On approval of the Rules for assessment and determination of the need for special social services

Invalidated Unofficial translation

Order of the Minister of Health and Social Development of the Republic of Kazakhstan dated February 19, 2016 No. 134. It was registered with the Ministry of Justice of the Republic of Kazakhstan on March 25, 2016 No. 13527. Abolished by Order No. 200 of the Minister of Labor and Social Protection of the Republic of Kazakhstan dated June 2, 2023.

      Unofficial translation

      Footnote. Abolished by Order No. 200 of the Minister of Labor and Social Protection of the Republic of Kazakhstan dated June 2, 2023.

      In accordance with subparagraph 2) of article 8 of the Law of the Republic of Kazakhstan dated December 29, 2008 On Special Social Services I hereby ORDER:

      1. To approve the attached Rules for assessment and determination of the need for special social services.

      2. In the manner established by law, the Department of Social Services of the Ministry of Health and Social Development of the Republic of Kazakhstan shall:

      1) provide the state registration of this order with the Ministry of Justice of the Republic of Kazakhstan;

      2) within five working days after the state registration of this order with the Ministry of Justice of the Republic of Kazakhstan, direct this order to the Republican State Enterprise with the Right of Economic Management "Republican Center of Legal Information of the Ministry of Justice of the Republic of Kazakhstan" for placement in the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan;

      3) within ten calendar days after the state registration of this order, direct it for official publication in periodicals and legal system "Adilet";

      4) place this order on the official Internet resource of the Ministry of Health and Social Development of the Republic of Kazakhstan;

      5) within ten working days after the state registration of this order with the Ministry of Justice of the Republic of Kazakhstan, report to the Department of Legal Services of the Ministry of Health and Social Development of the Republic of Kazakhstan on execution of the actions provided for in subparagraphs 1), 2) and 3) of this paragraph.

      3. Control over the execution of this order shall be assigned to the Vice Minister of Health and Social Development of the Republic of Kazakhstan S. Zhakupova.

      4. This order shall be enforced upon expiry of ten calendar days after the date of its first official publication.

      Minister of Health
      and Social Development
      of the Republic of Kazakhstan T. Duysenova

      AGREED

      Minister of Education and Science

      of the Republic of Kazakhstan

      _____________ E. Sagadiyev

      February 25, 2016

  Approved by
order No. 134 of the Minister of Health
of the Republic of Kazakhstan
dated February 19, 2016

Rules
for assessment and determination of the need for special social services

      1. These Rules for assessment and determination of the need for special social services (hereinafter - the Rules) are developed in accordance with the Law of the Republic of Kazakhstan dated December 29, 2008 On Special Social Services and establish the procedure for assessment and determination of the need for special social services of individuals (families) in difficult life situations.

      2. The following basic concepts are used in these Rules:

      1) social maladaptation – violation of the interaction of an individual with the social environment;

      2) social deprivation – restriction and (or) deprivation of the possibility of independent satisfaction by a person (family) of basic living needs;

      3) socio-medical examination (hereinafter – SME) – determination, in accordance with the established procedure, of the needs of the examined person for social protection measures based on an assessment of the limitations of life activity caused by a persistent disorder of body functions;

      4) psychological medical pedagogical counseling (hereinafter – PMPC) – an organization of education, which carries out examination and counseling children, assessment of special educational needs and special conditions for receiving education, determination of an educational program, as well as refers children with disabilities to special psychological and pedagogical support.

      Footnote. Clause 2 – as amended by the order of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated 20.09.2021 No. 340 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

      3. The need for special social services within the guaranteed volume of special social services shall be determined by the social worker on assessment and determination of the need for special social services.

      4. Proceeding from the opinion of the social worker on the assessment and determination of the need for special social services, the local executive bodies shall decide on the provision of special social services.

      5. The types and scope of special social services for individuals (families) in difficult situations, who receive services in medical and social institutions and organizations (hereinafter - MSOs) of a hospital and semi-hospital type shall be determined by the social work professional of this MSO.

      6. Excluded by the Order of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated 20.09.2021 No. 340 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

      7. The criteria for determining the needs of persons (families) in difficult situations in special social services are:

      1) physical dysfunction, determined on the basis of impaired body functions;

      2) social maladaptation;

      3) social deprivation;

      4) dysfunctional social environment (difficult background) characterized by insufficiency or absence of material, economic, social and cultural conditions of life, formation and activity of a person (family).

      8. Need in special social services for persons (families) in difficult situations shall be assessed in accordance with the criteria for determining the need for special social services and based on:

      1) determination of ability for independence at the bodily dysfunctions in accordance with Appendix 1 to these Rules;

      2) determination of ability for independence in social maladaptation, based on individual abilities to learn, work, orientation, communication and the ability to control own behavior in accordance with Appendix 2 to these Rules;

      3) determination of the ability for independence in case of social deprivation, based on individual abilities for self-care and independent solution of this problem by the family in accordance with Appendix 3 to these Rules;

      4) assessment of the social environment, insufficiency or absence of material, economic, social and cultural conditions of life, in accordance with Appendix 4 to these Rules.

      9. The degree of physical dysfunction of persons in difficult situations shall be determined in accordance with the Rules of the socio-medical examination (SME) approved by order No. 44 of the Minister of Health and Social Development of the Republic of Kazakhstan dated January 30, 2015 (registered in the Register of State Registration of Regulatory Legal Acts under No. 10589).

      10. The level of psychophysical and psycho-speech development of children shall be determined by PMPC on the basis of psychological, medical and pedagogical examination.

      11. The results of socio-medical examination and the conclusion of psychological, medical and pedagogical counseling shall be presented by a person in a difficult life situation, or his legal representative or one of his family members:

      1) to local executive bodies – in the event of services rendered to a person (family) who is in a difficult life situation, at home or in an MSO of a semi-hospital type;

      2) to the MSO of a hospital type - with permanent or temporary residence in the MSO of a person in a difficult life situation.

      12. Issuing from the presented SME results and the conclusion of the PMPC, information of the social protection, health, education and internal affairs bodies, taking into account the individual rehabilitation programme for the disabled person, the local executive bodies and social work specialists of the MSO shall determine the volumes of social-welfare, socio-pedagogical, socio-psychological, socio-medical, socio-cultural, socio-labor, socio-economic, socio-legal services proceeding from the level of social maladaptation and social deprivation, based on the extent of physical dysfunction in connection with the social environment conditions.

  Appendix 1
to the Rules for assessment and
determination of the need
  in special social services

Determination of independence at bodily dysfunctions

      Footnote. Appendix 1 - as amended by the order of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated 20.09.2021 No. 340 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

      Surname, name, patronymic (if any) ______________________________________
date of birth _____________________________________________________________
Date of assessment _______________________________________________________________
Ground________________________________________________________________
Assessment of the social worker _______________________________________________
__________________________________________________________________________

No.

Criteria of independence

Degree

Assessment of independence

Mark (+ or -)

1

Ability to self-care

First

Ability to self-care at created necessary conditions


Second

Ability to self-care with the assistance of other people


Third
 

Inability to self-care and full dependence on other people


2

Ability of unassisted movement

First

Ability of unassisted movement using auxiliary aids


Second

Ability of unassisted movement using auxiliary aids and an individual assistant


Third

Inability of unassisted movement
and full dependence on other persons


3

Ability
to learn

First

Ability to learn with the use of assistive devices


Second

Ability to learn with the use of assistive devices at special educational institutions or at home


Third

Inability to learn


4

Ability of labor activity

First

Ability of labor activity in accordance with content
requirements


Second

Partly capable of independent labor activity with other persons’ assistance


Third

Inability for labor activity and full dependence on other persons


  Appendix 2
to the Rules for assessment
and determination of the need
for special social services

Determination of ability of independence in social maladaptation

      Footnote. Appendix 2 - as amended by the order of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated 20.09.2021 No. 340 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

      Surname, name, patronymic (if any) ______________________________________
date of birth _____________________________________________________________
Date of assessment _______________________________________________________________
Ground ________________________________________________________________
Assessment of the social worker _______________________________________________
__________________________________________________________________________


No.

Criteria of independence

Degree

Restrictions of independence

Mark (+ or -)

1

Ability for independent education

First

Ability for independent education in educational institutions of general type with observance of special regime of educational process and/or with the use of assistive devices, and/or assisted by other persons


Second

Ability for independent education only in special educational institutions
or on special programmes at home


Third

Inability for independent education


2

Ability for labor activity
 

First

Ability to independently carry out labor activity, but at reduced skills or reduced volume of production activity, inability
to perform work in his/her profession


Second

Ability to independently carry out labor activity in specially created conditions with the use of assistive devices and/or specially equipped work place, and/or with assistance of other persons


Third

Inability to carry out labor activity independently


3

Orientation ability

First

Ability for independent orientation, but with the use of assistive devices


Second

Ability for independent orientation, requiring assistance of other persons


Third

Inability for independent orientation


4

Communication ability

First

Ability for independent communication, characterized by slow speed, decreased amount of assimilation, receipt and transmission of information


Second

Ability for independent communication with the use of assistive devices and/or assisted by other persons


Third

Inability for independent communication


5

Ability to control own behavior

First

Partial decrease in the ability to independently control own behavior  


Second

Ability to partially or fully independently
control own behavior only with other persons’ assistance  


Third

Inability to independently control own behavior



  Appendix 3
to the Rules for assessment
and determination of the need
for special social services

Determination of ability for independence
at social deprivation

      Full name ______________________

      Date of birth _________________________________________________

      Date of assessment ___________________________________________________

      Ground _____________________________________________________

      Assessment of social worker __________________________________

      _______________________________________________________________

      _______________________________________________________________

No.

Criteria
of independence

Degree

Restrictions
of independence

Mark
(+ or -)

1

Ability
for self-care

First

Partly capable of
self-service


Second

Partly capable of
self-care at other persons’ assistance
 

Third

Inability of
self-care and full dependence
on other people


2

Ability for
independent labor activity

First

Partly capable of
independent labor activity


Second

Partly capable of
independent labor activity
at other persons’ assistance


Third

Inability for
labor activity
and full dependence
on others


  Appendix 4
to the Rules for assessment
and determination of the need
for special social services

Assessment of social environment

      Full name ______________________

      Date of birth _________________________________________________

      Date of assessment ___________________________________________________

      Ground _____________________________________________________

      Assessment of social worker __________________________________

      _______________________________________________________________

      _______________________________________________________________

No.

Assessment of social environment

Note

1

Orphanhood


2

Absence of parental care


3

Physical dysfunction of cohabitating family members


4

Absence of permanent residence of the family


5

Deprivation degree (destituteness) of the family


6

Abusive treatment


7

Chronical diseases and health condition of cohabitating family members
 

8

Bad habits of cohabitating family members: abuse of alcohol, drugs, smoking etc.


9

Attitude to religion


10

Nature of family relations, conflict behavior


11

Parenting style (overprotectiveness, overly control, neglect, lack of care etc.)


12

Willingness of cohabitating family members to participate in educational, developmental process


13

Social and labor characteristics (profession, education of cohabitating family members)


14

Social and household features (distribution of household duties in the family, contribution of the person in difficult life situation to the family, household duties of the person in a difficult life situation)


15

Leisure time of the family (share of the person in a difficult life situation, together with other family members in their free time \ rest)


16

Socio-legal features and problems of the family (legal past and present, socio-legal safety of the person in a difficult life situation in the family)



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