Act on special care

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CHAPTER 1
General provisions
1 §
This Act provides for the special care of the person whose development or mental activity is blocked or disturbed congenital or developmental age from illness, handicap or disability, and that does not under any other law to get the services they need.

The specific purpose of this maintenance is to promote one person referred to in subsection performance of activities of daily living, his originality livelihoods and reintegration into society, and to safeguard the treatment she needs and other care. (30.12.1996/1369)

2 §
Special care services are covered, as required by regulation under this Act or otherwise determined or provided:

1) Examination, which includes special care for the unique design and the implementation of necessary medical, psychological, and social examination, as well as the aptitude tests;

2) health care;

3) an appropriate guidance and training, which means physic- communication- and occupational therapy when needed; (30.12.1996/1369)

4) work activities and housing, as well as other similar activities that promote the social inclusion; (13.1.1984/26)

5) personal aids and assistive devices;

6) personal care when needed;

7) the person’s spouse, parents and other members of the family, guardian, or other person close to him guidance and counseling;

8) information activities of a specialized service for services;

9) prevention of developmental disorders, as well as

10) any other similar special care to implement the necessary action.

§ 3 (22.12.2009/1539)
Special care for general planning, management and monitoring of Social Affairs and Health.

Regional State Administrative Agency is of special care and planning, supervision and control of its territory. If the special service district is located in two or more AVI jurisdictions, regional agencies will cooperate with each other.

Health and Social Care authorization and supervision of the Office of Social Affairs and directs the Ministry of Health regional government agencies involved in the policies, procedures and decision-making practices to harmonize the specific maintenance control and supervision. In addition, Health and Social Care authorization and supervision of the Agency directs and supervises the special care, especially when the question is:

1) The principal importance or matters that;

2) multiple AVI domain or the whole country matters;

3) issues related to social and health care authorization and supervision of the Agency under health care or health care professional to the supervisory matter;, as well as

4) the things that Regional State Administrative Agency is unable to act to deal with.

Health and Social Care authorization and supervision of the Agency and the Regional State Administrative Agencies more detailed division of labor under the guidance and supervision can be adjusted by government decree.

On Special care expert agency for Health and Welfare, which provides health and well-being of the plant in the Act (668/2008).

4 § (17.9.1982/702)
§ 4 is repealed by the 17.9.1982/702.

§ 5 (13.1.1984/26)
§ 5 is repealed 13.1.1984/26.

§ 6
Special care of the organization, the country is divided into special care districts with areas designated by the Government. Unless there are special reasons for doing otherwise, districts must form a regional government agencies in the domain allocation for an adaptable, taking into account regional government agencies need to develop the business segment structure. (22.12.2009/1539)

Special Maintenance parties includes municipalities are members of the special service district communes, which will hold municipal obligation to provide special care, if the provisions of this Act does not provide otherwise.

If the local population or other special reasons require the municipal authority can alone form a special service district. The municipality is then applicable, the provisions of the Special Service District Municipal League is set. (13.1.1984/26)

If a particular service or a part of its complexity, it required special conditions, or other similar reasons, it is expedient to provide greater than one special service for the population of the district, the Government may, independently of the district to impose any particular service in whole or in part, of one or more communes, to be arranged. (13.1.1984/26)

Bilingual and Swedish municipalities are also members of the special care and communes, which is responsible for the division of the district, regardless of its member Swedish-speaking population of the special care organization. Special care association of municipalities is applicable, the provisions of this Act with special care districts Municipal League provides, however, that the federal council members and the number of voting rights in the criteria laid down in the statutes. (13.1.1984/26)

If the provincial law so provides, the Åland can be referred to in subsection 4 of the special care communes, communes, a member of or agree with the use of its facilities. Provincial rights and obligations of communes, a member of the then in force, the member municipalities of this Act and the Municipal League Statute. Special care organization in the province of Åland is the remainder of the province provided by law. (13.1.1984/26)

§ 7 (5.2.1999/124)
Special care in addition to the above 6 § 2 and 3 of subsection referred to special care districts local government take care of the Child Welfare Act (683/1983) of the high cost of the compensation system implementation.

LastensuojeluL 683/1983 has been repealed LastensuojeluL of 417/2007.

8 § (17.9.1982/702)
§ 8 is repealed 17.9.1982/702.

§ 9 (30.12.1996/1369)
Special care for the organization of a special service district local government will be necessary for the operation of the business units.

§ 10 (17.9.1982/702)
§ 10 is repealed by the 17.9.1982/702.

§ 11 (13.1.1984/26)
Special service districts can make another special service district Municipal League contract with entities other than the use of § 6 of subsection 4 of the special care organization.

§ 12-13
§ 12-13 is repealed 16.9.1988/797.

§ 14
Notwithstanding the provisions of 6 § 1 and 2 of subsection also provides municipalities the right to special care. (17.9.1982/702)

In paragraph 1 above in the case of the municipality shall, where appropriate, the provisions of 32, 33, 35, 39 and 42 § in both 4-6 and Chapter 10 provides a special service district association of municipalities. (3.8.1992/739)

To the special service authority for the Social Welfare Board, which with special care the district Municipal League shall co-operate, even when the local special care organization is responsible for municipal associations. Arranged by the municipality of special care for the social welfare board to specific parental responsibility applies, mutatis mutandis, the management team of special care is provided. (13.1.1984/26)

§ 15
Specialized national welfare units in addition to the State to be a special welfare units, the state obligation to provide special care for the organization, as well as national research, experimentation or other comparable for the specific maintenance activities.

§ 16
In addition to what is provided above, can also be a private special welfare units.

Private special care units can provide special care for the services of a communes or municipalities, or other services do not want to.

Paragraph 3 repealed by Act of 17.1.1991/96.

4, subsection is repealed by the 17.9.1982/702.

CHAPTER 2
Special Service District Municipal League Management
§ 17
Special Maintenance parties communes, the Federal council member elect members of municipal councils as follows:

Population of the municipality recently delivered the spirit of the writing of the number of members
up to 8 000 2
8 001 – 25 000 3
25 001-100 000 4
100 001-400 000 5
400 001 or more 6

Each of the members elected a personal deputy.

§ 18
Membership of the members representing the number of votes determined by the federal council of the municipality recently delivered to the spirit of writing based on the number of inhabitants, so that the members representing the Board shall have one vote for every 1 000 inhabitants. Votes can be up to one-third of all member municipalities of members representing the aggregate of unrestricted voting rights. Base of members representing the number of votes is divided equally between them arriving in the States.

§ 19-20
§ 19-20 is repealed 3.8.1992/739.

21 § (13.1.1984/26)
§ 21 is repealed by the 13.1.1984/26.

§ 22 (3.8.1992/739)
§ 22 is repealed by the 3.8.1992/739.

§ 23
Special care for the organization of individual special service district is a special district joint care management team.

Special care management team members have a minimum of three communes, the leading office-holder in such a way that the management group is represented in the medical, educational, and scientific expertise sosiaalihuollollinen. (3.8.1992/739)

On the treatment of special care and the management team has the relevant parts of the Local Government Act provides for the municipal committees of the Board of Directors.

KunnallisL 953/1976 has been repealed by the Local Government Act of 365/1995. Cf. municipal government committees of the Local Government Act 365/1995 § 17-19.

§ 24-25
§ 24-25 is repealed 3.8.1992/739.

26 §
Special Service District association of municipalities in this Act shall apply to the exceptions stated in local government regulations.

KunnallisL 953/1976 has been repealed by the Local Government Act of 365/1995. Cf. municipal cooperation in the Local Government Act 365/1995, Chapter 10.

CHAPTER 3
Special care organization
§ 27
Special Service District communes to give special care primarily for association of municipalities belonging to the municipalities to any person, subject to § 6 subsection 4 appropriate arrangements or 11-13 §’s waiver under, or § 12 subsection 3, or § 13 subsection 2 by regulations issued under otherwise. (13.1.1984/26)

When the special service district municipal associations operating at the special care of a person domiciled in turns or when his or her special care organization has provisions in subsection 1 due, would fall within the special service district communes, the business entity he is, will the communes, inform it of the particular service zone communes, which a person of special care organization rules in paragraph 1 of the fall. Communes, the latter shall take the necessary measures to organize special care for the person. Special care is given, however, continue in the former place until it can be appropriately and the person’s particular service without reducing the possibilities to organize the rest.

28 § (30.12.1996/1369)
§ 28 is repealed by the 30.12.1996/1369.

§ 29 (27.5.1983/484)
§ 29 is repealed by the 27.5.1983/484.

§ 30 (30.12.1996/1369)
§ 30 is repealed by the 30.12.1996/1369.

§ 31
Special care to the pursuit of the initiative should be done with special care districts or communes person’s home from the social welfare committee.

Special care of and the closing of the discretion of the service management team, unless special care district otherwise determined. (19.12.1980/952)

32 §
Other hand, will be a special service to provide, subject to the Child Welfare Act (52/36) Subject to the provisions, only the person whose care can not be otherwise arranged, and which must be assumed without any maintenance to come into a serious life or health at risk Tahi which fraud and other evidence indicate that he is dangerous because of their disability of another person’s safety and the immediate need of special care.

Special care of one of the persons mentioned in subsection must be made for special care management team a written application. The application is entitled to his guardian, or other custodian.

Subject to subsection 2 is not entitled to make the application, or if they do not agree to make the application, the application can also be the Social Welfare Board, in which the person resides, or the Board appoints a public office holder. Similar conditions to the application of the penal institution, the head of the department to do.

LastensuojeluL 52/1936 has been repealed, cf. LastensuojeluL 417/2007.

§ 33 (22.12.2009/1539)
When special care management team 32 § in the result of the application whereas it is apparent that the said subsection 1 of the conditions of the special care to a person against her will exist, the management team can supply to any person to research.

To in paragraph 1 of the research must be carried out without delay and no later than five days after the arrival of the examination, unless the Regional State Administrative Agency for a special reason pitennä research time.

The study upon completion of the management team of special care, special care of. The decision of the special care of the other hand will be immediately and no later than two weeks after filing submitted to the Administrative Court for confirmation. An administrative court will deal with the matter urgently.

§ 34
Special care as the unique implementation of special care or management team within the limits of the unit’s safety officer must approve the specific maintenance program for every need of special care for the person. The program, which is necessary, revised, it is, as far as possible, be drawn up in cooperation with the person himself and his guardian, or other custodian, as well as social welfare board.

Paragraph 2 has been repealed by the 13.1.1984/26.

§ 35 (13.1.1984/26)
Specific customized maintenance program, it is endeavors to ensure that any person living who can not live at home but that is not in need of residential care, will be held in some other way.

In need of special care must also aim to provide work training, work experience and other stimuli assistance activities.

§ 36 (22.12.2009/1539)
The State Provincial Office may impose a special service program for correction as they deem necessary extent, when the person or his or her guardian or other legal guardian, or the Social Welfare Act (710/1982) 6 § 1 referred to in subsection municipality appointed a multi-member institution considers that the application is not appropriate.

37 §
If, contrary to the will of the special care of the person examined, or service in organizing shows that 32 § subsection 1 of the conditions is missing, the special care administration as soon as her or guardian Tahi guardian, or 32 § 3 subsection of the Authority, when requested to stop.

§ 38
Contrary to the will of a person to give special care to the same study on the basis of a maximum of six months. If he does not then agree to stay in the special care or special care is given § 37 of the rules of the stop, a 32 § 1 subsection referred to the existence of conditions re-assessed at least every six months. Then observe what 33 § 3 subsection.

§ 39 (17.9.1982/702)
Special Service District Municipal League shall provide a specific research or to organize a special care of the person transporting district joint operations units, as well as other transportation such as provided by regulation.

40 §
The State shall provide the following service organization of special care for persons in need:

1) prison or other state institution or to be held for each dependent, as well as

2) the accused, which according to the provisions laid down separately, as a special care unit or a state of mind, it is left to sentence in the matter, and which has been prescribed for administration to a special service.

State may hold more than one subsection and 15 referred to in § special care, as decreed by the Government.

§ 41 (22.12.2009/1539)
Special Service District District State Administrative Agency is required to give individual orders to ensure special care for the adoption of § 40 of the intended person.

§ 42
Special care, a person can be forced to apply only to the extent that the special care organization or another person’s safety may require.

CHAPTER 4
Dues
43 § (3.8.1992/739)
Special Maintenance Fees may be charged in the Welfare and Health Care Fees Act (734/92).

CHAPTER 5
Compensation
44 § (31.3.1988/299)
Special Service District Municipal League said other than the association of municipalities belonging to the municipality of the person who organized the special care of these costs for the Municipal League, a person’s domicile is, the compensation.

45 §
Unless otherwise agreed, 44 § 1 and 2 of subsection compensation is calculated in such a way as provided in this section. The same applies mutatis mutandis to § 44 subsection 3 of the reimbursement to be imposed.

Compensation to determine the division of the previous financial year, the total operating costs increased by 10 per cent. The amount so obtained shall be reduced by 43 § in accordance with the fees and allowances and division of other operating income, excluding interest income, the state and local government contributions to the operating costs, as well as other provided in this Act for special care allowances, as well as the revenue that the municipality or communes may be of any activities, which cost the state is not performed . The difference is divided by the day or days of operation, using the total number of visits, depending on the quality of the work, after which the quotient is multiplied by the person operating the days or visits century. The resulting amount is added to each of the operating days or visits per person to run down the amount of compensation, when compensation or no fee is charged. (3.8.1992/739)

46 §
When division of the previous year’s financial statements have not yet been adopted, § 45 may be referred to in the compensation charge to pay an amount corresponding to the division of the previous year’s estimated operating costs, without, Subsection 2, for the purposes of operating days or visits per capita.

47 § (13.1.1984/26)
§ 47 is repealed by the 13.1.1984/26.

CHAPTER 6
Planning and government (17.9.1982/702)
48 § (29.12.2009/1717)
Under this Act shall apply to the activities of social and health care planning and the state grant to the Law (733/1992), as well as basic municipal services in the state’s Act (1704/2009), unless otherwise provided by law.

§ 49-61
§ 49-61 is repealed 17.9.1982/702.

CHAPTER 7 (17.9.1982/702)
(17.9.1982/702)
Chapter 7 is repealed 17.9.1982/702.

CHAPTER 8
Special care industry training and research organization
65 §
Special care industry staff training or special care research in attending university or other authority has the right to use the special service district communes, functional units specialized service in the field of education or research organization.

Above 16 § in the unit’s administrator may agree to a university or other entities with the authority to use one referred to in subsection educational or research activities.

§ 66
University or other authority to conduct a special service district communes full compensation for the cost incurred in its educational or research use of specific-service zone communes business entity located in room facilities construction, on the improvement or extension or structural reorganization, solid instruments and apparatus, including, as well as operating costs, resulting from the said room facilities maintenance. If the room facilities, however, are used in part to the special service district communes, operational, compensation is adjusted in this respect. (17.9.1982/702)

Provisions of subsection 1 is said, applied to the other special service district communes, start-up and operating costs, mainly due to the special service in the field of teaching or research organization specialized service zone communes, the community.

67 §
Above 65 § 1 subsection of activities in the organization, as well as § 66 as referred to in reimbursement criteria should a university or other authority to agree on the specific service zone with the Municipal League.

To in paragraph 1 of the agreement, which is governed by decree in cases submitted to the Government for approval, shall be drawn up in such a way that it reflects a balance between on the one hand the special service district communes duty of special care organization, and on the other hand a university or other authority, the regulations or set out in the education and research plans of obligation to a special service in the field of education or research organization.

Subject to subsection 1 an agreement, the Government may, if the arrangement of special care in the field of education or research Tahi special care of an appropriate organization, it is essential to impose any particular service zone communes operating units using the said purposes, as well as the reimbursement of the costs. Then observe, subsection 2, and § 66 Act.

CHAPTER 9
Special care organization in some cases,
§ 68 (3.8.1992/739)
Special service districts can agree on a health care communes, whose domain includes the special service area of ​​the district, the special service district communes, assets and liabilities of the health sector communes.

§ 69 (3.8.1992/739)
Above, § 68 in the Agreement enters into force, including the health sector collective authorities, mutatis mutandis, in addition to what is provided for by the way, what is the special service district association of municipalities in this Act.

§ 70 (3.8.1992/739)
§ 70 is repealed by the 3.8.1992/739.

CHAPTER 10
Miscellaneous provisions
71 § (17.9.1982/702)
§ 71 is repealed by the 17.9.1982/702.

72 § (30.3.1979/386)
§ 72 is repealed by the 30.3.1979/386.

73 §
Unless otherwise agreed, the member municipalities of the shares of a special service district communes assets and its debts shall be determined in proportion to the member municipalities have participated in communes, establishment costs. Contributions to the converted, however, as decreed provides member municipalities shares was imposed monetary value, taking into account the reasonable value of the deduction.

When special care redistricting changed the special service district Municipal League membership to another special service circuit, the losing communes, communes must be carried out to the receiving compensation for the municipal share of communes assets less liabilities.

74 §
Eligibility for the special service district communes and special care to organize the municipal positions can be adjusted by decree.

§ 75 (31.10.2008/672)
Health and Social Care authorization and supervision of the Agency and the State Administrative Agency to inspect the municipal and local government activities referred to in this Act as well as organizing activities for operating units and offices when conducting an inspection is reasonable cause. Health and Social Care authorization and supervision of the Office may also impose a justified reason to carry out an AVI. Verification may be made without prior notice. (22.12.2009/1539)

The inspector shall be admitted to all the office spaces. The inspection shall, notwithstanding confidentiality provisions set out all the documents requested by the inspector, which are necessary for auditing. In addition, the inspector is, notwithstanding confidentiality provisions provided free of charge, he requested a copy of the audit of the necessary documents. The inspector shall have the right to take photographs during the inspection. The inspector may be assisted by the implementation of the necessary control of experts.

The police must provide the necessary social and health care authorization and supervision of the Agency and the Regional State Administrative Agency assistance for the inspection. (22.12.2009/1539)

The inspection must be recorded.

The audit, in particular with regard to matters of procedure and inspection, as well as the exact content of the inspection to be held in the minutes and the retention and the retention period can be adjusted by government decree.

76 § (22.12.2009/1539)
If the mentally special care in organizing or carrying out customer safety hazards identified deficiencies or other defects, or operation is otherwise contrary to this Act, Health and Social Care licensing and control agency or regional office may make an order for the rectification of defects or deletion. The order was issued shall specify the period within which the necessary measures must be taken. If the client security requirements, the action may be imposed immediately suspend or business unit, part of the device banned immediately.

Health and Social Care authorization and supervision of the Agency or the State Administrative Agency may require the municipality or local government to comply with subsection 1 clause penalty of a fine or penalty that will be suspended or that the business unit, part of the device use is prohibited.

Health and Social Care authorization and supervision of the Agency and the State Administrative Agency’s decision to suspend operations or business unit, part of the device must comply with the prohibition on the use of an appeal, unless the appeal authority determines otherwise.

The provisions of this section shall not apply to the Medicines Act (395/1987) the activities of oversight by the Medicines and Development. If the Health and Social Care authorization and supervision of the Agency or the State Administrative Agency has identified control deficiencies related to pharmaceuticals or other drawbacks, should be notified to the Pharmaceutical Security and Development Centre.

§ 77 (22.12.2009/1539)
If on Special care guidance and supervision, it is found that the municipality or local government has the lawful activities in organizing or carrying out wrongly, or failed to fulfill its obligation to the social and health authorization and supervision of the Agency and the State Administrative Agency to provide municipal or local government, or the wrongful acts of the responsible official notice Anti-reference.

Health and Social Care authorization and supervision of the Agency and the State Administrative Agency may, if the case does not give rise to any objections or other measures, to draw attention to the supervised entity the appropriate organization and governance compliance.

In this section referred to Health and Social Care authorization and supervision of the Agency or the State Administrative Agency to provide notice and to pay attention to not be appealed.

78 § (22.7.2011/924)
§ 3 above, as referred to, the Authority will not consider the specific service of the complaint, which relates to more than five years old this matter, unless the complaint is no particular reason.

§ 79 (17.9.1982/702)
Servicing is organizing a special municipality, as well as § 16, as referred to a private provider of special care is required to provide special care for this district communes consider appropriate information and explanations.

80 §
Social Welfare Board’s decision in this matter referred to in the Act be appealed to the Administrative Court within 30 days of notification of the decision. The appeal may be given during the said period the Board, which shall deliver its opinion by the Administrative Court. (22.12.2009/1539)

Provisions of subsection 1 is set, does not apply when a law or regulation is laid down in appeal or otherwise prohibited by the appeal, nor when the decision of the Municipal Act may be submitted to the municipal or federal government for examination.

KunnallisL has been repealed by the Local Government Act of 365/1995.

81 §
On appeal, the special service district communes, the Federal Council, the Federal Government, the Board, the Executive Board, the Executive Board, the Executive Committee of special care or other municipal body or office-holder must comply with the decision, the Local Government Act provides that if the provisions of this Act does not provide otherwise.

Notwithstanding the provisions in subsection 1, the special care management team, the Social Welfare Board or a municipal officeholder decision relating to any specific service provision or termination of, or a unique special maintenance program approval, appealed to the Regional State Administrative Agency, and the decision that contrary to the will of special care was provided, or the continuation of an appeal to the Administrative Court. The appeal must be made within 30 days of receipt of the decision in accordance with the provisions of the Administrative Procedure Act (586/1996). The appeal may be given during the said period the management team of special care or social welfare, which comes with its own opinion in addition to submitting it to the appellate authority. (22.12.2009/1539)

Notwithstanding the provisions in paragraphs 1 and 2 provides the Executive § 33 subsection 1, under decision may not be appealed.

KunnallisL has been repealed by the Local Government Act of 365/1995.

82 § (22.12.2009/1539)

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