The Ministry of Social Rights, Consumption and Agenda 2030 wants workers in nursing homes in a situation of dependency or people with disabilities to be obliged to prove that they have no history of sexual crimes, according to the draft of the draft law that will reform the laws. dependency and disability; a requirement that is already requested to work with minors, as established by the Law on the Protection of Children against Violence.
According to the text of the draft Preliminary Project, “it will be requirement for access and exercise of any professions, trades and activities that involve regular contact with people with disabilities and/or in a situation of dependency” the “not having been convicted by a final judgment for any crime against sexual freedom and indemnity” as well as for any crime of trafficking in human beings.
To this end, he adds that “whoever seeks access to such professions, trades or activities must prove this circumstance by providing a negative certification from the Central Registry of Sexual Offenders”.
This is reflected in the draft of the “Draft Law modifying the Consolidated Text of the General Law on the rights of people with disabilities and their social inclusion, approved by Royal Legislative Decree 1/2013, of November 29 , and Law 39/2006, of December 14, Promotion of Personal Autonomy and Care for people in a situation of dependency, for the extension and reinforcement of the rights of people with disabilities to inclusionautonomy and universal accessibility in accordance with article 49 of the Spanish Constitution”.
The text, which has 36 pages and is dated November 5, includes that the autonomous communities must establish “warning and rapid response systems against possible cases of malpracticelack of good treatment, discrimination or limitation of rights” and that the results of the inspections must be published.
It also modifies the previous law regarding the obligation of the Autonomous Communities to establish socio-health coordination procedures, to specify that these mechanisms must “guarantee comprehensive care that responds to those situations of people in a situation of dependency that require special attention.” complementary and synergistic of health and social services” and ensure access to healthcare of all people in a situation of dependency “on equal terms with the rest of the citizens, regardless of their place of residence.”
On the other hand, as stated in the text, gender violence, social isolation or housing circumstancesaccessibility or health, will be considered factors to urgently process the procedure for recognition of the dependency situation.
Personal assistance
Likewise, according to the draft of the preliminary project, personal assistance It will no longer be an economic benefit linked to a service and will be included in the Catalog of promotional services. of autonomy and care for dependency. Likewise, telecare is included for “all people in a situation of dependency.”
Also are added to the catalog the ‘Home care and support service’ and the ‘Service for the provision of support products for personal autonomy’, which are added to the home help service, day centers or residence, among others.
All of this is in line with the principles on which Social Rights wants this law to be inspired as “the “respect for the freedom of choice, will, preferences and self-determination of people in a situation of dependency” and the “personalization of care.”
Regarding the care and support service in homes, two modalities appear in the text. One of them is in a home where a small number of dependent people live together, located in a community environment of ordinary homes, with a participatory coexistence model and agreed between the people who live together and with accommodation and maintenance services included.
The other modality consists of decent and adequate housing that is part of a collective facility, located in a community environment, and with health services. common care for all homes. The accommodation service will not be included in this type of provision and in each home they may live with the person in a situation of dependency, relatives or caregivers at their suggestion, according to the text.
Beneficiaries
In addition, according to the draft, the residences must become an environment of “trust and well-being, homely, inclusive, accessible and with full participation in the community” with the provision of the necessary supports “for the development of an independent and meaningful life project, putting your preferences, rights and privacy at the center of attention”.
On the other hand, the article referring to the incompatibility of benefits is deleted and a new one is added in which the service of support products – devices, computer programs or equipment – is included through a loan or temporary transfer system.
Likewise, the article that refers to the Individual Care Program (PIA) is modified to emphasize that it must be established “in agreement with the person in a situation of dependency” through “a prior consultation procedure” and it is specified that, in the cases in which the proposal of social services does not coincide with the preferences of the beneficiary, they must “justify it with reasons and prove that they have previously exhausted all options that allow them to respect said will”.
Regarding the determination of economic capacity, a new article is added which establishes that when considering the assets, the age of the beneficiary and the type of service provided will be taken into account and The habitual residence will not be taken into account.
Likewise, regarding the criteria for determining the participation of beneficiaries in the cost of services, the draft of the preliminary project contemplates, for example, in the case of residences, guaranteeing “a minimum amount for personal expenses intended to promote physical and emotional well-being.”
Besides, the application of the specific assessment scale is expandeda (EVE) from three to six years old.
On the other hand, the draft law includes the right of people in a situation of dependency “to receive restraint-free carewhether physical, mechanical or pharmacological, and restrictions”, only allowed “in exceptional cases, when there is an imminent danger to life” and with a documented procedure.
Likewise, an article is added that recognizes the right of non-professional caregivers to receive support, advice and training; to receive information, in understandable and accessible terms, about the benefits available and to facilitate the reconciliation of personal, family and work life.
It also contemplates the possibility of establish regulatory exemption spaces in which new alternative modalities of care services are developed through pilot projects.
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