What the rule says
The Act expressly brings people who live with the provider into the safety review, including a spouse, relatives, cohabitants and other co-residents. Under Article 55, if a co-resident has a disqualifying circumstance listed in Article 49 or 50, or a local authority determines there are objective facts indicating that the person may harm a child, the provider may only deliver care at the child’s residence or another designated residence. The provider may not care for children at the provider’s registered home.
Article 49 covers specified sexual offences, drug offences, conduct determined to constitute sexual assault, and certain serious domestic-violence offences where a lifetime bar is found necessary. Article 50 lists further serious offences that have resulted in final convictions and related disqualifying circumstances. Whether a particular case triggers the legal consequence must still be decided through the competent authority’s procedure and statutory requirements.
When does it take effect?
The Ministry of Justice database currently marks the Act as having provisions that are not yet effective and states that its effective date will be set by the Executive Yuan. The accurate description at present is therefore: the Act has been promulgated and its policy direction is written into law, but the commencement date and implementing arrangements remain to be announced.
What parents can do now
- Choose a provider with a registered home-based childcare-service qualification, and confirm registration and available public information with the local childcare service centre.
- Before signing, ask about the actual care address, people who regularly enter or live there, and pickup and emergency-contact arrangements.
- Report child-safety concerns to the local authority or childcare service centre. For an immediate danger, call 110 or 113.