Unofficial translation
Footnote. Became invalid by the order of the Deputy Prime Minister - Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated 29.06.2023 No. 263 (effective from 01.07.2023).In accordance with subparagraph 2) of Article 8 of the Law of the Republic of Kazakhstan "On Special Social Services" I hereby ORDER:
Footnote. The preamble - in the wording of the order of the acting Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated 08.02.2022 No. 49 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).1. To approve the standard for the provision of special social services to victims of human trafficking.
2. The Department of Social Services in the manner prescribed by law to ensure:
1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;
2) within five working days after the state registration of this order in the Ministry of Justice of the Republic of Kazakhstan, sending to the Republican state enterprise on the right of economic management "Republican Legal Information Center 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, its direction for official publication in periodicals and the legal information system "Әdіlet";
4) placing this order on the Internet resource of the Ministry of Health and Social Development of the Republic of Kazakhstan;
5) within ten business days after the state registration of this order in the Ministry of Justice of the Republic of Kazakhstan, submission to the Department of Legal Services of the Ministry of Health and Social Development of the Republic of Kazakhstan and information on the implementation of measures provided for in subparagraphs 1), 2) and 3) of this paragraph.
3. The 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 becomes effective after ten calendar days after the day its first official publication.
|
Acting Minister health and social development of the Republic of Kazakhstan |
B. Nurymbetov |
AGREED
Minister of Education and Science
Republic of Kazakhstan
_______________ E. Sagadiev
February 26, 2016
AGREED
Minister of Internal Affairs
Republic of Kazakhstan
_______________ K. Kasymov
February 25, 2016
| Approved by order of the acting Minister of Health and Social Development of the Republic of Kazakhstan dated February 24, 2016 No. 138 |
Standard for the provision of special social services
to victims of trafficking in persons
Chapter 1. General provisions
Footnote. The Title of chapter 1 - in the wording of the order of the acting Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated 08.02.2022 No. 49 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).
1. The standard for the provision of special social services to victims of human trafficking (hereinafter referred to as the standard) has been developed in accordance with the Law of the Republic of Kazakhstan "On special social services."
Footnote. Paragraph 1 - as amin the wording of the order of the acting Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated 08.02.2022 No. 49 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).2. This standard establishes the scope and requirements for the terms and procedure for the provision of special social services in organizations that provide special social services of state and non-state forms of ownership (hereinafter referred to as the organization) intended for a day stay (from one hour to four hours per day), temporary round-the-clock (up to 6 months) or long-term residence (in case of renewal of the contract) to victims of human trafficking (hereinafter referred to as recipients of services), determines the order of activity of organizations, conditions ia the provision, termination (suspension) of the provision of special social services.
3. Terms and definitions used in this standard:
1) a victim of trafficking in persons - an individual in respect of whom there is reason to believe that he was directly affected by the lawyer of the ruling related to trafficking in persons, regardless of the fact of initiation of criminal proceedings regarding the committed actions;
2) identification of a victim of trafficking in persons - referring a person to victims of ill-treatment that led to social de- adaptation and social deprivation as a result of actions related to trafficking in persons, including minors, other types of exploitation, as well as kidnapping, according to the Criteria for assessing availability zhestokog of treatment, leading to social exclusion and social deprivation, approved by joint order of the Minister of internal Affairs of the Republic of Kazakhstan dated September 22, 2014 № 630, the Minister formed I and Science of the Republic of Kazakhstan dated September 26, 2014 ode to number 399, and the Minister of Health and Social Development of the Republic of Kazakhstan dated November 19, 2014 № 240 (registered in the Register of state registration of normative legal acts number 10013) (hereinafter - the criteria);
3) resocialization - a complex of psychological, pedagogical, professional and legal measures aimed at restoring interrupted or weakened social circumstances of an individual, as well as other measures aimed at the reintegration of victims of human trafficking into the family and society.
4. Organizations are created in the form of:
1) rehabilitation center for victims of trafficking in persons;
2) a center for social assistance to victims of human trafficking;
3) a shelter for victims of trafficking;
4) other organizations providing services to victims of trafficking in persons.
5. Organizations shall accept individuals, including minors, from among the citizens of the Republic of Kazakhstan, as well as foreigners permanently residing in the territory of the Republic of Kazakhstan and stateless persons identified and identified as victims of human trafficking, including for various reasons those who shall not have identity documents, unless otherwise provided for by international treaties ratified by the Republic of Kazakhstan.
Footnote. Paragraph 5 - in the wording of the order of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated 22.09.2022 No. 383 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).6. Medical contraindications to finding recipients of services in organizations are the presence of:
1) mental illness, accompanied by behavioral disorders that are dangerous for the patient himself and others;
2) tuberculosis in the active stage of the process, infectious diseases, quarantine infections, contagious diseases of the skin and hair;
3) the state of alcoholic, narcotic intoxication;
4) the terminal (final) stage of the disease, which requires palliative care and nursing services ;
5) other diseases and (or) injuries requiring inpatient treatment in specialized medical organizations.
Persons with the above medical contraindications are subject to referral to the appropriate healthcare organization.
Chapter 2. Tasks and functions of the organization
Footnote. The Title of chapter 2 - in the wording of the order of the acting Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated 08.02.2022 No. 49 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).
7. The main objectives of the organization are:
1) identification of the victim of trafficking in persons;
2) providing protection and assistance through the provision of services in accordance with an individual plan;
3) assistance to the process of resocialization of the recipient of services in society;
4) ensuring security measures during the stay and residence of the recipient of services;
5) maintaining the confidentiality of the identity of the recipient of services and his private life.
8. The main functions of the organization are:
1) reception and (or) accommodation of recipients of services, carrying out measures for re-socialization;
2) when placing the recipient of services, providing a bed, providing bedding, personal hygiene items, and, if necessary, underwear, clothes and shoes;
3) the creation in the organization of a favorable moral and psychological climate;
4) the provision of special social services in accordance with this standard;
5) informing recipients of services about the volumes and types of special social services, the organization’s internal rules;
6) improving the organization of labor and increasing staff validation;
7) the implementation of the financial and economic activities of the organization;
8) interaction with local executive bodies, bodies of education, health care, social protection, internal affairs, justice, foreign affairs, with non-governmental organizations, Embassies of the recipient countries of services and other bodies to address the issues of re-socialization, restoration of civil, property and other rights of recipients services;
9) other functions in accordance with the constituent documents of the organization.
Chapter 3. Conditions of admission to the organization and identification of victims of trafficking in persons
Footnote. The Title of chapter 3 - in the wording of the order of the acting Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated 08.02.2022 No. 49 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).
9. Admission of service recipients to the organization to provide them with special social services at the expense of budgetary funds is carried out by organizations upon the application of the service recipient in the form in accordance with Appendix 1 to this standard or the written direction of the district (city) authorized bodies of employment and social programs (hereinafter - the authorized body ), internal affairs at the place of actual location of the recipient of services (within one business day from the moment he is recognized as a victim of trafficking in persons).
10. The organization, on the basis of the application of the recipient of services, within one business day from the date of the request, together with the authorized body, identifies the victim of trafficking in persons in accordance with the Criteria .
11. If an offense related to human trafficking is detected (discovered) by the internal affairs bodies, the identification of the victim of human trafficking is carried out by the internal affairs bodies together with the authorized body and organization.
Footnote. Paragraph 11 - in the wording of the order of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated 23.08.2022 No. 325 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).12. Identification is carried out in the form of a conversation with a personal contact (hereinafter - the conversation). Based on the identification results, an evaluation sheet is filled out in accordance with Appendix 2 to this standard.
13. The following requirements are presented for the conversation :
1) the place of the conversation is the organization where the identified person is located, the place of work of the person authorized to identify the person, other premises;
2) the chat room is safe, isolated, bright and warm;
3) during a conversation, an authorized specialist is not distracted by other work, answers to phone calls, conversations with other persons.
13-1. If a pre-trial investigation is initiated on the fact of trafficking in people, including minors, other types of their exploitation, as well as kidnapping of people and the person is recognized as a victim, his identification is not required in accordance with Annex 2 to this standard.
Footnote. The standard as added by paragraph 13-1 in accordance with the order of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated 23.08.2022 No. 325 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).14. In the event that the person applying to the organization is identified as a victim of trafficking in persons, the organization within one business day sends an evaluation sheet together with his application to the authorized body for permission to provide special social services.
If the applicant is not identified as a victim of trafficking in persons, then he is denied the provision of special social services.
14-1. Based on the assessment of the presence of ill-treatment, a report shall be prepared in accordance with Annex 8 to this standard.
Footnote. The standard as added by paragraph 14-1 in accordance with the order of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated 23.08.2022 No. 325 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).15. Within three working days from the date of receipt of the assessment sheet and application, the authorized body issues a permit for the provision of special social services and within one business day from the date of approval, sends it to the organization.
The organization, within one business day from the date of receipt of the permit, enters into a resocialization agreement (hereinafter referred to as the agreement) with the service recipient on the basis of a standard resocialization agreement in the form in accordance with Appendix 3 to this standard.
16. The contract is valid for 6 months. The extension of the Agreement is carried out on the following grounds, but not more than for three months:
1) the criminal case against the recipient of services is not completed by the proceedings;
2) the recipient of services is in hospital treatment in a medical organization.
17. If at the time of the treatment of the person there were minor children, in respect of whom he is the legal representative, then admission to the organization is carried out together with the children.
18. Children entering with parents or other legal representatives are counted as separate recipients of services.
19. In the absence of legal representatives from the child, the organization takes away the guardianship authorities and transfers the child to the Center for Adaptation of Minors.
20. A person entering the organization is subject to registration.
The organization’s specialists fill out the registration card of the service recipient in the organization in the form in accordance with Appendix 4 to this standard.
Within one working day after filling out the registration card of the recipient of services, the specialist of the organization of temporary stay and residence shall enter data from the registration card of the recipient of services into the portal of social services.
Footnote. Paragraph 20 as amended by the order of the Acting Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated 08.02.2022 No. 49 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).21. The organization, in case of refusal of the recipient of services to submit an application to the internal affairs bodies, independently within three working days sends information to the internal affairs bodies about the fact of treatment related to human trafficking, taking into account the confidentiality of personal data of the recipient of services.
Chapter 4. Conditions of stay and residence in the organization
Footnote. The Title of chapter 4 - in the wording of the order of the acting Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated 08.02.2022 No. 49 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).
22. All residential, office and industrial premises of the organization comply with sanitary and epidemiological standards , requirements for the safety of buildings, including fire safety in accordance with the Decree of the Government of the Republic of Kazakhstan dated November 17, 2010 No. 1202 “On approval of technical regulation“ Safety requirements buildings and structures, building materials and products. "
23. The founder provides the technical equipment of the organization.
24. The building of the organization is equipped with special devices for the convenience of living, providing unhindered access to it, movement indoors and in the territory adjacent to the building in accordance with building codes and rules.
25. The organization draws up a book of complaints and suggestions, which is kept by the head of the organization and presented at the first request of the recipients of services and visitors.
26. The book of complaints and suggestions is reviewed by the head of the organization on a monthly basis.
Chapter 5. Identification of the needs of recipients of services in special social services and development of a resocialization agreement
Footnote. The Title of chapter 5 - in the wording of the order of the acting Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated 08.02.2022 No. 49 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).
27. The needs (types and volumes) of special social services are determined by a specialist in social work, a psychologist and other specialists of the organization (hereinafter - the specialists of the organization).
The staffing standards of the organization’s personnel are formed taking into account the needs and possibilities of the budget in compliance with the minimum staffing standards of the personnel in organizations established in Appendix 5 to this standard.
Assessment and determination of the need is carried out after the organization’s specialists monitor the recipients of services within three calendar days after the conclusion of the contract.
28. When assessing and determining needs, the results of identification and the opinion of the recipient of services are taken into account.
29. Based on the results of the needs assessment of service recipients, within three working days, the organization’s specialists develop an individual work plan in the form in accordance with Appendix 6 to this standard for each service recipient (hereinafter referred to as the individual plan) for the term of the contract or within one business day from the day expiration of the previous individual plan and approved by the head of the organization.
30. Monitoring the implementation of an individual plan is carried out by a specialist in social work or a person authorized to conduct monitoring by the organization’s management.
31. The organization’s specialists reflect the activities and results of the quarterly monitoring in the journal (electronic file cabinet) on the implementation (monitoring) of the individual plan (hereinafter referred to as the journal (electronic file cabinet) in the form in accordance with Appendix 7 to this standard. The journal (electronic file cabinet) is kept separately on each recipient of services.
32. In the event of a change in the status of the recipient of services or a situation arising that contributes to the implementation of an individual plan activity earlier (or later) the stipulated time, the individual plan must be adjusted.
33. The quality of work of the organization’s specialists is assessed by the head of the organization or the authorized body according to the number of resocialized recipients of services based on the results of the contract term.
34. In the absence of the necessary specialists stipulated by the staff standards in the organization established in Appendix 5 to this standard, the involvement of specialists on a contractual basis is allowed .
35. Each specialist of the organization is involved in the provision of special social services in accordance with the job description and individual plan. The results of the measures taken are quarterly recorded in a journal (electronic file cabinet).
36. For the quality performance of official duties in relation to all specialists of the organization, regular monitoring is carried out by the administration of the organization.
37. Recipients of services are accommodated in rooms taking into account their state of health, gender, psychological compatibility and degree of relationship.
38. The order of stay and residence in the organization is determined by the internal rules approved by the head of the organization.
Chapter 6. Conditions for the provision of special social services in the organization
Footnote. The Title of chapter 1 - in the wording of the order of the acting Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated 08.02.2022 No. 49 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).
39. Prior to conclusion of an agreement on re-socialization, persons recognized as victims of trafficking in persons shall be provided with general services in the following volume:
1) temporary accommodation of recipients of services with the provision of food;
2) conducting an initial medical examination and the provision of pre-medical care;
3) the creation of conditions for self-service (washing, drying, ironing, washing dishes, cleaning the premises of organizations) and the implementation of sanitary-hygienic procedures (showers or in bathrooms, bathrooms);
4) the provision of a bed with the provision of bed linen, clothing and basic necessities.
40. The recipient of services who concluded an agreement on re-socialization receives special social services in the following volume and types in accordance with an individual plan:
1) social services:
reception and (or) accommodation of recipients of services;
provision of a bed with the provision of bed linen, clothing and basic necessities;
the provision of premises equipped with furniture and (or) specialized equipment for rehabilitation, medical, educational, cultural events, the organization of medical and labor activities, self-care and home orientation;
creation of conditions for self-service (washing, drying, ironing, washing dishes, cleaning the premises of organizations) and the implementation of sanitary and hygienic procedures (showers or bathrooms, bathrooms);
assistance in sending to the former place of residence by purchasing travel documents and providing food products while traveling, as well as payment of travel expenses to the social worker in cases when he accompanies the recipient of services to the place of residence;
provision of food in accordance with the subsistence food standards of persons served in medical and social institutions, rehabilitation centers, educational institutions for children with disabilities, territorial social service centers, day care centers, social adaptation centers approved by the authorized body in the field of social protection of the population on the basis of paragraph 2 of Article 69 of the Budget Code of the Republic of Kazakhstan;
the provision of transport services for the transportation of recipients of services for treatment, rehabilitation, training, participation of recipients of services in cultural and leisure activities;
assistance in writing and reading letters (if necessary);
persons with difficulties in movement and foreigners are provided with escort authority (if necessary) to their destination.
Requirements for the quality of the provision of social services:
the premises provided in size and other indicators (condition of buildings and premises, their comfort) comply with sanitary and hygienic standards , the requirements of clause 22 of this standard and ensure the convenience of living for service recipients. When placing service recipients in residential premises (rooms), their health status, age characteristics, physical and mental state, inclinations, psychological compatibility, level of personal development, socialization and degree of relationship are taken into account.
The premises provided for the organization of social and labor activities, cultural and consumer services, in terms of size, location and configuration, ensure that they carry out all the above-mentioned events, taking into account the specifics of the recipients of services;
the rooms of the organization’s specialists are equipped with the necessary furniture and equipment;
for each specialized office a passport is filled out, issued in any form;
furniture, equipment, upholstered equipment provided for use by service recipients is in accordance with the regulatory documents on standardization in the field of technical regulation in force in the Republic of Kazakhstan;
clothes, shoes, underwear and other essentials provided to service recipients are comfortable to wear, correspond to the sex, height and size of service recipients, meet sanitary standards and requirements;
food is prepared from benign products, meets the requirements of balance and calorie content, meets sanitary and hygienic requirements and is provided taking into account the health status of the recipients of services;
when transporting the recipient of services by road for treatment, training, the standards and rules for the operation of vehicles, road safety requirements are observed ;
2) social and medical services:
conducting an initial medical examination and primary sanitary treatment;
the provision of pre-medical care, assistance in hospitalization and accompaniment of recipients of services in need of treatment, in the organization of health care ;
assistance in the preparation of documents for referral to a forensic medical, medico-social , drug treatment and psychiatric e kspertizu;
assistance in obtaining a guaranteed volume of free medical care;
assistance in providing, upon the conclusion of doctors, medicines and products of medical supplies for other purposes;
assistance in medical counseling by specialized specialists, including from health organizations;
conducting medical manipulations in accordance with the standards in the field of health care as prescribed by the attending physician.
Requirements for the quality of the provision of social and medical services:
assistance in obtaining a guaranteed volume of free medical care is carried out in the framework provided for by legislative and regulatory legal acts in the field of healthcare;
medical manipulations are carried out with the utmost accuracy and caution without causing any harm to the recipients of services;
the provision of pre-medical medical care shall be carried out in accordance with the Rules for the provision of pre-medical medical care, approved by order of the Minister of Healthcare of the Republic of Kazakhstan dated November 30, 2020 No. PK HCM-223/2020 (registered in the Register of State Registration of Regulatory Legal Acts under No. 21721);
hospitalization or assistance in the hospitalization of recipients of services in a healthcare organization is carried out promptly and in a timely manner;
carrying out propaganda of a healthy lifestyle. Individual work with recipients of services for the prevention of bad habits and their elimination is aimed at explaining the harmfulness of bad habits (drinking alcohol, drugs, smoking), the negative results that they lead to, and is accompanied by the necessary recommendations for preventing or overcoming these habits , depending on specific circumstances;
assistance in preparing documents for referral to medical, social , forensic, narcological and psychiatric examination is timely and in full;
assistance in providing, upon the conclusion of doctors, medicines and medical devices contributes to its own on-line prevention and treatment of diseases, injuries, recipients of services;
assistance in obtaining advice from specialized specialists of healthcare organizations ensures timely detection and treatment of diseases among service recipients;
3) socio- psychological services:
psychological diagnostics and personality examination;
socio-psychological patronage (systematic observation);
psychoprophylactic work with recipients of services;
psychological counseling;
emergency psychological assistance ;
providing psychological assistance to recipients of services, including conversations, communication, listening, encouraging, motivation for activity;
psychological trainings;
psychological correction of service recipients;
conducting classes in mutual support groups, communication clubs .
Requirements for the quality of the provision of socio-psychological services:
psychological counseling provides qualified service recipients with assistance in establishing interpersonal relationships to prevent and overcome conflicts. Psychological counseling on the basis of information received from the recipient of the services and discussing social and psychological problems with him helps to uncover and mobilize internal resources and solve these problems;
The psychological diagnosis of service recipients is based on a psychodiagnostic package developed by the organization’s psychologist. Psychodiagnostics and personality examination based on the results of determining and analyzing the mental state and individual personality characteristics of service recipients that affect deviations in their behavior and relationships with people around them, provide the necessary information for making a forecast and developing recommendations for corrective actions;
psychological correction, as an active psychological effect, provides for overcoming or weakening deviations in behavior, emotional state of service recipients (unfavorable forms of emotional response and stereotypes of individual behavior, conflict relationships and other deviations in behavior), which allows bringing these indicators into line with age norms and requirements of the social environment;
psychological trainings, as an active psychological effect, are assessed by their effectiveness in removing the consequences of ps from traumatic situations, psychological tension, instilling socially valuable norms of behavior for people overcoming antisocial forms of life, the formation of personal prerequisites for adaptation to changing conditions;
socio-psychological patronage based on systematic monitoring of service recipients ensures the timely identification of situations of mental discomfort, personal (intrapersonal) or interpersonal conflict and other situations that can aggravate the difficult life situation of service recipients and provide them with the socio-psychological assistance that is currently needed;
Attracting recipients of services to classes in mutual support groups, communication clubs provides assistance to recipients of services in ways of discomfort, maintaining and strengthening mental health, increasing stress resistance, the level of psychological culture, primarily in the field of interpersonal relations, conflict resolution and communication ;
emergency psychological assistance provides immediate psychological counseling to service recipients, assistance in mobilizing their physical, spiritual, personal, intellectual resources for overcoming the crisis, expanding the range of acceptable means for them to independently solve problems and overcome difficulties, and strengthen self-confidence;
psychoprophylactic work contributes to the formation of needs of service recipients in psychological knowledge and the desire to use them to work on themselves and their problems, creates the conditions for the full mental development of the person at each rehabilitation stage, timely prevention of possible violations in personality development;
conversations, communication, listening, encouraging, motivation for activity, psychological support of vitality ensure the strengthening of the mental health of the recipients of the services, increase their stress resistance and mental protection;
4) social and educational services:
assistance in minor children undergoing psychological, medical and pedagogical consultation at the location of the organization;
development of social and pedagogical measures, taking into account the recommendations of the conclusion of psychological, medical and pedagogical consultation and;
organization and conduct of classes on the transformation of value guidelines, attitudes and behavioral skills;
assistance in the inclusion of minor children in the educational process in the home at home in the event of a temporary round-the-clock or long stay in the organization;
assistance in obtaining children with a delay and impaired development of the guaranteed volume of correctional development assistance in psychological and pedagogical correction rooms or rehabilitation centers, organizations or at the location of the organization;
assistance in obtaining education for recipients of services, taking into account their physical abilities and mental abilities.
Requirements for the quality of the provision of social and educational services:
socio-pedagogical diagnosis in a psychologist about medical-pedagogical consultation makes it possible to determine the direction and content of educational and pedagogical work with the child in an organization;
conducting classes on the transformation of values, attitudes and behavioral skills ensures the prevention of repeated cases of violence;
the development of socio-pedagogical measures, taking into account the recommendations of the conclusion of psychological-medical-pedagogical consultation, ensures the construction of socio-pedagogical work with the child, taking into account the recommendations of qualified specialists and the needs of the child;
the inclusion of children in the general educational process is carried out by the comprehensive school at the location of the organization and is provided in the form of home-based education, taking into account the safety of the child;
providing children with textbooks and school supplies is carried out by the organization of education;
5) social and labor services:
conducting activities to examine the existing work skills of service recipients;
Professional assistance cial orientation and counseling;
assistance in conducting activities to train service recipients in accessible professions and practical skills, including through medical and labor activities, public work with safety measures.
Requirements for the quality of the provision of social and labor services:
measures to examine the existing labor skills of service recipients are carried out taking into account their individual characteristics, degree of restriction in opportunities, physical and mental state of service recipients;
in order to form labor skills, knowledge and skills, service recipients, based on their individual needs, are assigned medical and labor activities that ensure the active participation of service recipients in training activities for accessible professional skills that contribute to the restoration of their personal and social status;
carrying out socially useful work is carried out on the territory of the organization, full-time employment in the offices of the organization and ensures the creation of conditions to engage service recipients in various forms of life, taking into account their health status;
measures to train accessible professional skills contribute to the restoration of the personal and social status of the recipient of services;
vocational guidance of recipients of services without a vocational education is accompanied by activities that can help them in choosing a profession;
6) social and cultural services:
organization of holidays and leisure activities;
organization of circle work;
involvement of service recipients in cultural and leisure activities with security measures;
providing the opportunity to communicate with relatives, friends, specialists by phone or skype via telephone and (or) the Internet in the presence of specialists.
Requirements for the quality of the provision of socio-cultural services:
cultural and leisure activities are carried out according to the plan approved by the head of the organization ;
organization of a circle and leisure activities, aimed at meeting the socio-cultural and spiritual needs of service recipients;
attracting service recipients to the development of projects of the concert program and scenarios of events helps to expand the general and cultural horizons, increase the creative activity of service recipients;
providing the opportunity to communicate with relatives, friends, specialists via telephone and (or) the Internet in the presence of specialists provides faster and more effective solution to the issues of preventing recurrence of aggression, protecting property, civil and other rights of the recipient of services;
7) socio-economic services:
assistance in obtaining benefits, benefits, compensation, alimony and other payments, improving housing conditions in accordance with the Laws of the Republic of Kazakhstan "On state social benefits for disability and in the event of loss of a breadwinner in the Republic of Kazakhstan," "On special state benefits in the Republic of Kazakhstan," "On state targeted social assistance," "On state benefits for families with children" and other regulatory legal acts of the Republic of Kazakhstan.
Requirements for the quality of the provision of socio-economic services:
sodeys tvie recipients of services to obtain benefits, benefits, compensation and other payments, and housing provides a timely, complete, efficient and effective assistance in dealing with issues of interest to the recipients of services;
8) social and legal services:
legal advice in the provision of special social services and on issues related to civil, family, property and property rights, restoration of documents, return to the place of permanent residence, recovery of alimony , compensation for damage caused, social security in accordance with the legislation of the Republic of Kazakhstan;
assistance in cooperation with law enforcement and judicial authorities in the framework of the investigation of the facts of human trafficking, court proceedings and enforcement;
assistance in access to diplomatic and consular missions of the state on nationality;
assistance in the preparation of documents of legal importance;
registration at the place of stay and restoration of housing rights;
assisting in the preparation and filing of applications (appeals, appeals) to the Embassies, bodies and institutions of foreign affairs, internal affairs , justice, healthcare, social protection, education;
rendering assistance in preparing and submitting applications for action or inaction of organizations providing special social services and violating or infringing on the legal rights of service recipients;
assistance in obtaining benefits and benefits established by law, social benefits;
registration of powers of attorney to represent the interests of the recipient of services;
translation of documents, forms and case materials into the mother tongue of the recipient of services;
providing an interpreter during medical examinations, in court, when resolving issues in state bodies and institutions (if possible, of the same sex as the recipient of services);
representation of the interests of the recipient of services in judicial investigative bodies and institutions.
Requirements for the quality of the provision of social and legal services:
advising service recipients on issues related to the right to receive special social services and protecting their interests gives a complete picture of the rights established by law and ways of protection against possible violations;
advising recipients of services on issues of civil, housing, family, labor, pension, criminal law and other issues gives them an idea of the legislative acts and rights they are interested in in the issues raised;
assistance in preparing and sending documents (statements, complaints, certificates and other documents) to the appropriate recipients provides a practical solution to issues related to the restoration (protection) of the rights and interests of service recipients;
the presence of an interpreter during medical examinations, in court, when resolving issues in state bodies and institutions ensures the inclusion of the recipient in the process of solving problems, increases his ability to prevent re- aggression.
Footnote. Paragraph 40 as amended by orders of the Acting Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated 08.02.2022 No. 49 (shall enter into force upon expiry of ten calendar days after the day of its first official publication); dated 22.09.2022 No. 383 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).Chapter 7. Conditions for completion, termination of the provision of special social services and deduction of recipients of services from the organization
Footnote. The Title of chapter 1 - in the wording of the order of the acting Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated 08.02.2022 No. 49 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).
41. The completion of the provision of special social services by an organization is carried out on the following grounds:
1) upon a written application of service recipients in any form;
2) in case of termination or expiration of the contract;
3) in case of early fulfillment of the terms of the contract;
4) in case of execution of measures of the individual plan ahead of schedule.
42. The provision of special social services by an organization is terminated in the event of medical contraindications specified in clause 6 of this standard.
In such cases, the recipient of services is subject to referral or transfer to the appropriate medical organizations, organizations of social protection of the population in the manner prescribed by law.
43. Recipients of services are subject to deduction with the termination of the contract in the following cases:
1) in case of systematic (more than three times ) violation of the internal regulations, including the carrying and use of narcotic substances, alcohol, spoilage of inventory and other property, the commission of illegal actions;
2) upon unauthorized departure of the recipient of services from the territory of the organization and the absence of more than three days, which did not inform the administration of the organization.
A person who has left the territory of the organization, is recovering on a general basis in accordance with Chapter 3, n Astoyan standard, and were unable to report it for valid reasons (the detention authorities Interior, being in a health care facility, the implementation of a crime against a recipient of services, etc.) - is subject to recovery th immediately;
3) in cases of unjustified insults and charges, failure to fulfill the terms of the contract by the recipient of services.
The provision of special social services is suspended for the period the recipient is in the health care facility.
44. The completion, termination, deduction, referral or transfer of recipients of services to another organization is carried out on the basis of the order of the head of the organization.
45. Upon completion, termination, expulsion, referral or transfer to another organization, service recipients are given personal and fixed clothes and shoes for the season, their values (documents) stored in the organization.
| Annex 1 to the Standard for the provision of special social services to victims |
|
| of trafficking | |
| form |
To the Head of the organization
_________________________________________________________________________
(name of the organization)
_________________________________________________________________________
(Surname, first name, patronymic (if any) of the manager)
from _______________________________________________________________________
_________________________________________________________________________
Application
Footnote. Annex 1 – in the wording of the order of the acting Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated 08.02.2022 No. 49 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).
I hereby ask you to admit me (and the child (children) * to an organization providing special social services to victims of human trafficking for resocialization.
I hereby consent to the collection and processing of my personal data necessary for the provision of special social services.
The terms of admission, accommodation, deduction, termination of services in the organization and the Rules of the internal regulations shall be familiarized with (a). I am also alerted to the facts of providing knowingly false information about myself.
__________ "____" ,____ 20 ___________________________________
(Surname, first name, patronymic (if any) and signature of the applicant)
* if necessary, indicate family or other relations, surname, first name, patronymic (if any), date of birth
| Annex 2 to the Standard for the provision of special social services to victims |
|
| of trafficking | |
| form |
Evaluation sheet ___________________________________________________________ (Surname, first name, patronymic (if any) of the person being evaluated)
Footnote. Annex 2 – in the wording of the order of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated 23.08.2022 No. 325 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).
№ | List of criteria for assessing the presence of ill-treatment in human trafficking, including minors, other types of their exploitation, as well as kidnapping | Indicators of assessment of the presence of ill-treatment in human trafficking, including minors, other types of their exploitation, as well as kidnapping (points) |
1 | The purpose of trafficking in persons, including minors, other types of their exploitation, as well as kidnapping | |
2 | Sex trafficking/sexual exploitation | |
3 | Forced labour trafficking/forced labour | |
4 | Trafficking in minor children for the purpose of illegal adoption | |
5 | Human trafficking to force begging/forcing begging | |
6 | Trafficking in persons for the illegal seizure of human organs and tissues | |
Total per block | ||
7 | Actions committed against a person | |
8 | Purchase and sale, other transactions (gift, change, exchange, lease, leaving a person as security for the fulfillment of a transaction obligation, transfer of a person in order to obtain any benefits of a non-material nature, etc.) | |
9 | The use of forced labor, that is, any work or service required of a person by the use of violence or the threat of its use, for the performance of which this person has not voluntarily offer his services, except for cases provided for by the Laws of the Republic of Kazakhstan | |
10 | The use by the perpetrator of prostitution by another person or other services provided by him for the purpose of appropriating the income received, as well as forcing the person to provide sexual services without prosecuting the perpetrator for the purpose of obtaining material benefits | |
11 | Forcing a person to engage in begging, that is, to commit an antisocial act related to begging other persons for money and (or) other property | |
12 | Other actions related to the exercise of the guilty powers of the owner in relation to a person who, for reasons beyond his control, cannot refuse to perform work and (or) services for the guilty and (or) other person | |
13 | Recruitment - obtaining the consent of the victim to perform any work or any activity, including illegal, if this is due to the purpose of its operation | |
14 | Transportation - intentional actions committed for the purpose of human exploitation to move it from one place to another, including within the same settlement | |
15 | Transfer - direct transfer to the injured person for its operation | |
16 | Concealment - concealment of the victim from law enforcement agencies, relatives and other persons (for example, concealment in special premises, preventing access to a particular territory, drug suppression of physical or mental activity) | |
17 | Receipt - direct receipt of a person for its operation or further transfer | |
18 | Abduction for exploitation | |
19 | Unlawful deprivation of liberty for the purpose of exploitation | |
Total per block | ||
20 | Funds used in relation to a person | |
21 | The use of violence dangerous to life and health or the threat of its use | |
22 | Use of weapons or items used as weapons | |
23 | Cheating or breach of trust | |
24 | Use of your official position | |
25 | Use of material or other dependency | |
26 | Use of a mental disorder or helpless condition | |
27 | Seizure, concealment or destruction of identity documents | |
Total per block | ||
28 | Harm caused to the person | |
29 | Beatings or other violent acts that caused physical pain, but has not entail consequences | |
30 | Physical or mental distress caused by systematic beatings or other violent acts | |
31 | Non-life-threatening harm to health caused by long-term health disorder | |
32 | Harm to human life resulting in loss of vision, speech, hearing or any organ, or loss of the body of its functions, or resulting in indelible disfiguration of the face, as well as other harm to health caused by a health disorder, or resulting in termination of pregnancy, mental disorder, drug addiction or substance abuse | |
Total per block | ||
Total result | ||
_____________________________________________________________
(Surname, first name, patronymic (if any) of the person being evaluated)
Recognized as victims of ill-treatment as a result of actions related to trafficking in persons, other types of their exploitation, as well as kidnapping.
______________________________________________________________
(Surname, first name, patronymic (if any) of the person being evaluated)
Not recognized as victims of ill-treatment as a result of actions related to trafficking in persons, other types of their exploitation, as well as kidnapping.
________________________________________________________________________
(signature) (surname, first name, patronymic (if any) of the person being evaluated, date)
Specialist of the organization ___________________________________________________
(signature) (surname, first name, patronymic (if any), position, date)
Representative of the district (city) authorized body of employment and social programs
___________________________________________________________
(signature) (surname, first name, patronymic (if any), position, date)
Representative of the internal affairs body _________________________________________
(signature) (surname, first name, patronymic (if any), position, date)
| Annex 3 to the Standard for the provision of special social services to victims |
|
| of trafficking | |
| form |
Standard resocialization agreement
Footnote. Annex 3 – in the wording of the order of the acting Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated 08.02.2022 No. 49 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).
________________________________________________________ represented by
(name of the entity)
__________________________________________________________________,
(hereinafter referred to as the organization) on one side and _______________________________
(hereinafter referred to as the service recipient) on the other side, collectively referred to as the Parties, have entered into this agreement as follows:
1. Subject matter of the contract
The recipient of services shall be provided with special social services aimed at resocialization (restoration of lost social status).
2. Rights and obligations of the parties
2.1. Responsibilities of the organization:
1) familiarize the recipient of services with the conditions for the provision of special social services;
2) provide special social services in the prescribed scope;
3) respect the recipient of services, prevent rudeness, neglect of their duties.
2.2. Rights of the Organization:
1) monitor the stay of the recipient of services in the Organization;
2) request the necessary information for..................;
3) terminate the contract unilaterally in case of non-fulfillment or evasion of obligations on the part of the recipient of services.
2.3. Responsibilities of the service recipient:
1) take an active part in the process of resocialization;
2) respect the personnel of the organization;
3) comply with the terms of this agreement.
2.4. Recipient rights:
1) receive information on the resocialization process;
2) terminate the contract unilaterally in case of non-fulfillment or evasion of obligations on the part of the organization.
3. Termination terms
3.1. This agreement shall be subject to termination on the grounds provided for in paragraph 43 of the Standard for the provision of special social services to victims of trafficking in persons, approved in accordance with Article 8, paragraph 2, of the Law of the Republic of Kazakhstan "On special social services."
4. Final provisions
The agreement shall be made in two copies, one for each of the parties.
Head of the organization __________________________ ______________
(Last name, first name, patronymic (if any)) (signature)
Service recipient __________________________________ _____________
(Last name, first name, patronymic (if any)) (signature)
Note: This agreement shall be exemplary.
| Annex 4 to the Standard for the provision of special social services to victims |
|
| of trafficking | |
| form |
Registration card for the service recipient
Footnote. Annex 4 – in the wording of the order of the acting Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated 08.02.2022 No. 49 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).
1. Last name ____________________________________________________
2. Name of the ________________________________________________________
3. Patronymic (if any) ____________________________________
4. Paul ________________________________________________________
5. Date of birth _______________________________________________
6. Nationality (may not be specified) __________________________
7. Birthplace of _____________________________________________
8. Address of the last registration at the place of residence (registration)
______________________________________________________________
9. Available document: Passport/ID (Please note)
document type | Number/batch | date of issue | validity period | Issued by |
Certificate | ||||
passport |
10. Individual Identification Number
________________________________________________
11. Education _________________________________
12. Occupation
13. Data on close relatives _______________
№ r/n | Degree of kinship | Surname, first name, patronymic (if any) | date of birth | residence |
14. Criminal record
№ r/n | Article of the Criminal Code | term of service | service time | where |
15. Past diseases (tuberculosis, hepatitis, etc.) ______________________________________________________________
16. Condition of health __________________________________________
17. The organization that sent the citizen _______________________________________________________________
18. Whether in fact reported to the territorial bodies
internal affairs _______________________________________________________________
19. Personal signature of a citizen ___________________________________
20. Date of ________________________________________________________
21. Surname, first name, patronymic (if any), signature of the organization's specialist,
filling out the card ___________________________________________
| Annex 5 to the Standard for the provision of special social services to victims of trafficking |
Minimum staffing standards in the organization
No. |
Name | Number of service recipients | |
up to 20 | 20 - 50 | ||
1 | Director | 1 | 1 |
2 | Chief Accountant | 1 | 1 |
3 | HR clerk (inspector) | 1 | 1 |
4 | Lawyer | 1 | 2 |
5 | Psychologist | 1 | 2 |
6 | Social Work Specialist | 1 | 1,5 |
7 | Social Work Advisor | 1 | 1,5 |
8 | Carer (if there are children) | 1 unit for 10 children | |
9 | Senior nurse | 1 | 2 |
10 | Occupational Therapy Instructor (Labor Training Teacher) | 1 unit per training group | |
eleven | Cultivator | 1 | 1 |
| Appendix 6 to the Standard for the provision of special social services to victims of trafficking |
|
| The form | |
| I approve | |
| ____________________________(Surname, name, patronymic (if any) | |
| and signature of the head of the organization) | |
| from "___" ________ _______ years |
_____________________________________________________
(name of company)
Individual work plan
Surname, name, patronymic (if any) of the recipient of services
_____________________________________________
Date and year of birth __ _______________________________________________
Date of admission to the organization ___________________________
Observation of the recipient of services was carried out from ______ to __________
An individual work plan has been developed for the period from _____ to __________
Scheduled events according to individual
the needs of the recipient of services (indicate the types and volume of services provided
services):
No. | Types of services |
Scope of services (name |
Surname, name, patronymic (if any) and signature |
the date |
1 | 2 | 3 | 4 | 5 |
1 | social | |||
2 | socio-medical | |||
3 | socio-psychological | |||
4 | socio-pedagogical | |||
5 | social labor | |||
6 | socio-cultural | |||
7 | socio-economic | |||
8 | social and legal | |||
Date of revision of the individual work plan “___” _______20__
Organization Specialist __________________________ __________________
(signature) (Surname, name, patronymic (if any), date)
| Annex 7 | |
| to the Standard for the provision of special social services to victims of trafficking |
The form
Magazine (electronic file cabinet) on execution
(monitoring) of the recipient’s individual work plan
Surname, name, patronymic (if any) of the recipient of services
_____________________________________________
Date and year of birth _________________________________________________
Monitoring of an individual work plan developed for the period
_______ to ________
Recipient observation period: from ________ to _________
No. |
Recipient Status Marks |
Decision on |
the date |
Surname, name, patronymic (if any) and signature | |
are available |
are absent | ||||
1 | 2 | 3 | 4 | 5 | 6 |
1 | |||||
2 | |||||
3 | |||||
4 | |||||
5 | |||||
6 | |||||
7 | |||||
8 | |||||
Organization Specialist ____________________________________________
(signature) (Surname, name, patronymic (at
availability), date)
Note: * Recipient noted positive changes
Services in:
- somatic, mental, emotional states;
- motor, sensory, cognitive, speech,
communicative areas;
- the formation of self-service skills, social and
labor adaptation and socialization.
| Annex 8 | |
| to the Standard for the provision of special social services to victims of trafficking |
Report assessing the presence of abuse leading to social maladaptation and social deprivation
Footnote. Annex 8 – in the wording of the order of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated 23.08.2022 No. 325 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).
1. Last name ______________________________________________________________
2. Name of the ____________________________________________________________
3. Patronymic (if any) _______________________________________________________
4. Date and time ___________________________________________________________
5. Venue (name and address of the institution) ___________________________________
6. Circumstances (available at the time of identification (for example, presence of employees of organizations,
accompanying persons) and information related to the fact ___________________________
_______________________________________________________________
7. Information on what happened to the victim based on his survey (including methods of alleged abuse,
time of use of alleged abuse and available complaints of physical or psychological condition) _______________________________
8. Surname, first name, patronymic (if any), signature of the person authorized for identification ____________________________
Note:
The report shall be confidential.
Shall be submitted to law enforcement agencies only with a written request and with the written consent of the victim.
The person authorized for identification shall maintain the confidentiality of all information that has become known during the identification of the victim and which will be at the disposal in the performance of official duties.
The person authorized for identification shall maintain the confidentiality of all information that has become known during the identification of the victim and which will be at the disposal in the performance of official duties.
A person authorized for identification shall not be allowed to disclose and transfer information to a third party.
