Consolidation Act on Day-Care, After-School and Club Facilities, etc. for Children and Young People (Day-Care Facilities Act)

Transcription

1 Consolidation Act on Day-Care, After-School and Club Facilities, etc. for Children and Young People (Day-Care Facilities Act) An Act to consolidate the Act on Day-Care, After-School and Club Facilities, etc. for Children and Young People, cf. Consolidation Act No of 20 October 2014, as amended by section 1 of Act No of 27 December Title I Introduction Part 1 Purpose, scope, responsibility, supervision, etc. Purpose 1. The purpose of this Act is to (i) promote the welfare, development and learning of children and young people through day-care, afterschool and club facilities and other socio-pedagogic after-school facilities; (ii) provide families with flexibility and options as regards various types of facilities and subsidies so that to the extent possible families can plan family and working life according to their needs and wishes; (iii) prevent the vicious circle of deprivation and exclusion by making pedagogic measures an integral part of both the local authority s overall, general offer to children and young people and the preventive and supportive activities aimed at children and young people requiring special support, including children and young people with diminished mental or physical capacity; and (iv) create coherence and continuity between facilities and make transitions between facilities coherent and age-appropriately challenging for the children. Scope etc. 2.-(1). This Act comprises day-care, after-school and club facilities and other socio-pedagogic after-school facilities with a learning, social and care objective. (2). Parents lawfully residing in Denmark are entitled to services under this Act. (3). Parents may dispose of only one place per child in facilities under this Act; but see section 80(4). Objectives, framework and responsibilities for and supervision of day-care, after-school and club facilities and other socio-pedagogic after-school facilities

2 3.-(1). The local council is responsible for day-care, after-school and club facilities and other socio-pedagogic after-school facilities. (2). The local council shall establish and publish local authority objectives and framework for day-care, afterschool and club facilities, etc. in the local authority. (3). The local council shall ensure that day-care, after-school and club facilities, etc. are instrumental in implementing the local authority s coherent child policy, cf. section 19(2) of the Act on Social Services, and that the facilities assist in (i) creating mutual coherence between facilities under this Act and other relevant acts and (ii) providing special support to children and young people under the age of 18 requiring such support. (4). The local council shall publish an overview of day-care, after-school and club facilities, etc. in the local authority and rates of subsidies for private day-care and care for own children. 4.-(1). The local council shall provide the necessary number of places in day-care, after-school and club facilities, including the necessary number of places in day-care facilities for 30 hours a week for children falling within section 11(5), as well as other socio-pedagogic after-school facilities. The obligation of the local council to provide the necessary number of places in after-school and club facilities, etc. shall be deemed to be met when the places are made available in the period during which the children within the local authority in primary and lower secondary schools so need. (2). The local council shall ensure that children and young people under the age of 18 requiring support in a day-care, after-school or club facility, etc. to thrive and develop are offered such support in the facility. (3). Day-care, after-school and club facilities for children and young people under the age of 18, who due to substantially and permanently diminished physical or mental capacity require special support, treatment, etc. that cannot be covered by using one of the facilities under this Act, shall be established in pursuance of the provisions of the Act on Social Services. 5.-(1). The local council shall supervise the activities of the facilities under this Act and the manner in which tasks are performed, including that the objectives and framework established under section 3 are observed. (2). The local council shall lay down and publish the framework of such supervision. 6.-(1). The manager of the individual local-authority day-care, after-school or club facility, etc. shall be in charge of the pedagogic and administrative management of the facility and accountable to the local council in this respect. (2). The manager of the individual independent day-care, after-school or club facility, etc. shall be in charge of the pedagogic and administrative management of the facility and accountable to the board of the facility in this respect. (3). The manager of the individual outsourced day-care, after-school or club facility, etc. shall be in charge of the pedagogic and administrative management of the facility and accountable to the private provider in this respect.

3 Title II Day-care facilities for children up to school age Part 2 Purpose, pedagogical curriculum, language assessment, child environmental impact assessment, etc. Purpose of day-care facilities 7.-(1). Children in day-care facilities shall have a physical, mental and aesthetical child environment that promotes their welfare, health, development and learning. (2). Day-care facilities shall cooperate with parents to provide care for the children and support the comprehensive development and self-esteem of the individual child and contribute to the proper and safe upbringing of children. (3). Day-care facilities shall promote children s learning and development of competencies through experiences, play and educationally planned activities that give children room for contemplation, exploration and experience. (4). Day-care facilities shall give children co-determination, co-responsibility and an understanding of democracy. As part of this objective, day-care facilities shall contribute to developing children s independence, skills in entering into committing social relations and solidarity with and integration in the Danish society. (5). In cooperation with parents, day-care facilities shall ensure a good transition to school by developing and supporting basic competencies and the desire to learn. In cooperation with schools, day-care facilities shall create a cohesive transition to school and after-school facilities. Pedagogical curriculum 8.-(1). All day-care facilities shall prepare a written pedagogical curriculum for children aged 0-2 years and children aged 3 to school age. The pedagogical curriculum shall provide room for play, learning and development of children in day-care facilities. On preparation of the pedagogical curriculum, the composition of the group of children shall be taken into consideration. (2). The pedagogical curriculum shall describe the objective of the day-care facility in respect of children s learning within the following themes: 1) Comprehensive personal development. 2) Social competencies. 3) Language development. 4) Body and motion. 5) Nature and natural phenomena. 6) Cultural values and artistic expressions. (3). The pedagogical curriculum shall describe relevant pedagogical approaches and activities applied to reach the objectives and how to evaluate the curriculum.

4 (4). The pedagogical curriculum shall specify relevant pedagogic approaches, activities and any objectives set and initiated in respect of children with special needs. (5). The pedagogical curriculum shall also specify how the work to create a proper child environment, cf. section 7(1), becomes an integral part of the pedagogic activities. The child environment shall be assessed from a child s perspective and the children s experience of the child environment shall be included, taking into account the children s age and maturity. (6). For childminding, the pedagogical curriculum is prepared for all childminding homes or districts under the local-authority childminding scheme. 9.-(1). The manager of the day-care facility is responsible for preparing and publishing the pedagogical curriculum, including revising the curriculum, if warranted by substantial changes in the day-care facility or the evaluation under subsection (2). The same shall apply if warranted the local council's discussions under section 10(2). (2). The manager of the day-care facility is responsible for ensuring that the pedagogical curriculum is evaluated at least every two years. In this respect, the manager is responsible for documenting whether the pedagogic approaches and activities chosen, cf. section 8(3) and (4), and the child environment, cf. section 8(5), lead to the achievement of the objectives outlined within the themes mentioned in section 8(2). The manager shall specify how the day-care facility intends to follow-up the results. (3). The manager of the day-care facility shall include the parent board in the preparation, evaluation and follow-up of the pedagogical curriculum. 10.-(1). The local council shall approve the pedagogical curriculum. (2). The local council shall discuss the evaluations of the pedagogical curricula, cf. section 9(2). On the basis of such discussions, the local council shall decide whether the evaluations give rise to further action from the local council. Language assessment and language stimulation 11.-(1). The local council is responsible for ensuring that a language assessment is performed for children aged around 3 years who are admitted to a day-care facility, if any linguistic, behavioural or other issues indicate that the child may need language stimulation. (2). The local council is responsible ensuring that a language assessment is performed for all children around 3 years who are not admitted to a day-care facility. The local council is also responsible for ensuring that parents, in connection with the language assessment, are made aware of the possibility that their child can be admitted to a day-care facility. (3). The local council is responsible for ensuring that language stimulation is provided to children who, on the basis of a language assessment under subsections (1) and (2) above, are assessed to be in need of language supporting activities. Based on the language assessment under subsections (1) and (2) above, the extent of the language stimulation shall be determined on the basis of the individual child's need for language stimulation; but

5 see subsections 4 and 5. Bilingual children who, on the basis of a language assessment under subsection (2) above, are assessed to be in need of follow-up, shall receive language stimulation for 15 hours a week. (4). The local council is responsible for ensuring that language stimulation for 15 hours a week is provided to children who are not in a day-care facility and who, on the basis of a language assessment under subsection (2) above, are assessed to be in need of language supporting activities. (5). When at least one of the parents, who is entitled to the day-care facility place, is not in employment, the local council shall instead of the language stimulation under subsection (4) above provide language stimulation in the form of a place for 30 hours a week in a day-care facility under section 19(2) and (3) or section 21(2) and (3) to bilingual children who are not in a day-care facility, and who, on the basis of a language assessment under subsection (2) above are assessed to be in need of language supporting activities. (6). Language assessments under subsections (1) and (2) above and language stimulation under subsections (3)-(5) above shall be carried out by persons who have special qualifications to perform the task. (7). The local council is responsible for ensuring that the child s parents are involved in the language assessment and the language stimulation under subsections (1)-(3) above and that the parents receive counselling in supporting their child s language development. (8). The Minister for Children, Gender Equality, Integration and Social Affairs shall lay down rules specifying that, in cases where the parent who is entitled to the day care facility shares a household with a spouse or a partner in a conjugal relationship, the spouse's or partner's employment status shall be included in the assessment by the local authority of whether the parents are in employment. Further to this, rules will be laid down to the effect that in cases where a parent is a single parent, only the single parent's employment status shall be included in the assessment by the local authority. Moreover, rules will be laid down to the effect that parents of a bilingual child who is admitted to a day-care facility for 30 hours per week have an obligation to inform the local authorities about changes in their employment status. 12.-(1). Parents of children who are to undergo language assessment under section 11(1) and possibly receive language stimulation under section 11(3)-(5) are under an obligation to let their child participate in the language assessment and in any language stimulation or language stimulation commensurate with what is generally required by the language stimulation offered by the local authority. (2). The local authority shall make a decision to suspend child benefits, cf. the Danish Act on Child and Youth Benefits, if the parents do not comply with their obligations under subsection (1) and their non-compliance is not due to excusable circumstances. The decision is applicable for the quarter following the quarter in which the decision was made. (3). Before a child is to undergo language assessment under section 11(1) and (2) and receive any language stimulation under section 11(3)-(5), the local authority shall inform the child's parents that non-compliance with the parents' obligation under subsection (1) above may result in the local council making a decision to suspend child benefits under subsection (2) above. (4). Parents who want to undertake the language stimulation of the child themselves, shall notify the local authority of this in writing before the language stimulation begins. The notification shall at least contain

6 information about the children to participate in language stimulation, where the language stimulation is to be carried out and who will be in charge of the language stimulation of the child. (5). The local council is be responsible for overseeing the language stimulation undertaken by parents under subsection (1) above. 13. (Repealed) Parent board 14.-(1). Parents with children in a local-authority, independent or outsourced day-care centre or in localauthority childminding shall have access to establish a parent board in the local-authority childminding or the individual day-care centre with a majority of elected parents; but see section 24a of the Act on Primary and Secondary Education. Day-care facility staff must be represented on the parent board. The local council may decide that employee representatives on parent boards in local-authority day-care centres and local-authority childminding shall have a right to vote. (2). Subsection (1) above shall not apply to independent day-care centres, in which the board consists of a majority of elected parents. (3). In respect of private day-care centres, the local council shall in connection with approval under section 20 ensure that parents are given influence corresponding to the parental influence in independent day-care centres. (4). In respect of private childminding, the local council shall in connection with the agreement ensure that parents are given influence on the childminder s work with the children. 15.-(1). The parent board of a day-care centre shall lay down the principles for the work of the day-care centre and for applying the budget framework of the day-care centre within the objectives and framework determined by the local council. The parent board of local-authority, independent and outsourced day-care centres under section 19(2)-(4) may decide to opt out of the healthy lunch scheme under section 16(1) of this Act; but see section 16b (2), (4) and (8). (2). The parent board of the local-authority childminding service shall lay down the principles for the work of the childminding service and for applying the budget framework of the childminding service within the objectives and framework determined by the local council. (3). The parent board shall perform its tasks within the objectives and framework determined by the local council. In independent and outsourced day-care centres, the parent board shall also perform its tasks within the objective and mission statement stipulated in its by-laws; cf. section 16(2) and (3). (4). The parent board has a right of nomination and right to participate in the appointment of the manager of local-authority, independent and outsourced day-care centres and of local-authority childminding. (5). The parent board has a right of nomination with respect to the hiring of employees in local-authority, independent and outsourced day-care facilities and local-authority childminding.

7 16.-(1). After having obtained a statement from the parent boards, the local council shall lay down the by-laws for the management of local-authority day-care facilities. (2). After having obtained a statement from the parent board, the board of the independent day-care centre shall prepare the by-laws for the management of the centre. The by-laws shall be approved by the local council. (3). After having obtained a statement from the parent board, the private provider of the outsourced day-care centre shall prepare the by-laws for the management of the centre. The by-laws shall be approved by the local council. (4). The local council may not leave supervision and powers to a parent board that form part of the local council s allocation and employer powers. Lunch in day-care centres 16a.-(1). All children in local-authority, independent and outsourced day-care centres and private day-care centres under section 19 shall receive a healthy lunch on all weekdays; but see subsections (3) and (4) and section 16b(1)-(3). (2). The local council may decide to include a healthy lunch as part of the day-care facility service in localauthority, independent and outsourced day-care centres under section 19(2)-(4) for all children in the same age group. (3). Subject to an application from a child's parents, the local council shall decide whether a child may be exempted from a healthy lunch under subsection (1) above if the child has allergies or other disorders diagnosed by a doctor which require a special diet, and the local authority is not in a proper manner able to give the child a healthy lunch in the day-care centre. (4). The local council may decide that children in local-authority, independent and outsourced day-care centres under section 19(2)-(4) who primarily use forest areas or similar natural areas as the basis for the child's stay in the day-care centre, should not be included in the healthy lunch scheme under subsection (1) above. 16b.-(1). The parent board of local-authority, independent and outsourced day-care centres under section 19(2)-(4) may decide to opt out of the healthy lunch scheme under section 16a(1) of this Act; but see subsections (2), (4) and (8). (2). In local-authority, independent and outsourced day-care centres under section 19(2)-(4) consisting of several units, a simple majority of parents with children in the unit concerned may decide to opt out of the healthy lunch scheme under section 16a(1). The parents have one vote for each child they have in the unit. (3). Parents with children in private day-care centres under section 19(5) may decide to opt out of the healthy lunch scheme under section 16a(1). The decision under the first sentence shall be adopted by a simple majority of parents with children in the private day-care centre concerned. The parents have one vote for each child they have in the private day-care centre. Parents with children in private day-care centres under section 19(5) shall, at least every two years and not more than once a year, have the opportunity to opt out of the healthy lunch scheme. The lunch scheme shall end within 6 months after the decision by the parents to opt out has been

8 received by the private day-care centre. Parents with children in the private day-care centre are responsible for informing the private day-care centre of the decision under the first sentence hereof. The private day-care centre shall lay down and publish guidelines for parents opting out of the lunch scheme under section 16a(1), including the length of the period for parents' opt-out of the healthy lunch scheme and deadlines and procedures for communicating to the private day-care centre the parents' decision to opt out. (4). If the local council has decided, under section 16a(2), to include a healthy lunch as part of the day-care facility service in local, independent and outsourced day-care centres under section 19(2)-(4) for all children in the same age group, the parents cannot make a decision under subsections (1) and (2). (5). At least every two years and not more than once a year, the local council shall provide the parents with the opportunity to opt out under subsections (1) and (2) of the healthy lunch scheme under section 16 a(1) hereof. The lunch scheme shall end within 6 months after the decision by the parents to opt out has been received by the local council. The parent board or the parents in the individual unit are responsible for notifying the local council of the parents' decision to opt-out of the healthy lunch scheme. (6). Prior to the decision by the parent board or the parents in the individual units under subsections (1) and (2), the local council shall inform the parent board or the parents in the individual unit of the local authority's expected rate for a healthy lunch, cf. section 32a(3) hereof. (7). The local council shall lay down and publish guidelines for parents opting out, cf. section 16b(1), (2), (5) and (6), of the healthy lunch scheme under section 16a (1) including the length of the period for parents' opt-out and deadlines and procedures for communicating to the local council the parents' decision to opt-out. (8). The local council may decide that the parent board or the parents in the individual unit in local-authority, independent and outsourced day-care centres under section 19(2)-(4) cannot opt out of the healthy lunch scheme under section 16(1) if it is considered that a healthy lunch is, for both social and health reasons, particularly necessary for the children of the day-care centre or unit. The local council's decision under the first sentence hereof applies for the period which the local council pursuant to subsection (7) has laid down for the opportunity of the parent board or the parents in the individual units to opt out. Parent-organised lunch and meal schemes 17.-(1). The parent board of a day-care centre or the parents in the individual unit in local-authority, independent or outsourced day-care centres under section 19(2)-(4) who, under section 16 b(1) and (2), have opted out of a healthy lunch scheme or are not included in the healthy lunch scheme, cf. section 16a(4) may decide to establish a parent-organised lunch scheme. (2). The local council shall determine a maximum amount for parents' payment of parent-organised lunch schemes under subsection (1) above. (3). The parent board or the parents of the individual unit in local-authority, independent or outsourced daycare centres under section 19(2)-(4) may decide to establish a parent-organised meal scheme for the food that does not constitute the lunch.

9 (4). The local council may provide the framework for parent-organised lunch and meal schemes under subsections (1) and (3) above. The parent board or the parents of the individual unit in local-authority, independent or outsourced day-care centres under section 19(2)-(4) will decide, within any framework provided by the local council, how the schemes are to be organised. (5). The local council may, upon a request from the parent board or the parents in the individual unit, decide to hire kitchen staff for parent-organised lunch or meal schemes under subsections (1) and (3) above. The local council shall pay the expenses for the administration of the employment. (6). Parents with children in a private day-care centre under section 19(5) who, under section 16b(3), have opted out of the healthy lunch scheme may decide to establish a parent-organised lunch scheme. Parents with children in a private day-care centre may also decide to establish a parent-organised meal scheme for the food that does not constitute the lunch. The private day-care centre may provide the framework for parent-organised lunch and meal schemes. Parents with children in the private day-care centre will decide, within any framework provided by the private day-care centre, how the schemes are to be organised. The individual parents with children in the private day-care centre will decide whether they want to join the parent-organised lunch or meal scheme under the first and second sentences above. (7). The individual parents with children in local-authority, independent or outsourced day-care centres under section 19(2)-(4) will decide whether they want to join the parent-organised lunch or meal scheme under subsections (1) and (3) above. Parents joining the parent-organised lunch or meal scheme shall pay the costs of the schemes, but see subsection (9), including the administration of the schemes and any payroll cost to kitchen staff; cf. subsection (5). The cost of lunch and meal schemes under subsections (1) and (3) above shall be calculated exclusive of property expenses which include rent and maintenance. (8). The local council may offer to administer parent-organised lunch and meal schemes under subsections (1), (3) and (6) above. The parents shall pay the local council's expenses for administration under the first sentence; but see subsection (5). (9). When the local council has decided to grant financially aided place subsidy, treatment aided place subsidy or socio-pedagogic aided place subsidy under section 43(1)(ii)-(iv), the local council shall also grant parents with children in day-care centres under section 19 (2)-(5), who have chosen to join a parent-organised lunch scheme under subsection (1) or (6), a financially aided place subsidy, treatment aided place subsidy or socio-pedagogic aided place subsidy to the parent-organised lunch scheme under subsection (1) or (6). The local council shall administer and pay the expenses for administration relating to the granting of aided place subsidy. (10). The local council may decide to grant a financial subsidy to reduce parents' payment for parent-organised meal schemes under subsections (3) and (6). When the local council has decided to grant a financial subsidy to reduce parents' payment, cf. first sentence, the subsidy to the individual parents shall be granted taking into account the parents' financial situation. The local council shall administer and pay the expenses for administration relating to the granting of the subsidy. (11). The Minister for Children, Gender Equality, Integration and Social Affairs shall lay down rules on aided place subsidy to parent-organised lunch schemes.

10 Central evaluation and advisory function 18.-(1). The central evaluation and advisory function for day-care facilities under the Danish Evaluation Institute, cf. the Act on the Danish Evaluation Institute, shall be in charge of systematic collection, analysis and communication of knowledge and evaluation of the day-care facility area. (2). Day-care facilities and local authorities may seek inspiration and guidance on evaluation and quality development from the central evaluation and advisory function. (3). The central evaluation and advisory function may obtain the information from local authorities and daycare facilities deemed important for the work of the evaluation and advisory function. 18a. Day-care facilities may seek advice regarding child environment from the Danish Centre of Educational Environment; cf. the Act on the Educational Environment of Pupils and Students. Part 3 Establishment and operation of day-care facilities Day-care facilities in the form of day-care centres 19.-(1). Day-care facilities may be established as day-care centres. (2). Day-care centres may be operated by one or more local authorities as a local-authority day-care centre. (3). Subject to agreement with the local council, day-care centres may be operated by private providers as independent day-care centres. The provisions of this Act on independent day-care centres shall apply to day-care centres as set out in the first sentence hereof. (4). Subject to agreement with the local council, day-care centres may be operated by private providers as outsourced day-care centres. The provisions of this Act on outsourced day-care centres shall apply to day-care centres as set out in the first sentence hereof. (5). Subject to the approval of the local council, day-care centres may be operated by private providers as private day-care centres. The provisions of this Act on private day-care centres shall apply to day-care centres as set out in the first sentence hereof. 20.-(1). The local council of the local authority of the day-care centre shall approve private day-care centres. A private day-care centre that observes statutory and local-council provisions for approval is entitled to approval. (2). The local council shall determine and publish criteria for approval under subsection (1) above. The local council may require an operating guarantee. (3). The local council may withdraw the approval of a private day-care centre if the centre fails to observe the criteria on which it was approved. (4). The local council may charge a deposit in connection with the application for approval under subsection (1) above. The decisions of the local council under subsections (1)-(4) cannot be brought before any other administrative authorities.

11 Day-care facilities in private homes and other premises in the children s home environment 21.-(1). Day-care facilities may be established as childminding in the childminder's or the children's private homes or other premises in the children s home environment. Childminding used for temporary day care for children, may be established in premises other than childminder's home, children's home or children's home environment. In such case, it is a requirement that the day care is established as a result of temporary absence of short duration of children's own childminder. (2). Childminding under subsection (1) above may be operated by the local authority as local-authority childminding. (3). Childminding under subsection (1) may subject to agreement with the local council be operated by a private provider as private childminding. 22.-(1). The local council shall approve private homes and other premises intended for childminding; cf. section 21. (2). One childminder may take up to five children. If childminding is handled by several people, the local council may decide that the childminder care for up to ten children. (3). The local council may decide that the childminder s own children, who are the same age as the other children in childminding, may be included in the number of children for which the childminder receives payment. Part 4 Admission, guaranteed day-care availability, place in another local authority and termination Admission and guaranteed day-care availability in the local authority of residence 23.-(1). All children under school age shall be entitled to be admitted to a day-care facility. (2). The local council shall offer parents guaranteed day-care availability in day-care facilities under section 19(2)-(4) or section 21(2) and (3). (3). Guaranteed day-care availability implies that the local council shall offer places in an age-appropriate daycare facility under section 19(2)-(4) or section 21(2) and (3) to all children older than 26 weeks and until they reach school age. If the parents want a place immediately after the 26 weeks, the local council has a further four weeks to offer a place. 24.-(1). It is considered as breach of the guaranteed day-care availability if the local council is unable to offer a place in a day-care facility on or before the date at which the child must be offered a place under section 23. (2). If the local council fails to observe the guaranteed day-care availability, the local council shall, effective from the time when the place should be available, (i) cover gross operating costs for a place in a day-care facility in another local authority; cf. section 28; (ii) cover costs for a place in a private day-care centre, cf. section 19(5), or private childminding; cf. section 80; or

12 (iii) provide a subsidy for minding own children; cf. section 86. (3). Subsidies under subsection (2)(ii) and (iii) above may not exceed the local authority s average gross operating costs per place in a day-care facility in the local authority for the relevant age group. (4). The local council shall provide subsidies under subsection (2)(iii) above irrespective of whether the local council generally grants subsidies for minding of own children under section 86 and regardless of whether the subsidy period is shorter than the minimum period; cf. section 88(3). (5). Subsidies to parents under subsection (2) above shall be granted until the local council can offer a place and the parents are free from paying other day-care pursuant to subsection (2) above. 25.-(1). Effective as from the first calendar day of the month following a breach of the guaranteed day-care availability, the local council shall increase the subsidy under section 32(1) and section 33(1) to not less than 78 per cent for all children in local-authority day-care facilities until the guaranteed day-care availability is met again and the local council has laid down new rates for subsidies and user-payment. (2). If the local council fails to comply with subsection (1) above, the local council shall repay the parents the amount by which the subsidy has unjustly not been increased. (3). In very special cases where the local council cannot offer a place within the periods stipulated, the local council may refrain from increasing the subsidy rate irrespective of subsection (1) above if the local council is able to offer a place to the child within one extra month. 26.-(1). The local council shall make a decision on admission to a day-care facility under section 19(2)-(4) or section 21(2) and (3). The decision cannot be brought before any other administrative authority. (2). The local council may decide that independent and outsourced day-care centres and private childminders shall entirely or partially make their own decision on admission to the day-care centre. (3). Private day-care centres shall make a decision on admission to the private day-care centre. The local council cannot offer places in private day-care centres. 27.-(1). The local council shall lay down and publish guidelines for the admission of children in day-care facilities under section 19(2)-(4) and section 21(2) and (3), including for applications for admission; but see section 27a. Parents shall be able to state their wishes for admission to specific day-care facilities. (2). Independent and outsourced day-care centres and private childminders with authority to make admission decisions, cf. section 26(2), shall lay down and publish guidelines for admitting children to such facilities. (3). Private day-care centres shall lay down and publish guidelines for admitting children to such centres. (4). Private day-care centres may only refuse to admit children if they do not have any places. 27a.-(1). Application for admission for a place in a day-care facility under section 19(2)-(4) and section 21(2) and (3) shall be submitted to the local council by using the digital application solution made available by the local authority (digital self-service). In cases where the local council has delegated the authority to make admission decisions to an independent or outsourced day-care centre or a private childminder, cf. section 26(2), the local council may, subject to agreement with the day-care centre or childminder, decide that application shall be

13 submitted digitally to the individual day-care centre or private childminder. Applications not submitted by means of digital self-service will be rejected by the local council; but see subsections (2) and (3). (2). If the local council finds that special circumstances apply, as a result of which the citizen cannot be expected to be able to use the digital self-service solution, the local council shall offer that the application may be submitted in a manner other than by means of digital self-service under subsection (1) above. The local council shall determine how an application comprised by the first sentence hereof shall be submitted, including whether it is to be submitted orally or in writing. (3). The local council may in very exceptional cases in addition to the cases specified in subsection (2) decide not to reject an application which is not submitted through digital self-service, if from an overall financial assessment, it is clearly financially favourable for the local authority to handle the application in a non-digital manner. (4). A digital application is deemed to have been received when it is available to the local council. Place in day-care facilities in another local authority 28.-(1) All children shall have access to be admitted to a day-care facility under section 19(2)-(4) and section 21(2) and (3) in a local authority other than the local authority of residence from the time when the parents have been granted a subsidy from the local authority of residence for a day-care facility; but see subsection (2) below. (2). The local council may decide to close the waiting list for admission of children from other local authorities due to capacity restrictions and special considerations for children from the local authority. (3). In connection with a move to another local authority, all children are entitled to keep a place in a day-care facility under section 19(2)-(4) and section 21(2) and (3). Termination and removal 29.-(1). The local council may not terminate the place of children admitted to a day-care facility under section 19(2)-(4) and section 21(2) and (3) without providing another similar day-care facility or another relevant facility. (2). Private day-care centres may not terminate the place of children in a private day-care centre unless exceptional circumstances apply. (3). The local council shall lay down and publish guidelines for removing children from day-care facilities under section 19(2)-(4) and section 21(2) and (3). (4). Private day-care centres shall lay down and publish guidelines for parents removal of children from such centres. Authorisation 30. The Minister for Children, Gender Equality, Integration and Social Affairs shall lay down rules for deposit and operating guarantee, cf. section 20, guaranteed day-care availability and deadlines for offering places,

14 subsidies under section 24 and rules for closing the waiting list for admission of children from other local authorities. Part 5 Subsidies for day-care facilities and parents own payment Subsidies for day-care facilities in the local authority of residence 31.-(1). The local council of the local authority of residence shall grant parents a subsidy per child to be used for day-care facilities under section 19(2) (4) and section 21(2) in the local authority of residence. (2). Subsidies and own payment shall be determined on the basis of the budgets adopted for the day-care facilities. 32.-(1). Subsidies under section 31(1) to parents with children in local-authority, independent and outsourced day-care centres under section 19(2)-(4) shall constitute at least 75 per cent, and the parents' own payment shall not exceed 25 per cent of the budgeted gross operating costs calculated pursuant to subsection (2). (2). In connection with admission to local-authority, independent and outsourced day-care centres under section 19(2)-(4), the local council's subsidy and the parents' own payments under subsection (1) shall be calculated on the basis of the budgeted gross operating costs for stays in day-care centres, cf. subsection (5), excluding costs for the healthy lunch scheme under section 16a(1) and property expenses, which include rent and maintenance. (3). If the local council decides to include a healthy lunch as part of the day-care facility service, cf. section 16a(2), the subsidy granted by the local council shall constitute at least 75 per cent, and the parents' own payment shall not exceed 25 per cent of the budgeted gross operating costs, including costs for the healthy lunch scheme. (4). In connection with admission to local-authority, independent and outsourced day-care centres under section 19(2)-(4), where a healthy lunch is included as part of the day-care facility service, cf. section 16a(2), the local council's subsidy and the parents' own payments under subsection (3) shall be calculated on the basis of the budgeted gross operating costs for stays in day-care centres, cf. subsection (5), including costs for the healthy lunch scheme and excluding property expenses, which include rent and maintenance. (5) In connection with admission to local-authority, independent or outsourced day-care centres under section 19(2)-(4), the local council s subsidy and the parents own payment under subsections (2) and (4) shall be calculated on the basis of the budgeted gross operating costs of the individual day-care centre or on the basis of the average budgeted gross operating costs of similar day-care centres in the local authority. 32a.-(1). In local, independent and outsourced day-care centres under section 19(2)-(4) with a healthy lunch scheme under section 16(1), the parents shall bear the cost of the lunch scheme. (2). The local council may decide to grant a subsidy to reduce parents' payment pursuant to subsection (1).

15 (3). In connection with admission to local-authority, independent and outsourced day-care centres under section 19(2)-(4) with a healthy lunch scheme, the parents' own payments under subsection (1) and the local council's subsidy under subsection (2) shall be calculated on the basis of the budgeted gross operating costs for the healthy lunch scheme under section 16a(1) excluding property expenses, which include rent and maintenance. (4). In connection with admission to local-authority, independent or outsourced day-care centres under section 19(2)-(4) with a healthy lunch scheme, the parents' own payments under subsection (1) and the local council's subsidy under subsection (2) shall be calculated on the basis of the budgeted gross operating costs for the healthy lunch scheme under section 16a(1) for the individual day-care centre or on the basis of the average budgeted gross operating costs for the healthy lunch scheme for day-care centres of the same type within the local authority. (5). Parents' payment under subsection (1) and any subsidies granted by the local council under subsection (2) shall be determined on the basis of the budget adopted by the local council for the healthy lunch scheme. (6). No payment will be charged under subsection (1) above for children comprised by section 16a(2)-(4). 33.-(1). Subsidies under section 31(1) to parents with children in local-authority childminding under section 21(2) shall constitute at least 75 per cent, and the parents' own payment shall not exceed 25 per cent of the budgeted gross operating costs, excluding property expenses, which include rent and maintenance. (2). In connection with admission to local-authority childminding under section 21(2), the local council s subsidy and the parents own payment under subsection (1) above shall be calculated on the basis of the average budgeted gross operating costs of the local-authority childminder. 34.-(1) The local council of the local authority of residence shall grant a subsidy per child for private childminding. (2). Subsidies for private childminding shall be determined by the local council, and the parents own payment shall not exceed 25 per cent of the budgeted gross operating costs of the private childminder as agreed with the local council. (3). In connection with admission to private childminding, the local council s subsidy per child and the parents own payment shall be calculated on the basis of the budgeted gross operating costs of the individual private childminding facility. 35.-(1). When an independent day-care centre wants to handle the administration, the local council shall grant the independent day-care centre an administration subsidy. (2). The administration subsidy shall correspond to the average administration subsidy per child which the local council grants to independent and outsourced day-care centres in the local authority. Subsidies for private day-care centres 36.-(1). The local council shall provide an operating subsidy per child admitted to a private day-care centre.

16 (2). The operating subsidy shall correspond to the average budgeted net operating costs excluding costs for support persons, cf. section 4(2), per child in an age-appropriate day-care facility in the local authority under section 19(2) and (3) and sections 31-34; but see sections 43 and 44. (3). If the local council grants subsidies under section 32a(2) to a healthy lunch scheme under section 16a(1), the local council shall also grant a subsidy per child admitted to a private day-care centre when the private daycare centre has a healthy lunch scheme under section 16a(1). (4). The subsidy under subsection (3) shall correspond to the subsidy under section 32a(2) which the local council grants per child who is included in the healthy lunch scheme under section 16a(1) for the age group in which the child belongs. (5). The subsidy under subsection (3) shall be used to reduce parents' payment to the healthy lunch scheme under section 16a(1). 37.-(1). The local council of the local authority of residence shall grant a building subsidy per child admitted to a private day-care centre. (2). The building subsidy shall correspond to the average property-related expenses per child in the same age group in the independent and outsourced day-care centres in the local authority. 38.-(1). When a private day-care centre wants to handle the administration, the local council of the local authority of residence shall grant an administration subsidy per child admitted to the private day-care centre. (2). The administration subsidy shall correspond to the average administration subsidy per child which the local council grants to independent and outsourced day-care centres in the local authority. 39. The local council of the local authority of residence shall grant the subsidies under sections from the time when the parents have been granted a subsidy for a day-care facility and the child has been admitted to the private day-care centre and until the child starts school. 40. Private day-care centres shall lay down and publish the parents own payment. Subsidies for day-care facilities in another local authority 41.-(1). The local council of the local authority of residence shall grant a subsidy per child admitted to a daycare facility under section 19(2)-(4) and section 21(2) and (3) in another local authority. (2). In the event of admittance to a day-care facility in a local authority other than the local authority of residence, the subsidy of the local authority of residence is calculated to correspond to the average budgeted net operating costs per place for day-care facilities in the local authority of residence as calculated for the age group of the child. (3). Such subsidy may not exceed the subsidy rate for the age group of the local authority of residence calculated on the basis of the budgeted gross operating costs per place in the day-care facility used in the local authority of the day-care centre as calculated in the local authority of the day-care centre; cf. sections 31-34; but see sections

17 (4). If the local council grants subsidies under section 32a(2) to a healthy lunch scheme under section 16a (1), the local council in the local authority of residence shall also grant a subsidy per child admitted to a day-care centre in another local authority when the day-care centre in the other local authority has a healthy lunch scheme under section 16a(1). (5). The subsidy under subsection (4) shall correspond to the subsidy under section 32a(2) which the local council grants per child who is included in the healthy lunch scheme under section 16a(1) for the age group in which the child belongs. (6). The subsidy under subsection (4) shall be used to reduce parents' payment to the healthy lunch scheme under section 16a(1). (7). The local authority of residence shall pay the subsidy directly to the local authority of the day-care facility. (8). The parents shall pay the difference between the subsidy from the local authority of residence and the gross operating cost per place in the day-care facility used as calculated in the local authority of the day-care centre; cf. sections (1). When parents choose a day-care facility in a local authority other than the local authority of residence, the local council of the local authority of residence may decide to grant an extra subsidy to the local authority of the day-care facility to reduce the costs of the local authority of the facility, reduce the parents own payment or both. (2). The local authority of residence shall pay the extra subsidy directly to the local authority of day-care facility. Sibling discount and aided place subsidy 43.-(1). The local council shall grant a (i) sibling discount to parents with more than one child in a day-care facility, after-school centre, school-based leisure-time facility or private day-care with subsidies under section 80; (ii) financially aided place subsidy taking into account the parents financial situation; (iii) treatment aided place subsidy when a child with considerably and permanently diminished physical or mental capacity stays in a day-care facility for treatment reasons; (iv) socio-pedagogic aided place subsidy when stay in a day-care facility is deemed necessary for social or pedagogical reasons and the issue of payment reduces the child s possibility of being admitted to or remaining in a day-care facility; and (v) subsidy, when a child in need of language stimulation is admitted to a language stimulation scheme in the form of a place in a day-care facility for 30 hours per week; cf. section 11(5). (2). When the local council has decided to grant a sibling discount, financially aided place subsidy, treatment aided place subsidy or socio-pedagogic aided place subsidy under section 43(1)(i)-(iv) to reduce the parents' own payment for a place in a day-care centre, the local council shall also grant to the parents with children in day-care

18 centres which has a healthy lunch scheme under section 16a(1) a sibling discount, financially aided place subsidy or socio-pedagogic subsidy to the healthy lunch scheme under section 16a(1) 43 a.-(1). Application for financially aided place subsidy, cf. section 43(1)(ii) shall be submitted to the local council by using the digital solution made available by the local authority (digital self-service). Applications not submitted by means of digital self-service will be rejected by the local council; but see subsections (2) and (3). (2). If the local council finds that special circumstances apply, as a result of which the citizen cannot be expected to be able to use digital self-service, the local council shall offer that the application may be submitted in a manner other than through digital self-service under subsection (1) above. The local council shall determine how an application comprised by the first sentence hereof shall be submitted, including whether it is to be submitted orally or in writing. (3). The local council may in very exceptional cases in addition to the cases specified in subsection (2) decide not to reject an application which is not submitted through digital self-service, if from an overall financial assessment, it is clearly favourable for the local authority to receive the application in a non-digital manner. (4). A digital application is deemed to have been received when it is available to the local council. Authorisation 44. The Minister for Children, Gender Equality, Integration and Social Affairs shall lay down the rules on subsidies and own payment subject to the provisions of this Part, including rules on the use of the income register, cf. Act No. 403 of 8 May 2006 on an income register, for means-testing of financially aided place subsidy, rules for repayment and back-payment of financially aided place subsidy and rules for the German minority. Title III After-school centre for children of school age Part 6 Purpose, child environmental impact assessment, etc. Purpose of after-school centres 45.-(1). Children in after-school centres shall have a physical, mental and aesthetical child environment that promotes their welfare, health, development and learning. The pedagogic activities in after-school centres shall respect and support the child s own choice of activities while comprising educationally planned activities. (2). After-school centres shall pay special attention to involving and activating children in need of special support. (3). After-school centres shall promote children s linguistic, aesthetic and bodily expressions, health and knowledge of nature.

19 (4). After-school centres shall give children co-determination, co-responsibility and an understanding of democracy. As part of this objective, after-school centres shall contribute to developing children s independence, skills in entering into committing social relations and solidarity with and integration in the Danish society. (5). After-school centres shall promote knowledge of and interrelation with other types of after-school facilities, including athletic associations and cultural services. (6). After-school centres shall cooperate with the school and parents to create a coherent transition between the educational environment of the school and the after-school centre. After-school centres shall allow children to do homework. Child environmental impact assessment 46.-(1). All after-school centres shall prepare a written child environmental impact assessment which contains a mapping of the centres physical, mental and aesthetic child environment. The child environmental impact assessment shall describe any child environmental issues and include an action plan. (2). The child environment shall be assessed from a child s perspective and the children s experience of the child environment shall be included according to the children s age and maturity. (3). The manager of the after-school centre shall involve the parent board in the child environmental impact assessment work. 47.-(1). The manager of the after-school centre is responsible for preparing and publishing the child environmental impact assessment. (2). The manager of the after-school centre is responsible for having the child environmental impact assessment revised at least every three years and whenever there are changes affecting the child environment. (3). After-school centres may seek advice regarding child environment from the Danish Centre of Educational Environment; cf. the Act on the Educational Environment of Pupils and Students. Parent board 48.-(1). Parents with children in a local-authority, independent or outsourced after-school centre shall be entitled to establish a parent board for the individual after-school centre consisting of a majority of elected parents; but see section 24a of the Act on Primary and Secondary Education. After-school centre employees shall be represented on the parent board. The local council may decide that employee representatives on parent boards in local-authority after-school centres shall have a right to vote. (2). Subsection (1) above shall not apply to independent after-school centres, in which the board consists of a majority of elected parents. (3). In respect of private after-school centres, the local council shall in connection with the agreement ensure that parents are given influence on the after-school centre s activities with the children.

20 49.-(1). The parent board of an after-school centre shall lay down the principles for the work of the afterschool centre and for applying the budget framework of the after-school centre within the objectives and framework determined by the local council. (2). The parent board performs its work within the objectives and framework laid down by the local council. In independent and outsourced after-school centres, the parent board shall also perform its tasks within the objective and mission statement stipulated in its by-laws; cf. section 50(2) and (3). (3). The parent board has a right of nomination and right to participate in the appointment of the manager of local-authority, independent and outsourced after-school centres. (4). The parent board has a right of nomination in connection with the hiring of employees in local-authority, independent and outsourced after-school centres. 50.-(1). After having obtained a statement from the parent boards, the local council shall lay down the by-laws for the management of local-authority after-school centres. (2). After having obtained a statement from the parent board, the board of the independent after-school centre shall prepare the by-laws for the management of the centre. The by-laws shall be approved by the local council. (3). After having obtained a statement from the parent board, the private provider of the outsourced afterschool centre shall prepare the by-laws for the management of the centre. The by-laws shall be approved by the local council. (4). The local council may not leave supervision and powers to a parent board that form part of the local council s allocation and employer powers. Parent-paid meal schemes 51.-(1). The local council may decide to allow meal schemes in after-school centres under section 52(2)-(4) and shall lay down the overall framework of the meal scheme. (2). The parent board of the individual after-school centre shall decide whether to start a meal scheme under subsection (1) above and how to plan such a scheme. (3). The individual parents with children in an after-school centre shall decide whether they want to use the meal scheme. Parents using the meal scheme shall pay the costs of the scheme. (4). The local council shall determine a maximum amount for parents payment of meal schemes. The local council may decide that payroll costs involved in meal schemes be included in the parents payment. (5). In the event that the local council decides to allow parent-paid meal schemes under subsection (1) above, private after-school centres may establish parent-paid meal schemes. The private after-school centre shall lay down its own framework for the scheme. (6). The local council may decide to subsidise parent-paid meal schemes in after-school centres under section 52(2)-(5) taking into account the parent s financial situation. Part 7