Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Act on the Support for Children and Youth in Crisis, including Family Caregiving, and matters necessary for the enforcement thereof.
Article 2(Formulation and implementation of master plans for support for children or youth in crisis) #
The Minister of Health and Welfare shall, if he or she formulates or modifies the master plan for support for children or youth in crisis (hereinafter referred to as the "master plan") under Article 6(1) of the Act on the Support for Children and Youth in Crisis (hereinafter referred to as the "Act") in accordance with Article 6(3) of that Act, transmit the formulated or modified master plan to the head of a relevant central administrative agency and the head of a local government.
Article 3(Formulation and implementation of annual implementation plans) #
(1) To efficiently formulate and implement the annual implementation plan for support for children or youth in crisis under Article 7(1) of the Act (hereinafter referred to as the "implementation plan"), the Minister of Health and Welfare shall notify the head of a relevant central administrative agency and the head of a local government of guidelines for formulation of the implementation plan by November 30 of each year.
(2) The head of a relevant central administrative agency and the head of a local government shall formulate the implementation plan for the following year in accordance with the guidelines for formulation of the implementation plan under paragraph (1) and submit it to the Minister of Health and Welfare by December 31 of each year.
(3) If the head of a relevant central administrative agency and the head of a local government modify the implementation plan formulated under paragraph (2), they shall submit the modified implementation plan to the Minister of Health and Welfare without delay.
Article 4(Evaluation of implementation results) #
(1) The head of a relevant central administrative agency and the head of a local government shall prepare the results of implementation of the plan for the previous year and submit them to the Minister of Health and Welfare by March 31 each year, in accordance with Article 7(2) of the Act.
(2) The Minister of Health and Welfare shall notify the head of a relevant central administrative agency and the head of a local government of the evaluation results under Article 7(3) of the Act.
(3) The head of a relevant central administrative agency and the head of a local government shall reflect the evaluation results notified to them under paragraph (2) in the implementation plan for the following year.
Article 5(Matters to be included in and methods of fact-finding surveys) #
(1) A fact-finding survey on children or youth in crisis under Article 8(1) of the Act (hereinafter referred to as the "fact-finding survey") shall include the following matters:
1. Matters relating to the number of children or youth in crisis;
2. Matters relating to the household environment of children or youth in crisis, including income, property, and other aspects of their economic status, as well as household composition;
3. Matters relating to the physical and mental health of children or youth in crisis;
4. Matters relating to employment, housing, education, etc. of children or youth in crisis;
5. Matters relating to the status of use of social security benefits or services in the private sector and needs for such services;
6. Other matters deemed necessary by the Minister of Health and Welfare.
(2) The fact-finding survey may be conducted by means of on-site surveys, written surveys, or by telephone, electronic mail, etc.
(3) The Minister of Health and Welfare may entrust the fact-finding survey to a research institute, corporation, or organization equipped with specialized personnel and facilities relating to children or youth in crisis, or to relevant experts.
(4) The Minister of Health and Welfare shall publish the results of the fact-finding survey on the website of the Ministry of Health and Welfare, etc.
Article 6(Provision of telephone numbers of children or youth in need of support) #
A dedicated organization shall not use the telephone numbers of children or youth in need of support provided under Article 8(2) of the Act for any purpose other than identification of children or youth in need of support and support for children or youth in crisis, nor provide them to a third party.
Article 7(Application for case management) #
(1) A person who intends to apply for case management under Article 11(1) of the Act shall submit to the head of a dedicated organization an application for case management prescribed by Decree of the Ministry of Health and Welfare, accompanied by the following documents:
1. Documents prescribed by Decree of the Ministry of Health and Welfare evidencing the personal information of a child or youth in need of support;
2. A power of attorney and documents prescribed by Decree of the Ministry of Health and Welfare evidencing the personal information of the representative (limited to cases where the application is filed by the representative);
3. Other documents prescribed by Decree of the Ministry of Health and Welfare necessary to determine whether a person is to be selected for case management.
(2) An application for case management under paragraph (1) may be filed by means of an information and communications network or by other methods determined by the Minister of Health and Welfare.
(3) If the head of a dedicated organization receives an application under paragraph (1), he or she shall, without delay, verify the details of the application and then conduct counseling under Article 12(1) of the Act.
Article 8(Relevant specialized institutions) #
"Relevant specialized institution prescribed by Presidential Decree" in Article 12(4) of the Act refers to the following institutions:
1. A suicide prevention center under Article 13 of the Act on the Prevention of Suicide and the Creation of Culture of Respect for Life;
2. A mental health welfare center under Article 15 of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients;
3. A mental medical institution under Article 19 of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients;
4. Other institutions determined by the Minister of Health and Welfare as institutions capable of professionally providing counseling relating to mental health.
Article 9(Formulation of case management plans) #
(1) The head of a dedicated organization shall formulate a case management plan under Article 14(1) of the Act (hereinafter referred to as the "case management plan") within 14 days from the date he or she selects a person selected for support under Article 13(1) of the Act.
(2) The head of a dedicated organization shall formulate a case management plan based on the results of counseling, etc. under Article 10(1) or 12(1) of the Act, reflecting the circumstances and needs of a person selected for support. In such cases, he or she shall seek the opinions of the person selected for support or his or her family.
(3) If modification of the case management plan is necessary due to a change in the circumstances of a person selected for support or the emergence of new needs, etc. the head of a dedicated organization shall inform the person selected for support or his or her family of the reasons for and details of the modification and obtain his or her consent.
(4) Except as provided in paragraphs (1) through (3), details necessary for the formulation, modification, etc. of a case management plan shall be determined by the Minister of Health and Welfare.
Article 10(Termination of case management) #
The head of a dedicated organization may terminate case management under Article 14(4) of the Act in any of the following cases:
1. Where a person selected for support achieves the purpose of self-reliance;
2. Where a person selected for support no longer meets the requirements under the subparagraphs of Article 13(1) of the Act;
3. Where a person selected for support requests termination of case management;
4. Where case management is no longer possible due to the death of a person selected for support, a declaration of disappearance, etc.;
5. Other cases where the Minister of Health and Welfare deems it necessary to terminate case management.
Article 11(Self-care allowance) #
(1) The eligibility criteria for the self-care allowance under Article 19(1) of the Act (hereinafter referred to as the "self-care allowance") shall be that all of the following requirements are met:
1. A person selected for support who is a child or youth engaged in family caregiving shall be 13 years of age or older but under 34 years of age; provided, if he or she is performing or has performed military service under the Military Service Act, the period of such military service shall be added;
2. The income and property of a person selected for support who is a child or youth engaged in family caregiving shall not exceed 100/100 of the standard median income defined in subparagraph 11 of Article 2 of the National Basic Living Security Act.
(2) A person who intends to receive the self-care allowance shall file an application with the head of the Si (including the head of an administrative Si under Article 11(1) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City)/Gun/Gu (referring to the head of an autonomous Gu; hereinafter referred to as "head of a Si/Gun/Gu), as prescribed by Decree of the Ministry of Health and Welfare.
(3) Upon receipt of an application under paragraph (2), the head of the Si/Gun/Gu shall determine whether to grant the self-care allowance in accordance with the criteria set forth in the subparagraphs of paragraph (1) and, if he or she decides to grant it, shall pay the self-care allowance within 1 month from the date of such determination.
(4) When the head of the Si/Gun/Gu pays the self-care allowance under paragraph (3), he or she shall provide it by issuing a voucher that can be used with a credit card, debit card, etc. to pay expenses necessary for preparation for the future of a person selected for support, such as self-development, health management, and physical and mental recovery.
(5) Except as provided in paragraphs (1) through (4), details necessary for the payment of the self-care allowance shall be determined and publicly notified by the Minister of Health and Welfare.
Article 12(Exclusion from support for use of institutional care benefits) #
"Beneficiaries prescribed by Presidential Decree" in the proviso of Article 19(2)1 of the Act means persons classified as having a long-term care cognitive support grade under Article 7(1)6 of the Enforcement Decree of the Long-Term Care Insurance Act.
Article 13(Designation and entrustment of dedicated organizations) #
(1) An institution, organization, or corporation that intends to be designated or entrusted as a dedicated organization under Article 22(1) of the Act shall meet all of the following requirements:
1. It shall meet all of the following criteria necessary for providing dedicated support services for children or youth in crisis:
a. The facilities and operational standards for a dedicated organization under Appendix 1;
b. The personnel standards for a dedicated organization under Appendix 2;
2. It shall have engaged in welfare services for children or youth for at least 3 years; provided, this shall not apply to a corporation established by the State or a local government for the purpose of social welfare programs;
3. It shall have an operational plan for a dedicated organization suitable for providing dedicated support services for children or youth in crisis;
4. It shall meet other requirements determined by the Minister of Health and Welfare as necessary for providing dedicated support services for children or youth in crisis.
(2) A person who intends to apply for designation or entrustment as a dedicated organization shall submit to the head of a local government an application for designation or entrustment of a dedicated organization in Form 1, accompanied by the following documents:
1. The articles of incorporation or equivalent bylaws;
2. Documents evidencing that the requirements under the subparagraphs of paragraph (1) are met.
(3) If the head of a local government designates or entrusts a dedicated organization under Article 22(1) of the Act, he or she shall issue a certificate of designation or entrustment of a dedicated organization in Form 2 and shall make a public announcement of the dedicated organization so designated or entrusted and the details of the services, in the public gazette or on the website of the relevant local government.
Article 14(Evaluation of dedicated organizations) #
(1) The Minister of Health and Welfare shall conduct a regular evaluation of the provision of services by dedicated organizations every 3 years under Article 22(2) of the Act.
(2) If the head of a local government deems it necessary for the management of a dedicated organization, he or she may conduct an ad hoc evaluation of the provision of services by dedicated organizations under Article 22(2) of the Act.
(3) The items of evaluation under paragraphs (1) and (2) shall be as follows:
1. The adequacy of the establishment and operation of dedicated organizations and personnel management;
2. The results of identification of persons selected for support and provision of and linkage with services;
3. The effectiveness of support and user satisfaction;
4. The adequacy of budget execution and management;
5. Other matters deemed necessary by the Minister of Health and Welfare or the head of a local government to evaluate the provision of services by dedicated organizations.
(4) Except as provided in paragraphs (1) through (3), details relating to the criteria, procedures, methods, etc. for evaluation of the provision of dedicated support services by dedicated organizations shall be determined by the Minister of Health and Welfare.
Article 15(Revocation of designation and entrustment of dedicated organizations) #
(1) The head of a local government may revoke the designation or entrustment if a dedicated organization falls under any of the following subparagraphs; provided, if it falls under subparagraph 1, he or she shall revoke such designation or entrustment:
1. Where it is designated or entrusted by fraud or other improper means;
2. Where it no longer meets the requirements under the subparagraphs of Article 13(1);
3. Where it provides services in violation of the terms of its designation or entrustment.
(2) If the head of a local government revokes the designation or entrustment of a dedicated organization under paragraph (1), he or she shall notify the head of the dedicated organization by issuing a notice of revocation of designation or entrustment of a dedicated organization in Form 3 and shall make a public announcement of such fact in the public gazette or on the website of the relevant local government.
(3) If the designation or entrustment is revoked under paragraph (1), the head of the dedicated organization shall, without delay, return to the head of the local government the certificate of designation or entrustment of a dedicated organization issued under Article 13(3).
Article 16(Scope of access to and processing of information) #
(1) The Minister of Health and Welfare may, under Article 23(1) of the Act, grant the head of a dedicated organization the authority to access and process the following information within the Social Security Information System under Article 37 of the Framework Act on Social Security (hereinafter referred to as the "Social Security Information System"):
1. Information on the personal information, family relations, contact information (referring to telephone numbers, electronic mail addresses, etc.), household characteristics, and residential environment of children or youth in crisis and their relatives living with them (referring to blood relatives within the eighth degree of kinship);
2. Information on the income and property, work ability, employment status, history of receipt of social security benefits, and results of grade determination under Article 15(2) of the Long-Term Care Insurance Act of households of children or youth in crisis (including family members requiring care under Article 13(1)1a of the Act);
3. Other information determined and publicly notified by the Minister of Health and Welfare as necessary for the provision of services by a dedicated organization.
(2) The head of a dedicated organization shall not access or process the information under the subparagraphs of paragraph (1) for any purpose other than performing the following duties:
1. Duties relating to identification of, counseling for, and applications by children or youth in need of support under Article 10(1) of the Act;
2. Duties relating to the processing of applications for case management submitted by children or youth in need of support under Article 11 of the Act;
3. Duties relating to counseling for children or youth in need of support, applications for social security benefits, and advising them to receive counseling from relevant specialized institutions under Article 12(1), (3), and (4) of the Act;
4. Duties relating to the selection of persons selected for support under Article 13(1) of the Act;
5. Duties relating to the formulation, implementation, and termination of case management plans under Article 14(1), (2), and (4) of the Act;
6. Duties relating to the provision of psychological counseling services and linkage with such services under Article 15(3) of the Act;
7. Duties relating to ensuring that the provision of and linkage with support for medical expenses, etc. under Article 16(2) of the Act;
8. Duties relating to ensuring that services are provided in coordination with public and private scholarships, vocational training programs, etc. under Article 17(2) of the Act;
9. Duties relating to processing applications for payment of the self-care allowance under Article 19(1) of the Act;
10. Duties relating to the provision and operation of customized programs for socially isolated and withdrawn children or youth under Article 21(1) of the Act.
Article 17(Methods of access to and processing of information) #
(1) The Minister of Health and Welfare shall, under Article 23(1) of the Act, determine standardized operating procedures relating to the following matters to be complied with when the head of a dedicated organization accesses or processes information within the Social Security Information System:
1. Matters relating to access to and processing of information in accordance with the duties of a dedicated organization, such as identification of children or youth in crisis, counseling, processing of applications, case management, and provision of and linkage with support;
2. Matters relating to management of access rights to the Social Security Information System for the protection of personal information and information security.
(2) Details relating to the standardized operating procedures under paragraph (1) shall be determined by the Minister of Health and Welfare.
Article 18(Provision and use of data on children or youth in crisis) #
(1) "Information prescribed by Presidential Decree" in Article 24(1)5 of the Act means the data or information under the subparagraphs of Article 12(1) of the Act on the Use and Provision of Social Security Benefits and Search for Eligible Beneficiaries.
(2) The retention period of the information provided under Article 24(1) of the Act shall not exceed 5 years from the date of receipt of such information.
Article 19(Procedures for providing personal information where a child or youth is suspected of being in crisis) #
(1) The Minister of Health and Welfare may, under Article 24(2) of the Act, provide the name, date of birth, address, telephone number, etc. of a child or youth suspected of being in crisis to the head of the local government where such child or youth resides, and may request confirmation of his or her safety and identity.
(2) If the head of a local government receives a request for confirmation of safety and identity under paragraph (1), he or she shall, without delay, conduct such confirmation by conducting an on-site visit and shall notify the Minister of Health and Welfare of the results thereof.
Article 20(Request for provision of telephone numbers) #
The Minister of Health and Welfare may, under Article 24(3) of the Act, where he or she intends to request the provision of telephone numbers of children or youth in crisis, make such request to a telecommunications business operator defined in subparagraph 8 of Article 2 of the Telecommunications Business Act through the Korea Association for AI & ICT Promotion under Article 15(1) of the Framework Act on Broadcasting Communications Development.
Article 21(Certification of specialized institutions) #
(1) The certification standards for a specialized institution supporting children or youth in crisis under Article 26(1) of the Act (hereinafter referred to as a "specialized institution") shall be as follows:
1. Proactiveness of management in the establishment of a support framework for children or youth in crisis;
2. Specialized personnel and organizational capacity for support for children or youth in crisis;
3. Performance in the planning and operation of programs for support for children or youth in crisis;
4. Other matters deemed necessary by the Minister of Health and Welfare for support for children or youth in crisis.
(2) A person who intends to obtain certification as a specialized institution under Article 26(2) of the Act shall file an application with the Minister of Health and Welfare as prescribed by Decree of the Ministry of Health and Welfare.
(3) If the Minister of Health and Welfare receives an application for certification under paragraph (2), he or she shall examine whether the applicant meets the certification standards under paragraph (1).
(4) If the Minister of Health and Welfare determines, as a result of the examination under paragraph (3), that an applicant meets the certification standards, he or she shall issue a certificate of certification as a specialized institution supporting children or youth in crisis, as prescribed by Decree of the Ministry of Health and Welfare, and shall post such fact on the website of the Ministry of Health and Welfare, etc.
(5) The Minister of Health and Welfare and the head of a local government may, under Article 26(5) of the Act, provide support to specialized institutions for the following matters:
1. Promotion of specialized institutions;
2. Improvement of facilities relating to children or youth in crisis;
3. Development and operation of programs relating to children or youth in crisis;
4. Other matters deemed necessary by the Minister of Health and Welfare for support for children or youth in crisis.
(6) Except as provided in paragraphs (1) through (5), matters necessary for certification of specialized institutions, etc. shall be determined by the Minister of Health and Welfare.
Article 22(Protection of personal information) #
(1) The head of a dedicated organization shall retain, for 5 years from the date on which case management is terminated, the personal information and history of support provided of children or youth in crisis and their family members requiring care (referring to family members requiring care under Article 13(1)1a of the Act) that he or she becomes aware of in the course of formulating and implementing a case management plan.
(2) The head of a dedicated organization shall, without delay, destroy information whose retention period under paragraph (1) has expired.
(3) Notwithstanding paragraph (1), if a person selected for support requests destruction of his or her personal information and history of support provided under Article 29(3) of the Act, the head of a dedicated organization shall, without delay, destroy such information.
Article 23(Entrustment of affairs) #
(1) Under Article 30(2) of the Act, the affairs relating to the establishment and operation of a one-stop service window for support for children or youth in crisis of the Minister of Health and Welfare under Article 10(2) of the Act shall be entrusted to the policy center for children or youth in crisis under Article 25(1) of the Act.
(2) Under Article 30(2) of the Act, the Minister of Health and Welfare shall entrust the following affairs to the Korea Social Security Information Service under Article 29(1) of the Act on the Use and Provision of Social Security Benefits and Search for Eligible Beneficiaries:
1. Affairs relating to granting authority to access and process information within the Social Security Information System under Article 23(1) of the Act;
2. Affairs relating to requests for information for identification of children or youth in crisis and to the collection, management, and retention of information through the Social Security Information System under Article 24(1) of the Act.
(3) Under Article 30(2) of the Act, the Minister of Health and Welfare may entrust the following affairs to an institution equipped with the personnel and facilities necessary for the performance thereof:
1. Affairs relating to the provision and operation of customized programs for socially isolated and withdrawn children or youth under Article 21(1) of the Act;
2. Affairs relating to certification of specialized institutions under Article 26(1) of the Act.
(4) If the Minister of Health and Welfare entrusts affairs under paragraph (3), he or she shall make a public announcement of the institution entrusted with such affairs and the details of the entrusted affairs in the Official Gazette or on the website of the Ministry of Health and Welfare.
Article 24(Processing of sensitive information and personally identifiable information) #
(1) The Minister of Health and Welfare (including any person entrusted with the affairs of the Minister of Health and Welfare under Article 22(1) or Article 30(2) of the Act) may, if unavoidable for performing the following affairs, process data containing information on health under Article 23(1) of the Personal Information Protection Act and data containing resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of that Act:
1. Affairs relating to fact-finding surveys;
2. Affairs relating to the identification and counseling of children or youth in need of support and to the establishment and operation of a one-stop service window for children or youth in crisis under Article 10 of the Act;
3. Affairs relating to the processing of applications for case management of children or youth in need of support, etc. under Article 11 of the Act;
4. Affairs relating to counseling for children or youth in need of support, applications for social security benefits, and advising them to receive counseling from relevant specialized institutions under Article 12(1), (3), and (4) of the Act;
5. Affairs relating to the selection of persons selected for support and notifying them thereof under Article 13(1) of the Act;
6. Affairs relating to the formulation, implementation, and termination of case management plans under Article 14(1), (2), and (4) of the Act;
7. Affairs relating to the provision of psychological counseling services and ensuring that such services are also provided to the person selected for support and his or her family under Article 15 of the Act;
8. Affairs relating to the provision of health management services and ensuring that support for medical expenses is also provided under Article 16 of the Act;
9. Affairs relating to the provision of services for education and employment support and ensuring that such services are provided in coordination with public and private scholarships, vocational training programs, etc. are also provided under Article 17 of the Act;
10. Affairs relating to giving priority to the provision of public rental housing under Article 18 of the Act;
11. Affairs relating to the payment of the self-care allowance and special support under Article 19 of the Act;
12. Affairs relating to the provision and operation of customized programs for socially isolated and withdrawn children or youth in crisis under Article 21(1) of the Act.
(2) The head of a local government (including any person to whom such authority has been delegated or entrusted) may, if unavoidable for performing the following affairs, process data containing information on health under Article 23(1) of the Personal Information Protection Act and data containing resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of that Act:
1. Affairs relating to the identification and counseling of children or youth in need of support under Article 10(1) of the Act;
2. Affairs relating to the processing applications for case management for children or youth in need of support under Article 11(1) of the Act;
3. Affairs relating to counseling for children or youth in need of support, applications for social security benefits, and advising them to receive counseling from relevant specialized institutions under Article 12(1), (3), and (4) of the Act;
4. Affairs relating to the selection of persons selected for support and notifying them thereof under Article 13(1) of the Act;
5. Affairs relating to the formulation, implementation, and termination of case management plans under Article 14(1), (2), and (4) of the Act;
6. Affairs relating to the provision of psychological counseling services and ensuring that such services are also provided to the person selected for support and his or her family under Article 15 of the Act;
7. Affairs relating to the provision of health management services and ensuring that support for medical expenses is also provided under Article 16 of the Act;
8. Affairs relating to the provision of services for education and employment support and ensuring that such services are provided in coordination with public and private scholarships, vocational training programs, etc. under Article 17 of the Act;
9. Affairs relating to giving priority to the provision of public rental housing under Article 18 of the Act;
10. Affairs relating to the payment of the self-care allowance and special support under Article 19 of the Act;
11. Affairs relating to the provision and operation of customized programs for socially isolated and withdrawn children or youth under Article 21(1) of the Act.
Article 25(Reexamination of regulation) #
The Minister of Health and Welfare shall examine the appropriateness of the following matters every 3 years, counting from each base date specified in the following (referring to the period that ends on the day before January 1 of every third year) and shall take measures, such as making improvements:
1. Certification standards for specialized institutions supporting children or youth in crisis under Article 21(1) of the Act: January 1, 2026;
2. Certification procedures for specialized institutions supporting children or youth in crisis under Article 21(2) of the Act: January 1, 2026.
Article 26(Criteria for imposition of administrative fines) #
The criteria for the imposition of administrative fines under Article 32 of the Act shall be as specified in Appendix 3.