Summary.
The bill establishes the objective of requiring annual physical health certificates and psychological evaluations for all persons working as caregivers in daily care homes. It incorporates that requirement into the qualifications for the role by amending Article 9 of Law 34 of 2018, concerning comprehensive protection in early childhood and early childhood development. The proposed wording retains the requirement for a Caregiver Fitness Certification issued by the Ministry of Social Development (Ministerio de Desarrollo Social). An applicant must submit a written petition addressed to the Minister of Social Development together with the prescribed documents.
Those documents include a copy of the identity card authenticated by the Electoral Tribunal’s Identification Department (Departamento de Cedulación del Tribunal Electoral). A foreign applicant must instead submit authenticated copies of her passport and residence permit. The applicant must also provide a certificate of good physical health and a psychological evaluation of her attitudes, abilities, vocation and experience in caring for children and those in early childhood. The bill requires a duly qualified health professional to issue the certificate and evaluation annually. This annual requirement appears both in the bill’s stated objective and in its proposed wording of Article 9.
The documentary requirements also include a Personal Background Information Certificate issued by the Judicial Investigation Directorate (Dirección de Investigación Judicial) and a note from the justice of the peace for the area where the applicant resides concerning her conduct in the community. If foreign personnel work in the care home, an authenticated copy of their work permit must be supplied. That permit is issued by the General Directorate of Employment of the Ministry of Labor and Workforce Development (Ministerio de Trabajo y Desarrollo Laboral). The applicant must further provide her basic education diploma and documents relating to any other academic education.
The amended article also requires a certificate showing completion of caregiver training and a letter committing the applicant to continuing training in caregiver programs for comprehensive early childhood care. Its paragraph provides that the required documents must be submitted as originals, as copies authenticated by the issuing institution, or as copies certified by a notary public after comparison with the originals. The bill expressly identifies its amendment to Article 9 of Law 34 of May 30, 2018, and provides that it would take effect on the day following its promulgation.
The proposal concerns the Ministry of Social Development (Ministerio de Desarrollo Social), the Electoral Tribunal’s Identification Department (Departamento de Cedulación del Tribunal Electoral), the Judicial Investigation Directorate (Dirección de Investigación Judicial), and the Ministry of Labor and Workforce Development (Ministerio de Trabajo y Desarrollo Laboral). It also concerns duly qualified health professionals, justices of the peace, caregivers, foreign personnel working in daily care homes, and families connected with early childhood care.
What it proposes.
- Fitness requirements for working as a caregiver.
- Annual physical health certificates and psychological evaluations.
- Documents required for the certification application.
Who it would affect.
- Caregivers in daily care homes.
- Foreign applicants for Caregiver Fitness Certification.
- Daily care homes employing foreign personnel.
Key points.
- Proposes annual physical health certificates and psychological evaluations for persons working as caregivers.Art. 1
- Requires a Caregiver Fitness Certification issued by the Ministry of Social Development and a written petition addressed to its minister.Art. 2
- Requires identity documents and, for foreign applicants, authenticated passport and residence permit copies.Art. 2
- Requires an annual physical health certificate and psychological evaluation issued by a duly qualified health professional.Art. 2
- Includes a personal background certificate and a justice of the peace’s note concerning the applicant’s conduct in the community.Art. 2
- Requires an authenticated work permit if foreign personnel work in the care home, together with the applicant’s education and training documents.Art. 2
- Provides for submission of original documents, copies authenticated by the issuing institution, or copies certified by a notary public.Art. 2
- Expressly identifies the amendment to Article 9 of Law 34 of May 30, 2018, and sets commencement for the day after promulgation.Arts. 3-4