The Ministry of Health and Welfare announced a legislative notice for partial amendments to the Enforcement Decree and Rules of the Child Welfare Act from February 16 to 25. The amendments aim to prevent protection gaps for foster children by allowing foster caregivers to act as temporary guardians until an official guardian is appointed. The name of the Child Rights Guarantee Agency will also be changed to the National Center for the Rights of the Child, strengthening the state’s responsibility for child welfare. These changes reflect last year’s amendments to the Child Welfare Act and clarify delegated matters in subordinate legislation.
Temporary guardians can apply for and consent to important matters such as surgeries on behalf of foster children, with the temporary guardianship period set at up to one year. However, in cases of delayed official guardian appointment, serious disability or illness, or sudden school transfers, the period may be exceptionally extended. Mayors, county heads, and district chiefs can request temporary guardians to submit reports to monitor for abuse of authority. Additionally, legal grounds have been established for the head of the National Center for the Rights of the Child to provide legal counseling to foster caregivers facing difficulties in appointing guardians.
The revised Enforcement Rules specify that when a protected child (or guardian) has or is suspected of having a disability, local governments must seek opinions from disability experts recommended by the head of the Disability Rights Advocacy Agency. These experts must have qualifications under Article 36-10 of the Enforcement Decree of the Welfare of Persons with Disabilities Act and at least three years of relevant experience. The procedures for legal counseling support by the National Center for the Rights of the Child are also detailed. Furthermore, annual child abuse reports will now include information on children with disabilities.
During the legislative notice period, the Ministry will collect a wide range of opinions before finalizing the amendments. Feedback can be submitted to the Child Policy Division or the National Participation Legislative Center by March 25. These changes are expected to be a turning point in protecting the rights and welfare of foster children. The practical implementation of temporary guardianship and legal support will be closely watched, and the protection system for children with disabilities is set to be further strengthened.
This amendment to the Child Welfare Act’s subordinate legislation is significant in ensuring continuous protection for foster children. Expanding temporary guardianship and legal counseling minimizes legal and administrative gaps, offering real protection for children’s rights. The inclusion of expert opinions for children with disabilities and enhanced reporting will contribute to more tailored welfare policies. These institutional improvements are expected to quickly take root in the field, providing stronger safety and rights guarantees for vulnerable children.