is mandatory to mention the number of children for whom the applicant considers they can simultaneously ensure optimal conditions for upbringing, care, and education, namely one or two children, age group, availability to care for sibling groups, children with disabilities, as well as availability to take in children in emergency situations or during the respite period of another foster assistant. The following documents must be mandatorily attached to the evaluation request:

a) curriculum vitae of the applicant;

b) a copy, certified by the authority or, as applicable, by the applicant, of the identity card, long-term residence permit or, as applicable, permanent residence card of the applicant and, as applicable, of each person living with them;

c) a copy, certified by the authority or, as applicable, by the applicant, of the birth certificate of the applicant and, as applicable, of each person living with them;

d) a copy, certified by the authority or, as applicable, by the applicant, of the marriage certificate or divorce decision/divorce certificate, if applicable;

e) a copy, certified by the authority or, as applicable, by the applicant, of their diploma;

f) a copy, certified by the authority or, as applicable, by the applicant, of the property title or any other document attesting the right of use of the home;

g) the criminal record certificate of the applicant and, as applicable, of each person aged 14 or older living with them;

h) the behavioral integrity certificate of the applicant and, as applicable, of each adult living with them, obtained under the conditions of art.16 of Law no.118/2019 regarding the National Automated Registry of persons who have committed sexual offenses, exploitation of persons or minors, as well as for amending Law no.76/2008 regarding the organization and operation of the National System of Judicial Genetic Data, with subsequent amendments;

i) income certificate or other documents attesting the applicant's income or, as applicable, 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, specifying that they do not suffer from communicable diseases, and, as applicable, of each adult living with them;

k) medical certificate issued by a specialist doctor stating that the applicant or, as applicable, the adult persons living with them do not suffer from mental illnesses;

l) authenticated declaration on their own responsibility indicating that the applicant is not in one of the situations provided for in art.4 letter d), h), i), and l);

m) recommendations from neighbors, relatives of the applicant, other community members/persons in their social circle or, as applicable, representatives of local public administration authorities, regarding the social behavior of the applicant and, as applicable, of the family members living with them.

The expenses required 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 authority.