The maternal assistant is the natural person, certified under the conditions of Government Ordinance no. 27/2024, employed by the General Directorate of Social Assistance and Child Protection, who provides in his/her own home or, as the case may be, at his/her 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 his/her parents or, as the case may be, during the respite period of another maternal assistant.

A person who cumulatively meets the following conditions can be certified as a maternal assistant:

1. has reached the age of 21;
2. has graduated from vocational or high school education;
3. by his or her behavior in society and psychological profile, provides moral guarantees regarding the upbringing, care, and education of children;
4. the spouse and children over the age of 14 who have the same domicile/residence as the applicant express their consent regarding the acceptance of a child/children into the family;
5. has at his/her disposal a dwelling that adequately covers the needs of food preparation, hygiene, education, and rest for its users, including the child/children who are to be received in placement and for whom an individualized space for rest and doing homework can be ensured;

6. has domicile or, as the case may be, 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;

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

A person who finds himself/herself in the following situations cannot be a maternal assistant:

1. has been convicted by a final court decision for committing, intentionally, an offense against the person, against the authorities, against the administration of justice, for corruption and service offenses, as well as for drug trafficking offenses, regarding the regime of doping substances, carrying out illegal operations with precursors or other products likely to have psychoactive effects, or is registered with mentions in the automated national register regarding persons who have committed sexual offenses, exploitation of persons or minors;
2. has family members who are over 14 years old or other people living together with him/her who have been convicted by a final court decision for committing, intentionally, an offense against the person, against the authorities, against the administration of justice, for corruption and service offenses, as well as for drug trafficking offenses, regarding the regime of doping substances, carrying out illegal operations with precursors or other products likely to have psychoactive effects, or is registered with mentions in the automated national register regarding persons who have committed sexual offenses, exploitation of persons or minors;
3. has exceeded the standard retirement age provided by Law no. 360/2023 on the public pension system;
4. the parent deprived of parental rights by a final court decision or has been prohibited from exercising parental rights as an additional penalty;
5. has had or, as the case may be, has one or more biological children in the special protection system;
6. has a history of violence for which a provisional protection order/protection order has been issued, or has in the family members or adults living together for whom such orders have been issued;
7. has consented to the adoption of his/her own child, except in the case where the child was adopted by the spouse;
8. suffers from mental illnesses, is addicted to alcohol, drugs, or other psychotropic substances, confirmed by medical certificates issued by a specialist doctor, or has family members suffering from mental illnesses or the addictions previously mentioned;
9. suffers from communicable diseases or has family members suffering from communicable diseases that may endanger the health of the child/children.