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 № 263 (effective from 01.07.2023).Pursuant to subparagraph 2) of Article 8 of the Law of the Republic of Kazakhstan "On Special Social Services", I ORDER:
Footnote. Preamble - as amended by 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 be enforced ten calendar days after the date of its first official publication).1. Approve the attached Standard for provision of special social services to victims of domestic violence.
2. The Department of Social Services in the manner prescribed by Law shall ensure:
1) The State Registration of this Order with the Ministry of Justice of the Republic of Kazakhstan;
2) within ten calendar days after the State Registration of this Order, its direction for publication in periodicals, as well as in the Republican State Enterprise on the Right of Economic Use "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 Republic of Kazakhstan;
3) placement of this Order on the Internet resource of the Ministry of Healthcare and Social Development of the Republic of Kazakhstan;
4) within ten working days after the State Registration of this Order with the Ministry of Justice of the Republic of Kazakhstan, the provision to the Department of Legal Services of the Ministry of Healthcare and Social Development of the Republic of Kazakhstan of information on implementation of measures provided by Subparagraphs 1), 2) and 3) of this Paragraph.
3. The control over execution of this Order shall be assigned to S.K. Zhakupova the Vice Minister of Healthcare and Social Development of the Republic of Kazakhstan.
4. This Order shall be enforced upon expiry of ten calendar days after the day its first official publication.
|
The Minister of Healthcare and Social Development of the Republic of Kazakhstan |
T. Duissenova |
AGREED
The Minister of Education and Science
of the Republic of Kazakhstan
________________ Ye. Sagadiyev
December 23, 2016
AGREED
The Minister of Internal Affairs
of the Republic of Kazakhstan
_______________ K. Kassymov
__________ 2016
| Approved by the Order of the Minister of Healthcare and Social Development of the Republic of Kazakhstan dated December 21, 2016 No.1079 |
Standard for provision of special social services to victims of domestic violence
Chapter 1. General Provisions
1. The standard for provision of special social services to victims of domestic violence (hereinafter referred to as the standard) has been developed pursuant to paragraph 2) of Article 8 of the Law of the Republic of Kazakhstan "On Special Social Services".
Footnote. Paragraph 1 - as amended by 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 be enforced ten calendar days after the date of its first official publication).2. This Standard establishes requirements for quality, scope and conditions for provision of special social services in organizations providing special social services of state and non-state forms of ownership (hereinafter referred to as the organization of temporary stay and residence) intended for temporary round-the-clock (up to 6 months) or day stay (from two to six hours a day) for victims of domestic violence, establishes requirements for the activities of organizations of temporary stay and residence, conditions provision, termination (suspension) of rendering special social services.
3. The term used in this Standard:
victim of domestic violence - an individual in respect of whom there is reason to believe that he/she directly suffered an offense related to domestic violence caused moral, physical and (or) property damage, determined on the basis of the Criteria for assessing the existence of abusive treatment, which led to social maladaptation and social deprivation approved by the joint Order of the Minister of Internal Affairs of the Republic of Kazakhstan dated September 22, 2014 No. 630, the Minister of Education and Science of the Republic of Kazakhstan dated September 26, 2014 No. 399 and Minister of Healthcare and Social Development of the Republic of Kazakhstan dated November 19, 2014 No. 240 (registered in the Register of State Registration of Regulatory Legal Acts of the Republic of Kazakhstan No. 10013) (hereinafter referred to as the Criteria).
4. Special social services for victims of domestic violence shall be provided by organizations in the form of:
1) crisis center for victims of domestic violence;
2) social assistance center for victims of domestic violence;
3) shelter for victims of domestic violence;
4) other organizations providing services to victims of domestic violence.
5. Recipients of services shall be:
1) persons subjected to abusive treatment, leading to social maladaptation and social deprivation;
2) persons in difficult situations as a result of threat of abusive treatment and violence.
6. The organizations of temporary stay and residence shall accept individuals from among citizens of the Republic of Kazakhstan, as well as foreigners and stateless persons permanently residing in the Republic of Kazakhstan, as well as persons who do not have identity documents, if they are recognized as victims of domestic violence, unless otherwise provided by an international treaty ratified by the Republic of Kazakhstan.
7. The main objectives of organization of temporary stay and residence shall be:
1) identification of recipients of services;
2) provision of emergency social assistance and support to recipients of services;
3) protection and assistance through the provision of services in accordance with an individual plan during the period of stay and residence of recipients of services in the organization of temporary stay and residence;
4) assistance in the process of socialization and (re) integration of the recipient of services in the family and society;
5) maintenance of confidentiality of the identity of recipients of services and their privacy;
6) improvement of quality and effectiveness of special social services provided.
8. The main functions of the organization of temporary stay and residence shall be:
1) identification together with state authorities and public associations of persons in dire need of immediate social protection and assistance;
2) reception and (or) placement of recipients of services, implementation of measures for their social adaptation;
3) ensuring the inviolability of the identity and security of recipients of services;
4) creation of a favorable moral and psychological climate in the organization of temporary stay and residence;
5) provision of special social services in accordance with this Standard;
6) informing recipients of services on scope and types of special social services, the internal rules of the organization of temporary stay and residence;
7) improvement of labor organization and staff development;
8) implementation of financial and economic activities of the organization of temporary stay and residence;
9) interaction with Local Executive Authorities, Authorities of Education, Healthcare, Social Protection, Internal Affairs, Justice, Non-governmental Organizations to address issues of social rehabilitation, restoration of civil, property and other rights of service recipients;
10) functions in accordance with the constituent documents of the organization of temporary stay and residence.
Chapter 2. Quality requirements for provision of special social services to victims of domestic violence
9. For the provision of high-quality special social services to victims of domestic violence:
1) social services shall meet the following requirements:
residential, service and industrial premises of the organization of temporary stay and residence shall comply with sanitary and epidemiological standards, requirements for the safety of buildings, including fire safety in accordance with the Requirements for the safety of buildings and structures, building materials and products, approved by the Resolution of the Government of the Republic of Kazakhstan dated November 17, 2010, No. 1202;
the building of the organization of temporary stay and residence shall be provided with technical equipment and equipped with special devices for the convenience of stay, ensuring unimpeded access to it, movement inside the premises and on the territory adjacent to the building in accordance with building codes and rules;
provided residential premises in terms of size and other indicators (the condition of buildings and premises, their comfort) to ensure the convenience of living for service recipients. When placing service recipients in residential premises (rooms), their state of health, age and gender characteristics, physical and mental state, inclinations, psychological compatibility, level of personal development, socialization and degree of kinship shall be taken into account;
the premises provided for the organization of social and labour activities, cultural and consumer services, in terms of size, location and configuration, shall ensure that all the above-mentioned activities are carried out in them, taking into account the specifics of the served recipients of services;
offices of specialists of the organization shall be equipped with the necessary furniture and equipment;
for each specialized office, a passport shall be filled out, and drawn up in any form;
furniture, equipment, and soft inventory provided for use by recipients of services shall comply with regulatory documents on standardization in the field of technical regulation in force on the territory of the Republic of Kazakhstan;
clothing, shoes, underwear and essentials provided to service recipients shall be comfortable to wear, match the gender, height and size of service recipients, and meet sanitary and hygienic standards and requirements;
food shall be prepared from high-quality products, meet the requirements of balance and calorie content, meet sanitary and hygienic requirements and provided taking into account the health status of service recipients;
when transporting service recipients by road for treatment, training, the standards and rules for the operation of vehicles, traffic safety requirements shall be observed;
2) social and medical services shall comply with the following requirements:
assistance in obtaining a guaranteed volume of free medical care shall be carried out within the framework provided for by legislative and regulatory legal acts in the field of healthcare;
medical manipulations shall be carried out with the utmost care and caution without causing any harm to the recipients of services;
the provision of pre-hospital medical care shall be carried out in accordance with the Rules for the provision of pre-hospital medical care, approved by Order of the Minister of Health of the Republic of Kazakhstan dated November 30, 2020, No. ҚР ДСМ-223/2020 (registered in the State Register of Regulatory Legal Acts under No. 21721);
hospitalization or assistance in the hospitalization of recipients of services in a healthcare organization shall be carried out promptly and on time;
promotion of a healthy lifestyle. Individual work with recipients of services to prevent bad habits and get rid of them shall be aimed at explaining the perniciousness of bad habits (alcohol, drugs, smoking), the negative results they lead to, and is accompanied by the necessary recommendations for preventing or overcoming these habits, depending on specific circumstances;
assistance in the preparation of documents for referral to the medico-social, forensic, narcological and psychiatric examination shall be provided on time and in full;
assistance in providing medicines and medical products, upon the conclusion of doctors, shall contribute to the timely prevention and treatment of diseases, injuries, and recipients of services;
assistance in obtaining advice from relevant specialists of healthcare organizations shall ensure the timely detection and treatment of diseases among service recipients;
3) socio-psychological services shall meet the following requirements:
psychological counselling shall ensure the provision of qualified assistance to service recipients in establishing interpersonal relationships to prevent and overcome conflicts. Psychological counselling based on the information received from the recipients of services and discussion with them of the socio-psychological problems that have arisen shall help to reveal and mobilize internal resources and solve these problems;
psychological diagnostics of service recipients shall be carried out based on a psychodiagnostic package developed by the organization's psychologist. Psychodiagnostics and examination of personality based on the results of determining and analyzing the mental state and individual characteristics of the personality of service recipients that affect deviations in their behaviour and relationships with people around them shall provide the necessary information for making a forecast and developing recommendations for corrective measures;
psychological correction, as an active psychological impact, shall provide overcoming or weakening deviations in the behaviour, and emotional state of service recipients (unfavourable forms of emotional response and behavioural stereotypes of individuals, conflict relations and other deviations in behaviour), which makes it possible to bring these indicators in line with age norms and the requirements of the social environment;
psychological training, as an active psychological impact, shall be evaluated by its effectiveness in removing the consequences of psycho-traumatic situations, neuropsychic tension, instilling socially valuable norms of behaviour in people overcoming asocial forms of life, forming personal prerequisites for adapting to changing conditions;
socio-psychological patronage based on systematic monitoring of service recipients shall ensure 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 they need at the moment;
involvement of service recipients in conducting classes in mutual support groups, communication clubs shall assist service recipients in getting out of a state 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 shall provide immediate psychological counselling to service recipients, assistance in mobilizing their physical, spiritual, personal, and intellectual resources to get out of a crisis, expanding their range of acceptable means for independently solving problems and overcoming difficulties, strengthening self-confidence;
psycho-prophylactic work shall contribute to the formation of the need for psychological knowledge among service recipients and the desire to use it to work on themselves and their problems, creating conditions for the full mental development of the personality at each rehabilitation stage, timely prevention of possible violations in the development of the personality;
conversations, communication, listening, encouragement, motivation for activity, and psychological support for vitality shall ensure the strengthening of the mental health of service recipients, increasing their stress resistance and mental security;
4) socio-pedagogical services shall comply with the following requirements:
conducting classes on the transformation of value orientations, attitudes and behavioural skills shall ensure the prevention of repeated cases of violence;
assistance in obtaining teaching aids and school supplies, if necessary;
5) social and labour services shall comply with the following requirements:
measures to survey the available labour skills of service recipients shall be carried out taking into account their characteristics, the degree of disability, and the physical and mental condition of service recipients;
to form labour skills, knowledge and skills, service recipients, based on their individual needs, shall be assigned types of medical and labour activities that ensure the active participation of service recipients in activities for training accessible professional skills that contribute to the restoration of their personal and social status;
carrying out socially useful work shall be carried out on the territory of the organization of temporary stay and residence, daytime employment in the offices of the organization of temporary stay and residence and shall ensure the creation of conditions that allow the recipients of services to be involved in various forms of life, taking into account their state of health;
activities for training accessible professional skills shall contribute to the restoration of the personal and social status of service recipients;
professional orientation of service recipients who do not have professional education shall be accompanied by activities that can help them in choosing a profession;
6) socio-cultural services shall comply with the following requirements:
cultural and leisure activities shall be carried out according to the plan approved by the head of the organization of temporary stay and residence;
the organization of circles and leisure activities shall be aimed at meeting the socio-cultural and spiritual needs of service recipients;
involvement of service recipients in the development of projects for the concert program and scenarios for ongoing events contributes to the expansion of the general and cultural horizons, increasing the creative activity of service recipients;
providing the opportunity to communicate with relatives, friends, and specialists via telephone shall ensure faster and more effective resolution of issues of preventing the recurrence of aggression, protecting property, civil and other rights of the recipient of services;
7) socio-economic services shall comply with the following requirements:
assistance to service recipients in obtaining benefits, allowances, compensations and other payments, solving housing issues ensures timely, complete, qualified and efficient assistance in resolving issues of interest to service recipients;
8) social and legal services shall comply with the following requirements:
advising service recipients on issues related to the right to receive special social services and protect their interests shall give a complete picture of the rights established by law and ways to protect against possible violations;
advising service recipients on issues of civil, housing, family, labour, pension, criminal legislation and other issues shall give them an idea of the legislative acts of interest to them and the rights in the issues involved;
assistance in preparing and sending documents (applications, complaints, certificates and letters) to the relevant addressees shall provide a practical solution to issues related to the restoration (protection) of the rights and interests of service recipients.
Footnote. Paragraph 9 is in the wording of the Order of the Minister of Labour and Social Protection of the Population of the Republic of Kazakhstan dated December 09, 2021 No. 463 (shall come into effect ten calendar days after the day of its first official publication).10. In the organization of temporary stay and residence, a book of complaints and suggestions shall be drawn up, which is kept by the head of the organization of temporary stay and residence and shall be presented at the first request of the service recipients and visitors.
11. The book of complaints and suggestions shall be reviewed by the head of the organization of temporary stay and residence monthly.
12. The quality of work of the organization’s specialists shall be evaluated by the head of the organization of temporary stay and residence or by the authorized authority according to the number of resocialized service recipients following the expiration of the contract for provision of special social services (hereinafter referred to as the contract).
13. Refusal to provide services shall be carried out if persons have:
1) mental illness, accompanied by behavioral disorders that are dangerous for the patient himself and others;
2) tuberculosis in the active stage of process, infectious diseases, quarantine infections, contagious diseases of skin and hair;
3) state of alcoholic, drug intoxication;
4) terminal (final) stage of disease, requiring palliative care and nursing services;
5) diseases and (or) injuries requiring inpatient treatment in specialized medical organizations.
Persons with the above medical contraindications shall be subject to referral to the appropriate healthcare organization, after discharge from which they shall be accepted into the organization of temporary stay and residence to provide them with special social services.
Chapter 3. Requirements for scope of special social services
for victims of domestic violence
14. The scope of provision of special social services shall be determined by the social work specialist together with other specialists of the organization of temporary stay and residence (hereinafter referred to as the organization’s specialist) by assessing and determining the needs of service recipients for special social services in accordance with the Rules for assessing and determining the need for special social services approved by Order of the Minister of Healthcare and Social Development of the Republic of Kazakhstan dated February 19, 2016 No. 134 (registered in the Register of State Registration of Regulatory Legal Acts of the Republic of Kazakhstan under No.13527).
15. Persons recognized as victims of domestic violence before conclusion of contract shall be provided with general services in the following scope:
1) temporary accommodation of service recipients with food;
2) conducting primary medical examination and provision of pre-medical care;
3) creation of conditions for self-service (washing, drying, ironing, washing dishes, cleaning room) and implementation of sanitary and hygienic procedures (showers or bathrooms, toilet);
4) provision of a bed with bed linen, clothing and basic necessities.
16. Assessment and determination of the need for special social services shall be carried out within three calendar days from the date of conclusion of contract.
17. Within three working days from the date of receipt of results of the needs assessment of service recipients, the organization’s specialists for each service recipient shall develop an individual work plan (hereinafter referred to as the IWP) in the form in accordance with Appendix 1 to this Standard, for the term of the contract or within one working day from the expiration date of previous individual plan and approved by the head of the organization of temporary stay and residence.
18. Rehabilitation measures reflected in the IWP shall be carried out by the organization’s specialists within the terms set by the IWP.
19. In changing the state of service recipients or a situation occurrence that facilitates the implementation of the IWP event earlier (or later) than the provided term, the IWP should be adjusted.
20. The results of monitoring the implementation of the IWP shall be recorded in the register (electronic file cabinet) on implementation (monitoring) of individual work plan of service recipient (hereinafter referred to as the register (electronic file cabinet) in the form in accordance with Appendix 2 to this Standard.
21. Monitoring of implementation of the IWP shall be carried out by a social work specialist or a person authorized to conduct monitoring by the organization of temporary stay and residence on a quarterly basis.
22. The staffing standards of the organization of temporary residence and residence shall be formed taking into account the needs and capabilities of the budget in compliance with the minimum staffing standards of personnel in organizations of temporary stay and residence established in Appendix 3 to this Standard.
23. In the absence of necessary specialists stipulated by the staff standards in the organization of temporary stay and residence established in Appendix 3 to this Standard, it shall be allowed to attract specialists on a contractual basis in accordance with the labor legislation of the Republic of Kazakhstan.
24. The recipient of services shall be provided with special social services in the following volume and types according to the IPR:
1) social services:
reception and (or) accommodation of service recipients;
provision of a bed with providing of bed linen, clothing and essentials;
provision of premises equipped with furniture and (or) specialized equipment for rehabilitation, medical, educational, cultural events, organization of medical and labour activities, self-service and household orientation;
creation of conditions for self-service (washing, drying, ironing, washing dishes, cleaning the premises) and the implementation of sanitary and hygienic procedures (showers or bathrooms, sanitary facilities);
provision with groceries in accordance with the natural nutritional standards of persons maintained in medical and social institutions, rehabilitation centers, educational institutions for children with disabilities, territorial social service centers, day care departments, social adaptation centers approved by the authorized social welfare body as required by paragraph 2 of Article 69 of the Budget Code of the Republic of Kazakhstan;
provision of transport services for the transportation of service recipients for treatment, rehabilitation, training, and participation of service recipients in cultural and leisure activities;
assistance in writing and reading letters (if necessary);
for persons having difficulties in movement, the organization of temporary stay and residence is provided with an escort (if necessary) to the destination;
2) social and medical services:
conducting primary medical examination and primary sanitization;
provision of pre-hospital medical care, assistance in hospitalization and escort of service recipients in need of treatment to healthcare organizations;
assistance in the preparation of documents for referral to a forensic, medico-social, narcological and psychiatric examination;
assistance in obtaining a guaranteed volume of free medical care;
assistance in providing medicines and medical products upon the conclusion of doctors;
assistance in medical consultation by specialized specialists, including from healthcare organizations;
carrying out medical manipulations according to the standards in the field of healthcare as prescribed by the attending physician;
3) socio-psychological services:
psychological diagnostics and examination of personality;
socio-psychological patronage (systematic observation);
psycho-prophylactic work with service recipients;
psychological counselling;
emergency psychological assistance;
providing psychological assistance to service recipients, including conversations, communication, listening, encouragement, and motivation for activity;
psychological training;
psychological correction of service recipients;
conducting classes in mutual support groups, and communication clubs;
4) socio-pedagogical services:
organizing and conducting classes on the transformation of value orientations, attitudes and behavioural skills;
assistance in obtaining education for service recipients, taking into account their physical capabilities and mental abilities;
5) social and labour services:
carrying out activities to survey the existing labour skills of service recipients;
assistance in vocational guidance and counselling;
assistance in carrying out activities to train service recipients in available professions and practical skills, including through medical and labour activities, socially useful work with security measures;
6) social and cultural services:
organization of holidays and leisure activities;
organization of group work;
involvement of service recipients in cultural and leisure activities with security measures;
providing the opportunity to communicate with relatives, friends, and specialists by phone;
7) socio-economic services:
assistance in obtaining due benefits, allowances, compensations, 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 to families with children" and other regulatory legal acts of the Republic of Kazakhstan;
8) social and legal services:
legal advice in the provision of special social services and on issues related to civil, family, property and real rights, restoration of documents, recovery of alimony, compensation for damage, and social security in accordance with the legislation of the Republic of Kazakhstan;
assistance in cooperation with law enforcement, judicial authorities in the framework of the investigation of facts of domestic violence, judicial proceedings and enforcement;
assistance in the preparation of documents of legal significance;
registration at the place of stay and restoration of housing rights;
assistance in the preparation and submission of applications (requests, appeals) to the bodies and institutions of internal affairs, justice, healthcare, social protection, and education;
assistance in the preparation and filing of appeals against the 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 advantages established by law, social payments;
execution of powers of attorney to represent the interests of service recipients;
representation of the interests of service recipients in judicial and investigative bodies and institutions.
Footnote. Paragraph 24 is in the wording of the Order of the Minister of Labour and Social Protection of the Population of the Republic of Kazakhstan dated December 09, 2021 No. 463 (shall come into effect ten calendar days after the day of its first official publication); as amended by 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 be enforced ten calendar days after the date of its first official publication); dated 22.09.2022 No. 383 (shall be enforced ten calendar days after the date of its first official publication).Chapter 4. Requirements for conditions of provision of special social services to victims of domestic violence
25. Reception of service recipients in the organization of temporary stay and residence to provide them with special social services at the expense of budget funds shall be carried out:
based on the direction of district (city) authorized authorities of employment and social programs (hereinafter referred to as the authorized authority), authorized authorities in the field of healthcare, internal affairs at the place of actual location of service recipient;
on personal application of service recipients directly contacting the organization of temporary stay, in the form in accordance with Appendix 4 to this Standard.
26. If at the time of filing, the person with minors, in respect of whom he/she is the legal representative, then admission to the organization of temporary stay and residence shall be carried out together with the children.
27. Children with parents or legal representatives shall be counted as separate service recipients.
28. The organization of temporary stay and residence on the basis of the application of service recipients within one working day from the moment of their appeal, together with the authorized authority, shall identify the victim of domestic violence according to the Criteria.
29. Identification shall be carried out in the form of a conversation in personal contact with service recipients with the participation of representatives of internal affairs authorities, a social worker and a psychologist. Based on the identification results, an evaluation sheet shall be filled out in accordance with Appendix 5 to this Standard.
30. If the applicant is identified as a victim of domestic violence, the organization of temporary stay and residence within one working day shall send an assessment sheet, together with his application, to the authorized authority for deciding on provision of special social services.
If the applicant is not identified as a victim of domestic violence, then he shall be refused special social services.
31. Within three working days from the date of receipt of assessment sheet and application, the authorized authority shall make a decision on provision of special social services and within one working day from the date of decision, shall send it to the organization of temporary stay and residence.
32. The organizations of temporary stay and residence accept the recipients of services on a contractual basis.
The organization of temporary stay and residence within one working day from the date of receipt of decision enters into an agreement with the service recipients on the basis of a model agreement in the form in accordance with Appendix 6 to this Standard.
33. The contract shall be valid for six months. An extension of the contract shall be carried out if the service recipient is hospitalized in a medical organization, but for no more than three months.
34. Specialists of the organization of temporary stay and residence shall fill in the registration card of recipients of services in the form in accordance with Annex 7 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 the data from the registration card of the recipient of services into the portal of social services.
Footnote. Paragraph 34 is in the wording of the Order of the Minister of Labour and Social Protection of the Population of the Republic of Kazakhstan dated December 9, 2021 No. 463 (shall come into effect ten calendar days after the day of its first official publication).35. The organizations of temporary stay and residence, upon refusal of service recipients to submit an application to the internal affairs authorities, independently send information to the internal affairs authorities about the appeal received on the fact of illegal actions related to domestic violence within three working days, taking into account the confidentiality of personal data of service recipients.
36. The provision of special social services by the organization of temporary stay and residence shall be terminated in case of medical contraindications identified in Paragraph 13 of this Standard.
37. The services recipients shall be subject to deduction with termination of contract in the following cases:
1) in 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, committing unlawful acts;
2) upon unauthorized leave the territory of the organization of temporary stay and residence and absence of more than three days, without informing the administration of the organization of temporary stay and residence.
A person who has left the territory of the organization of temporary residence and residence shall be restored on a general basis in accordance with Chapter 4 of this Standard, if the person is not able to report it for valid reasons (detention by the internal affairs authorities, being in a healthcare institution, crime against the service recipient) – shall be subject to recovery immediately;
3) in cases of unjustified insults and charges, failure to fulfill the terms of the contract by service recipients.
The provision of special social services shall be suspended for the period of stay of recipients of services in a healthcare institution.
38. The completion, termination, deduction, referral or transfer of service recipients in the organization of healthcare, social protection, temporary stay and residence shall be carried out on the basis of the Order of the head of the organization of temporary stay and residence.
39. Upon completion, termination, deduction, referral or transfer to a healthcare, social protection, temporary stay and residence organization, service recipients shall be given personal and fixed clothes and shoes for the season, their values (documents) stored in the organization of temporary stay and residence.
40. The completion of provision of special social services by the organization of temporary stay and residence shall be 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 contract;
3) in case of early fulfillment of the terms of contract;
4) in the case of implementation of IWP measures ahead of schedule.
| Appendix 1 to the Standard for provision of special social services to victims of domestic violence |
|
| Form |
I HEREBY APPROVE:
_________________________________________
(Surname, name, patronymic (if any)
and signature of the Head of organization)
dated "___" ________ _______
_______________________________________
(name of the organization of temporary stay and residence)
Individual work plan
Surname, name, patronymic (if any) of service recipient
_________________________________________________________
Date of birth ___________________________________________
Date of admission to the organization of temporary stay and residence
_________________________________________________________
Observation of service recipient was carried out from ______ to __________
Individual work plan has been developed for the period from _____ to __________
Appointed activities in accordance with the individual needs of service recipient (denote the types and scope of services provided):
No. | Types of services | Scope of services (name of individually held events) | Surname, name, patronymic (if any) and specialist’s signature who made the appointment | Date of appointment |
1 | 2 | 3 | 4 | 5 |
1 | social and domestic | |||
2 | social and medical | |||
3 | social and psychological | |||
4 | social and pedagogical | |||
5 | social and labor | |||
6 | social and cultural | |||
7 | social and economic | |||
8 | social and legal | |||
Date of revision of individual work plan _______ 20__
Organization Specialist____________________________________________________
Surname, name, patronymic (if any) date) (signature)
| Appendix 2 to the Standard for provision of special social services to victims of domestic violence |
|
| Form |
Register (electronic file cabinet) on implementation (monitoring)
of individual work plan of service recipient
Surname, name, patronymic (if any) of service recipient
________________________________________________
Date of birth ___________________________________________________
Monitoring an individual work plan developed for a period
from _______ to _________________
Observation period for service recipient: from________ to _________
No. | Notes on state of service recipient, including | Decision to adjust an individual work plan (indicate what type of service is subject to review) | Date of monitoring | Surname, name, patronymic (if any) and monitoring specialist’s signature | |
there are positive changes (describe)* | no changes or deterioration (indicate reasons) | ||||
1 | 2 | 3 | 4 | 5 | 6 |
1 | |||||
2 | |||||
3 | |||||
4 | |||||
5 | |||||
6 | |||||
7 | |||||
8 | |||||
Organization Specialist
____________________________________________________________
Surname, name, patronymic (if any) date) (signature)
Note:* Service recipient are noted positive changes:
- somatic, mental, emotional states;
- motor, sensory, cognitive, speech, communicative spheres;
- formation of self-service skills, social and household, labor adaptation and socialization.
| Appendix 3 to the Standard for provision of special social services to victims of domestic violence |
Minimum staffing standards in organization of temporary stay and residence
No. | Job title | Number of service recipients | |
up to 20 | 20 up to 50 | ||
1 | Director | 1 | 1 |
2 | Chief Accountant | 1 | 1 |
3 | Filing clerk/HR 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 | Nursery Teacher (if there are children) | 1 for 10 children | |
9 | Senior nurse | 1 | 2 |
10 | Occupational Therapy Instructor (Labor Training Teacher) | 1 (for training group) | |
11 | Cultural Event Organizer | 1 | 1 |
| Appendix 4 to the Standard for provision of special social services to victims of domestic violence |
|
| Form | |
| to the Head of organization of temporary stay and residence ________________________________ (name of organizaton) ______________________________________________________ (Surname, name, patronymic (if any) of the Head) from ____________________________ ____________________________ ____________________________ |
APPLICATION
I hereby request admit me (and child (children) to the organization of temporary stay and residence, providing special social services to victims of domestic violence for re-socialization.
I give my consent to the collection and processing of my personal data necessary for provision of special social services.
I am acquainted with the conditions of admission, accommodation, deduction, termination of services in the organization of temporary stay and residence and the internal rules.
I am also warned of the facts of provision of knowingly false information about myself.
_______ 20__ ___________________________________________
(Surname, name, patronymic (if any)
and applicant's signature)
| Appendix 5 to the Standard for provision of special social services to victims of domestic violence |
Assessment sheet _______________________________________________________
(Full name of assessed person)
Footnote. Appendix 5 - as amended by 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 be enforced ten calendar days after the date of its first official publication).No. n/n |
List of criteria for assessing the presence of abusive treatment in domestic violence | Indicators for assessing the presence of abusive treatment in domestic violence |
1. | Physical violence | |
1.1 | Beating or committing other violent acts that caused physical pain | |
1.2 | Profanity , offensive harassment, humiliation, damage to household items and other actions demonstrating disrespect for citizens who are in family and domestic relations with the offender, disturbing their peace of mind, committed within an individual residential building or apartment | |
1.3 | Causing physical or mental suffering by systematic beatings or other violent acts | |
1.4 | Intentional infliction of harm to health that is not dangerous to human life and of moderate severity, which did not entail consequences, but caused a long-term health disorder | |
1.5 | Intentional infliction of grievous bodily harm dangerous to human life or infliction of grievous bodily harm resulting in loss of sight, speech, hearing or any organ or loss of functions by an organ, or that caused permanent disfigurement of a person, also infliction of other bodily harm dangerous to life or that caused a health disorder, or resulted in miscarriage, mental disorder, drug addiction or substance abuse | |
2. | Mental abuse | |
2.1 | Rudeness, bullying, insult, threats, blackmail, harassment and other action (inaction) that causes a negative emotional reaction of a person and mental pain | |
2.2 | Driving a person to suicide or attempted suicide by threats, abuse or systematic humiliation of the human dignity of a victim | |
2.3 | Threat of murder or infliction of grievous bodily harm, other serious violence against a person or destruction of property by arson, explosion or other generally dangerous method, if there are sufficient grounds to fear that this threat will be carried out | |
2.4 | Continued persecution, forced migration | |
3. | Economic violence | |
3.1 | Deprivation of IDs, documents, entitling to property and performance of actions | |
3.2 | Deprivation of funds, necessary for life sustenance | |
3.3 | Deprivation of housing | |
3.4 | Deprivation of food, necessary for life sustenance | |
3.5 | Deprivation of clothing necessary for life | |
4. | Sexual violence | |
4.1 | Rape, that is, sexual intercourse with the use of violence or with the threat of its use against the victim or other persons, or making use of the victim’s helpless condition | |
4.2 | Molestation without the use of violence against a person who is known to be under the age of fourteen | |
4.3 | Coercion of a person to sexual intercourse, sodomy, lesbianism, or other sexual acts | |
4.4 | Forced exposure, groping of the body, obscene or degrading treatment, blows to the genitals and their exposure to objects, sexual abuse | |
_________________________________________________________________
(Full name of assessed person)
is recognized as a victim of abuse resulting from domestic violence acts.
_________________________________________________________________
(Full name of assessed person)
is not recognized as a victim of abuse resulting from domestic violence acts.
Assessing specialists of the organization ___________________________________________________
(signature) (Full name, position, date)
Representative of the district (city) authorized body for employment and social programs
___________________________________________________________
(signature) (Full name, position, date)
Representative of internal affairs body _________________________________________
(signature) (Full name, position, date)
| Appendix 6 to the Standard for provision of special social services to victims of domestic violence |
|
| Form |
Model contract for provision
of special social services
____________________________________________________________________
(name of organization entity)
represented by
_____________________________________________________________,
(hereinafter referred to as the Organization) on the one hand and
____________________________________________________________________
(hereinafter referred to as the service recipient) on the other hand,
referred together herein as
The Parties have entered into this agreement as follows:
1. Subject of Contract
The Organization provides the service recipient with special social services aimed at re-socialization (restoration of lost social status).
2. Rights and Obligations of the Parties
2.1. Organization Obligations:
1) to familiarize the service recipient with conditions for provision of special social services;
2) provide special social services in the prescribed scope;
3) to respect the service recipient, not to allow rudeness, negligent attitude to their duties.
2.2. Organization Rights:
1) to monitor the service recipient stay in the Organization;
2) request the necessary information for provision of special social services;
3) terminate the contract unilaterally in case of non-fulfillment or evasion of obligations by the service recipient.
2.3. Obligations of the service recipient:
1) to take an active part in the process of resocialization;
2) respect the staff of the Organization;
3) comply with the terms of this Contract.
2.4. Rights of the service recipient:
1) receive information about the process of resocialization;
2) terminate the Contract unilaterally in case of non-fulfillment or evasion of obligations by the Organization.
3. Terms of termination
3.1. This Contract shall be subject to termination on the grounds provided by Paragraph 37 of the Standard for provision of special social services to victims of domestic violence, approved in accordance with Subparagraph 2) of Article 8 of the Law of the Republic of Kazakhstan dated December 29, 2008 “On special social services”.
4. Final provisions
The contract is made in duplicate, one for each of the Parties.
Head of the Organization
_______________________________________ __________
(Surname, name, patronymic (if any), (signature)
Service recipient ______________________________________ ___________
| (Surname, name, patronymic (if any), (signature) | |
| Appendix 7 to the Standard for provision of special social services to victims of domestic violence |
|
| Form |
Registration Card of service recipient in the Organization of temporary stay and residence
1. Surname __________________________________________________
2. Name ______________________________________________________
3. Patronymic (if any)________________________________
4. Sex ______________________________________________________
5. Date of birth ____________________________________________
6. Ethnicity
7. Place of birth ___________________________________________
8. Address of the last registration at place of residence (registration)
_____________________________________________________________
9. Document: passport/ ID card
(underline)
Type of document | Number/Series | Date of issue | Date of expiry | Authority |
ID card | ||||
Passport |
10. Individual identification number ______________________
11. Education _________________________________________________
12. Profession ___________________________________________________
13. Past illnesses ____________________________________
14. Health status __________________________________________
15. Organization sending the service recipient
_________________________________________________________________
18. Is it reported in fact to the territorial authorities of internal affairs
_________________________________________________________________
19. Personal signature of service recipient _____________________________
20. Date ________________________________________________________
21. Surname, name, patronymic (if any), the Organization Specialist’s signature that filled in the Card
_______________________________________________________________
