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REGULATIONS GOVERNING TEMPORARY PLACEMENT SHELTERS AND PROTECTION AND SUPPORT CENTERS FOR TRAFFICKING VICTIMS

SECTION I

GENERAL PROVISIONS

Art. 1. The Regulations envisage procedures regulating the opening, operation, management and oversight of temporary placement shelters and protection and support centers for victims of human trafficking.

Art. 2. Temporary placement shelters and human trafficking victims protection and support centers shall be welfare establishments, operating under Art. 9, para 1 and Art.11 of the Act on Combating Trafficking in Persons.

Art. 3. (1) The shelters shall accommodate persons pursuant of Art. 9, para 2 of the Act on Combating Trafficking in Persons.

(2) Placement in shelters is intended to provide victims of human trafficking with shelter, social, medical, everyday and psychological care, to create preconditions to reconnect victims with relatives and specialized institutions and organizations.

Art. 4. (1) Local Commissions to combat trafficking in persons shall have affiliated human trafficking victims protection and support centers that shall provide services to trafficking victims.

(2) Protection and support centers for trafficking victims shall:

  1. provide information about administrative and court procedures  that accord victims of human trafficking protection and support in a language the latter understand;
  2. ensure specialized psychological and medical care;
  3. assist in the reintegration of victims in the family and social environment;

SECTION II

PROCEDURES GOVERNING THE FOUNDING OF SHELTERS FOR THE TEMPORARY PLACEMENT OF TRAFFICKING VICTIMS

Art. 5 (1) Shelters for the temporary placement of victims of trafficking shall be founded by:

  1. The National Commission to combat trafficking in persons, on motion by the local commissions or the municipalities;
  2. Natural persons, registered under the Commercial Code and legal not-for-profit entities that provide shelter to the victims of human trafficking.

(2) Temporary placement shelters under Art. 5, para 1, item 2 shall engage in

activities pursuant of the Act on Combating Trafficking in Persons, following entry in the register maintained by the National Commission to Combat Trafficking in Persons.

Art. 6. In conjunction with a motivated motion, explaining the need for such shelters and the committed human and material resources, local commissions and municipalities shall submit proposals for the founding of shelters under Art. 5, para 1, item 1 to the National Commission.

Art. 7. (1) Entry in the register under Art. 5, para 1, item 2 shall be made after the following documents are submitted to the National Commission:

  1. a written application to the Chair of the National Commission to Combat Trafficking in Persons, in accordance with a sample form pursuant of Annex 1.
  2. a certificate of the current status of the applicant issued by the competent court, listing the purpose of activity as “provision of services to persons, victims of human trafficking”;
  3. a certified copy of the registration certificate under Art. 44 of the Regulations on the Application of the Social Assistance Act;
  4. a natural person’s statement of criminal record or such issued to persons acting in proxy or on authority by the natural persons;
  5. a motivated motion, explaining the need for such shelters and the committed human and material resources.

(2) The registration of shelters for the temporary placement of human trafficking victims that shall provide services to children - victims of trafficking, requires a certified copy of the license issued pursuant of Art. 43 b of the Child Protection Act.

(3) Representative offices of international intergovernmental organizations shall provide services to victims of trafficking on the territory of the country in compliance with international treaties to which the Republic of Bulgaria is signatory.

Art. 8. (1) The National Commission to Combat Trafficking in Persons shall rule on the application and appended documents within 30 days of receipt.

(2) In the event of omissions in the submitted documents the applicant shall be notified in writing and be allowed 7 days to remedy them.

(3) When provisions under Art. 7 and Art. 8, para 2 have not been complied with, the National Commission shall deny registration and notify the applicant in writing.

(4) Upon registration a certificate shall be issued valid for a period of 5 years.

(5) Registration rejections shall be appealable pursuant of the Supreme Administrative Court Act.

Art. 9. (1) Registration shall be cancelled:

  1. on decision by the National Commission to Combat Trafficking in Persons;
  2. on request by  the registered person;
  3. upon termination of the legal entity and deletion from the Commercial Register of the natural person registered under the Commercial Code;
  4. upon declaring the registered person insolvent;
  5. upon cancellation of the registration pursuant of Art. 44 of the Regulations on the Application of the Social Assistance Act and Art. 43 b of the Child Protection Act;
  6. when the provisions of the current Regulations have been contravened;
  7. when business conducted is in derogation of the law and good morals.

(2) The Executive Director of the Social Assistance Agency and the Chair of the State Agency for Child Protection shall notify the Chair of the National Commission to Combat Trafficking in Persons within 14 days of cancellation of the registration  under Art. 44 of the Regulations on the Application of the Social Assistance Act and Art. 43 b of the Child Protection Act.

Art. 10. (1) The cancellation of the registration shall be effected by order of the Chair of the National Commission to Combat Trafficking in Persons.

(2) The order shall be subject to appeal pursuant of the provisions of the Supreme Administrative Court Act.

Art. 11. In order to be issued a new registration certificate the registered person shall submit an application one month prior to the expiration of the registration deadline, attaching the documents under Art. 7.

SECTION III

OPERATIONAL RULES OF THE SHELTERS FOR TEMPORARY PLACEMENT OF VICTIMS OF HUMAN TRAFFICKING

Art. 12. Shelters for the temporary placement of trafficking victims shall operate round-the-clock.

Art. 13. (1) The shelter staff shall comprise welfare workers, medical personnel, tutors, psychologists, lawyers and other specialists, assisted by support staff.

(2) The Chair of the National Commission shall endorse minimum requirements regarding staffing levels and qualification.

Art. 14. Shelter employees shall be obligated to comply with statutory requirements on the safety of personal data they have become privy to in the course of or in conjunction with the discharge of official duties and similarly respect the dignity and integrity of the persons placed therein.

Art. 15. Shelter security shall be provided by law enforcement authorities pursuant of Art. 18 a of the Ministry of the Interior Act or by companies licensed to provide private security services pursuant of Art. 81 b of the said Act. The staff of the abovementioned shall be obligated to comply with statutory personal data protection requirements.

Art. 16. (1) Shelters shall be required to maintain the following paperwork:

  1. a log book of  all accommodated persons;
  2. a placed person’s registration card;
  3. a placed person’s personal file;
  4. a journal of the minutes of staff meetings.

(2) Documents per each individual case shall be stored on file in accordance with procedures set by the National Commission.

Art. 17. The personal file of each placed person shall contain:

  1. a filled-in questionnaire recording personal data;
  2. a psychological profile of the person’s condition;
  3. prescribed medical treatment and therapy;
  4. individual schedule for victim support;
  5. notes relevant to discharge from the shelter.

SECTION IV

REQUIREMENTS FOR ACCOMMODATION AT SHELTERS FOR THE TEMPORARY PLACEMENT OF VICTIMS OF HUMAN TRAFFICKING

Art. 18. (1) Shelters shall accept persons who have stated they are victims of human trafficking.

(2) These persons may convey their wish to be placed in a shelter to state authorities and organizations pursuant of the Act to Combat Trafficking in Persons.

Art. 19. (1) Shelters shall be open for placement at all times round-the-clock.

(2) Upon placement of a person a report shall be filed, signed by the welfare worker or the on-duty shelter staff on the one hand, and the person on the other. The report shall be recorded in the registration journal of the shelter.

(3) The relevant pre-trial authorities shall be notified within 24 hours of the placement.

Art. 20. (1) The State Agency for Child Protection shall be promptly notified of the placement of a child – victim of human trafficking.

(2) Children, human trafficking victims, shall be accommodated in separate premises away from adults.

Art. 21. (1) The victim shall be placed in a shelter for a period of 10 days.

(2) The duration under para 1 may be extended by 30 days at the proposal of local commissions, pre-trial authorities or the court when the person has so indicated.

(3) In cases pursuant of Art. 27 of the Act to Combat Trafficking in Persons the duration of the stay may be extended by the relevant prosecutorial order until criminal proceedings close.

(4) In addition to cases under para 3, the time period may be extended by decision of the staff, contingent on vacancies.

Art. 22. (1) During their stay at the shelter trafficking victims shall be entitled to:

  1. standard accommodation and sanitary amenities;
  2. food and medicine;
  3. access to emergency medical aid and psychological counseling.

(2) Placed trafficking victims shall be obligated to comply with in-house rules.

Art. 23. Trafficking victims shall be notified in a language they understand of their rights and obligations for the duration of their stay, the right to seek asylum and basic services provided by protection and support centers.

Art. 24. (1) Persons placed at shelters shall be provided breakfast, lunch and dinner daily, consistent with their age and health condition.

(2) Meal arrangements for those placed in shelter care shall be defined in the in-house rules.

Art. 25. Persons placed in shelters who have no appropriate for the season clothing and shoes shall be issued such free of charge in accordance with standards endorsed by the Chair of the National Commission.

Art. 26. (1) Medical care for persons placed in shelters and centers shall be provided by health establishments designated by the National Commission or local commissions pursuant of contracts for the provision of the said service.

(2) Every placed person shall undergo medical check-ups. If diagnosed with a contagious or parasitic disease, the person shall be provided medical treatment and hospitalized, should the need arise.

FINAL PROVISION

# Sole provision. This regulation shall be adopted pursuant of Art. 12, para 1 of the Act on Combating Trafficking in Persons.

Annex 1 under Art. 7, para 1, item 1

To:

The Chair of National Commission

to Combat Trafficking in Persons

APPLICATION

By…………………………………………………………………………………………...

(first name, patronymic, family name of natural person/person represented by legal entity)

PIN……………………. ID card……………issued………………………….representing

(name of natural person registered under the Commercial Code/legal entity)

BULSTAT………………….NCR No………………………………………Seat, address:

………………………………………………………………………………………………

………………………………………………………………………………………………

(Registration under Art. 44 of RASAA and/or license No. under Art. 43b of CPA)

Mr. Chair,

Pursuant of Art. 6 of the Regulations governing shelters for temporary placement and protection and support centers for trafficking victims I request entry in the register of the National Commission to Combat Trafficking in Persons.

I hereby enclose the following documents:

1……………………………………………………………………………………………..

2……………………………………………………………………………………………..

3……………………………………………………………………………………………..

4……………………………………………………………………………………………..

Date:……………. Signed:……………………….