(2024.10.15-ны өдрийн орчуулга)                                            Unofficial translation

LAW OF MONGOLIA

January 17, 2024         State Palace, Ulaanbaatar city

ON CHILDREN PROTECTION

/Revised edition/

CHAPTER ONE

GENERAL PROVISIONS

Article 1.Purpose of this Law

1.1.The purpose of this Law is to define the national system of child protection, the rights and obligations of the participants/stakeholders in child protection, to prevent children from being exposed to risky situations, to ensure the safety of children, the right of children to be protected, and the well-being of children by providing them with the necessary assistance and services.

Article 2.Legislation on children protection

2.1.Legislation on children protection shall consist of Constitution of Mongolia, the Law on Children's Rights, the Law on Family, the Law on Combatting Domestic Violence, the Law on Social Welfare, the General Law on Education, the Law on Health, the Law on Labor, this Law, and other legislative acts issued in accordance with them.

2.2.In case that any international treaty to which Mongolia is a party provides otherwise than this Law, the provisions of the international treaty shall prevail.
2.3.If the established legal norms regarding children's rights and child protection are in contravention, the law that improves the legal status of children shall be applied.

Article 3.Scope of the application of the Law

3.1.A child residing permanently or temporarily in the territory of Mongolia is subject to the application of this Law, regardless of whether they are a citizen of Mongolia or not.

3.2.This Law shall apply to children who are nationals of Mongolia and residing outside the borders of Mongolia, if it is specified in international treaty of Mongolia.

3.3.The care and services stipulated in this Law may be provided to persons aged 18-21 if it is stated in international treaty of Mongolia.

Article 4.Definition of terms of the Law

4.1.The following terms used in this Law shall have the following meanings:

4.1.1."child's well-being" means a supportive environment that meets the physical, health, emotional, social, cognitive, educational, and economic needs and requirements of the child, and fosters the development of children;

4.1.2."child protection" means comprehensive policies, activities, and services that adhere to the principles set forth in this Law aimed at protecting, rehabilitating, and preventing inappropriate treatment, violence, and exploitation of children in all social environments;

4.1.3."violence against children" /hereinafter referred to as "violence"/ means physical, emotional, economic, sexual harassment, violent acts or omissions that harm the normal growth, development, health, and safety of children;

4.1.4."child at risk" means the following child:

4.1.4.a.child whose life, health, safety, and normal development environment have been lost;

4.1.4.b.child who has been subjected to violence or is in a situation of being subjected to violence;

4.1.4.c.child without a parent, guardian or custodian;

4.1.4.d.children in the emergency situation of disaster or disaster.

4.1.5."child participant in the case adjudicating proceedings" means the following child:

4.1.5.a.child victims and witnesses of crimes and violations;

4.1.5.b.juvenile suspect, accused, defendant;

4.1.5.c.child involved in the violation;

4.1.5.d.child who has been punished for committing a violation, has been criminally liable, and has been released from a special educational institution;

4.1.5.e.child whose rights and legal interests are affected in civil and administrative case adjudicating proceedings.

4.1.6."neglecting a child" means putting the child in a hazardous situation due to neglecting the child's safety, physical, health, emotional, educational, and developmental needs, and failing to fulfill the duty of care by the child's father, mother, guardian, supporter, or other responsible person;

4.1.7."child victim of a crime or violation" means a child who is a victim of a crime or violation, regardless of whether he or she has been identified as a victim in accordance with the Law on Violation Resolving Procedure and the Law on Criminal Procedure;

4.1.8."peer bullying" means one or more children intentionally and repeatedly engaging in aggressive behaviors, whether physically, verbally or electronically with the intention of physically or emotionally harming, harassing, discriminating, intimidating or threatening another child or children;

4.1.9."child protection services" means the services provided by the participants/stakeholders of the child protection system in the form of immediate assistance, protection, rehabilitation, and prevention in order to ensure the right of children to be protected;

4.1.10." legal committee on children's rights" means a local non-staff unit in charge of making decisions on providing necessary care and services to children involved in case adjudicating proceedings, and ensuring the implementation of such decisions;

4.1.11."joint team" means as defined in sub-paragraph 5.1.4 of the Law on Combatting Domestic Violence;

4.1.12."foster family" means a family other than the child's relative that takes care of a child in a risky situation who separated from the family on the basis of this Law for the period specified in the contract;

4.1.13."case management" means the professional activity of delivering, coordinating and monitoring necessary services aimed at children and families at certain stages;

4.1.14."child protection professional management" means theoretically and methodologically guiding, supporting, mentoring, and developing social work professionals providing child protection services;

4.1.15."prohibited content" means content, works, news, information and advertisements prohibited by law;

4.1.16."content harmful to children" means the content, works, news, information and advertisements that is not prohibited by law, however, that adversely affect the health, age, physical, mental and moral development, maturity and upbringing of children.

Article 5.Principles of child protection

5.1.The following principles shall be followed in child protection activities:

5.1.1.to prioritize children's rights, best interests, and safety;

5.1.2.to ensure the right and participation of children to express their views and opinions;

5.1.3.child protection should be system-based, family-centered, multi-faceted, comprehensive, specialized, targeted, prompt, accessible, and effective;

5.1.4.in case of separation of the child from the family, to strive to keep the child in the care of lineal and collateral relatives as a priority, keep the child with his/her brother, sister, or younger sibling;

5.1.5.when the state protects children, to take necessary and appropriate measures to achieve the goal of ensuring the safety and well-being of children;

5.1.6.to accept children's situation and differences, and respect children's dignity.

5.2.Parents, guardians, custodians, person who directly interact with children and others shall be prohibited from using physical punishment or humiliation in the upbringing and interaction with children.

CHAPTER TWO

CHILD PROTECTION SERVICES

Article 6.Form of child protection services

6.1.Child protection services shall be in the following forms:

6.1.1.emergency care service;

6.1.2.protection and rehabilitation services;

6.1.3.preventive services.

Article 7.Emergency assistance service

7.1.According to Article 16 of this law, if information is received or detected about a child in a risky situation, and if the child is in a dangerous situation,  the soum, bagh, or khoroo governors, police officers, social workers for children and families, shall provide immediate assistance to the child, eliminate the danger, and take necessary actions to remove the threatening situation. If deemed necessary, the child may be temporarily placed in a safe location without the consent of the parents, guardians, or custodians until the dangerous situation is resolved.

7.2.If a child is in dangerous situation due to the actions or inactions of a parent, guardian, or custodian, the measures stipulated in paragraph 30.1 of the Law on Combatting Domestic Violence shall be taken, and the child will be temporarily separated from the family. In this case, the consent of the child's parents, guardians and custodians are not required.

7.3.Within the scope of emergency care services, the child's safety will be ensured, and the child will be immediately connected to emergency medical care, psychological and legal counseling, and psychotherapy services. If deemed necessary, a child protection safety plan will be developed and implemented.

7.4.If it is determined through an assessment of the level of danger and risk that the child is not in a dangerous situation due to the actions or inactions of the parents, guardians, or custodians, the child shall be returned to the parents, guardians, or custodians.

Interpretation: The term "a child is in a dangerous situation" stipulated in this article means a situation where the child's life or health is at danger, or where the child's behavior is in a situation that could endanger their own or others' life or health.

Article 8.Protection and rehabilitation service

8.1.Protection and rehabilitation services shall be provided in a family environment or in a separate environment from the family.

8.2.The following services shall be provided within the scope of protection and rehabilitation services:

8.2.1.to provide advice and social work services on child care and upbringing;

8.2.2.to provide psychological counseling and services to help them overcome psychological shock, crisis, and injury;

8.2.3.to provide socio-psychological counseling aimed at changing children's behavior caused due to violence against children;

8.2.4.to provide services that connect and facilitate the involvement of children in education, activities, and programs in compliance with their developmental characteristics and needs, with the goal of learning and growing the children, and developing their talents;

8.2.5.to provide services to support children's development;

8.2.6.to study the abilities, developmental characteristics, and interests of children who have missed school, and provide services to connect them with the appropriate educational institutions;

8.2.7.to improve the relationship between children and parents, and to include them in training on solving conflicts and crises of the relationship;

8.2.8.to support and advise working children to engage in light work and work in accordance with the conditions and requirements set forth in the Law on Labor, and to protect and prevent them from being exposed to dangerous and intolerable forms of employment;

8.2.9.to provide assistance and support to the family, and to connect in the workplace in order to improve their living conditions;

8.2.10.to provide advice and information to parents, guardians, custodians, and children on how to participate in social welfare services, and to assist them in preparing the necessary documents thereto;

8.2.11.to create a special program for working with parents, guardians, and custodians who are dependent on alcohol, alcoholic beverages, drugs, or psychoactive substances and include them in related services;

8.2.12.to include parents, guardians, and custodians in violent relationships in compulsory or voluntary programs to influence their behaviors;

8.2.13.to be assigned parental duties and responsibilities to the parents who adopted the child, to protect the rights of the child and provide assistance in case the adoption is considered invalid;

8.2.14.to provide service on re-uniting the child who is being under protection and rehabilitation services in a separated environment from his/her family;

8.2.15.others services stipulated by the legislation.

8.3.Protection and rehabilitation services shall be provided in accordance with the child protection service plan stipulated in paragraph 18.3 of this Law.

8.4.Protection and rehabilitation services stipulated in paragraph 8.2 of this Law may be provided simultaneously.

8.5.If the local organization in charge of child and family development issues and a person aged 18-21 years old agree, protection and rehabilitation services can be provided to him/her until he/she reaches the age of 21 years old.

8.6.Standards of psychological services, protection and rehabilitation services for child victims of sexual violence shall be approved by the state administrative organization in charge of standardization and technical regulation issues.

Article 9.Provide protection and rehabilitation services in a separate environment from the family

9.1.If the protection and rehabilitation services provided in the family environment have not been effective, or if the provision of the services in the family environment is likely to harm the rights of the child, protection and rehabilitation services shall be provided in a separate environment from the family.

9.2.When providing protection and rehabilitation services in an environment separated from the family, the following alternative childcare services shall be used:

9.2.1.to take care of the child in relatives;

9.2.2.to take care of the child in a foster family;

9.2.3.to be included in the services of child care institutions/orphanage.

9.3.When deciding whether to enroll a child in alternative childcare services or change the service, the opinion of a child who has reached the age of seven, the opinion of a local organization in charge of child and family development issues, and a child and family social worker shall be obtained.

9.4.Soum, district governor, or local organization in charge of children and family issues to ensure the life, health and safety of the child until the child is included in alternative childcare services, the measures stipulated in paragraph 30.1 of the Law on Combatting Domestic Violence may be taken in advance.

9.5.When enrolling a child in alternative childcare services, unless it conflicts with the child's rights or legal interests, he or she shall be kept with his or her siblings.

9.6.The government member in charge of child and family development issues shall approve the procedure for providing services in the alternative childcare services.

9.7.The standard of alternative childcare services shall be approved by the state administrative organization in charge of standardization and technical regulation issues.

9.8.Progress of the alternative childcare services shall be monitored by the soum, district governor, and local organization in charge of child and family development issues.

Article 10.Grounds for separation of children from their families

10.1.Protection and rehabilitation services shall be provided to children in an environment separate from their families on the following grounds:

10.1.1.both parents are deceased;

10.1.2.by court decision, both parents are considered to be decease or missing;

10.1.3.both parents are considered to be incapable or have limited civil legal capacity by court decision;

10.1.4.parental rights are restricted or revoked by court decision;

10.1.5.both parents are unable to take care of the child personally due to the fact that they are being treated in the hospital for a long time, detained, or are serving a prison sentence;

10.1.6.parents have repeatedly failed to fulfill their duties to care and support  their children without a valid reason;

10.1.7.due to violence committed by parents against their children, the child's physical, mental, and developmental well-being has been endangered.

10.2.If the parent, who has been granted custody of the child due to divorce or other legal grounds under law, has faced the grounds specified in paragraph 10.1 of this Law,  the provision of the protection and rehabilitation services to the respective child in an environment separate from his/her family shall be similarly applied.

10.3.If the child is separated from the family on the grounds stipulated in sub-paragraphs 10.1.5, 10.1.6, and 10.1.7 of this Law, and the child is placed in alternative childcare services, and the child cannot be reunited with the family, the issue of restriction and revocation of parental rights shall be decided in accordance with the provisions stipulated in the Law on Family.

10.4.The protection and monitoring of assets and inherited assets of children who are separated from their families and enrolled in alternative child care services on the grounds stipulated in this article shall be resolved in accordance with the relevant laws.

Article 11.Taking care of children by lineal and collateral relatives

11.1.The matter on whether or not the child will be taken care of by a family of lineal and collateral relatives shall be decided based on the written consent of the respective family and an assessment of the family's situation.

11.2.Other relationships related to the appointment of a guardian or custodian for the care of a child in a family of lineal and collateral relatives shall be regulated by the Law on Family.

Article 12.Taking care of the child by a foster family

12.1.Family information of the person applying to become a foster family shall be registered by the local organization in charge of child and family development issues, and the situation of the family shall be assessed. If the family is determined to be able to provide foster family services through the assessment of the situation, they will receive training and be issued a certificate.

12.2.When transferring a child to a foster family for taking care of them, the local social welfare service organization and the local organization in charge of child and family development issues shall conclude a child care contract with the family.

12.3.The child care/custody agreement shall include the following:

12.3.1.to provide children with conditions for living and learning in a healthy and safe environment;

12.3.2.the rights and obligations of guardians;

12.3.3.rights and obligations of organizations in charge of child and family development issues;

12.3.4.bonuses for guardians, other allowances and discounts to be provided according to relevant legislation;

12.3.5.children's property;

12.3.6.duration of the agreement, grounds for cancellation and termination of the agreement, and its consequences.

12.4.It shall be prohibited to enter into a child care agreement with a person who cannot take care of a child due to property, finances, or health status, who has returned a child who was cared for through his/her own fault, or who is prohibited from being appointed as a guardian or custodian in accordance with the Law on Family.

12.5. After transferring the child to a foster family, unfavorable conditions have arisen for the family, violence has been committed against the child, the child has been placed in a risky situation, and there are grounds for cancelling the child care agreement, the local organization in charge of child and family development issues and the soum and district governor shall immediately cancel the agreement.

12.6.The agreement may be terminated prematurely if a valid reason /illness, change of family and property status, mutual misunderstanding, disputable status/ was occurred to the foster family.

12.7.A child who has been transferred to a foster family shall have the right to receive breadwinner loss pension, social welfare pensions and benefits, and other benefits in accordance with legislation.

Article 13.Involving the children in the services of child care institutions/orphanage

13.1.If the child cannot be involved in the services stipulated in Articles 11 and 12 of this Law, he/she shall be included in the services of a child care institution/orphanage.

13.2.The services of the child care institutions/orphanage shall be organized and delivered in a family-like environment and in a group setting.

13.3.Other relations related to the inclusion of children in the services of child care institutions/orphanage shall be regulated by the Law on Social Welfare.

Article 14.Preventive services

14.1.State administrative and local organizations in charge of child and family development issues, joint teams, and social workers of the child and family shall develop prevention programs and plans base on the case management and evidence, implement them step by step, and evaluate the results.

14.2.Preventive services shall have the following types:

14.2.1.impact measures aimed at the target group;

14.2.2.multilateral and joint measures.

14.3.Preventive services shall be coordinated with the work of preventing crimes and violations to be organized by state and local administrative organizations, courts, law enforcement agencies, and organizations with inspection and monitoring functions.

14.4. A legal entity shall be obligated to conduct training, awareness-raising, and advocacy work in the field of child protection and prevention

14.5.Preventive services can be organized with the participation and assistance of voluntary staff and children, and the registration and training of the respective staff shall be organized by the local organization in charge of child and family development issues.

14.6.The state central administrative body in charge of child and family development issues shall develop and approve a strategy for communication with media and community as well as the public awareness in the areas of children's rights and child protection.

Sub-chapter one

Case management

Article 15.Case management phase

15.1.Child protection services shall be provided within the following stages of case management:

15.1.1.to identify and communicate with children at risk;

15.1.2.to evaluate the situation of the child and family;

15.1.3.to create a plan for child protection services;

15.1.4.to provide and coordinate the child protection services;

15.1.5.to monitor and evaluate the progress and results of child protection services; and,

15.1.6.to close the child protection case.

15.2.The case management stage stipulated in paragraph 15.1 of this Law shall not apply to the provision of preventive services.

15.3.If the child to whom child protection services are provided, his/her parents, guardians, or custodians do not know Mongolian, or have limited ability to express their legal interests due to visual, hearing, or language difficulties, a translator or an interpreter shall be present.

15.4.The child and family social worker shall document the decisions and actions taken within the framework of the child protection service during the period from the opening to the closing of the child protection case in accordance with the relevant standards, forms and instructions within the determined timeframe, save them in physical and electronic form, and enter them into the database.

15.5.Child protection services shall be provided by the joint team of the child's place of residence, the legal committee on children's rights, and the local organization in charge of child and family development issues. If the child's place of residence changes during the child protection case resolution, the child protection case shall be transferred to the joint team, the legal committee on children's rights, and the local organization in charge of child and family development issues of the respective jurisdiction.

15.6.Each child registered for providing emergency care and services, as well as the protection and rehabilitation services shall be considered as one case of child protection, and each case shall have a registration and a number.

15.7.Other relationships not regulated by this sub-chapter shall be governed by the social work service standards approved by the relevant legislation and by the state administrative body in charge of standardization and technical regulation issues.

Article 16.Identifying children at risk

16.1.State administrative and local organizations in charge of child and family development issues, social workers for children and families, governors of soums, baghs, and khoroos shall make suggestions and initiatives to identify children at risk, and use all possible methods, including receiving complaints and information from children, individuals and legal entities.

16.2.Any individual or legal entity who suspects or is aware of a child in a risky situation shall have the obligation to promptly report it to the local organization in charge of child and family development issues, the social worker for children and families, the governor of the soum, bagh, or khoroo, and the emergency assistance hotline for children.

16.3.A person who has direct contact with a child in the course of work, professional or voluntary activities shall be obliged to report about a child in a risky situation, and this takes precedence over his/her obligations under the code of ethics, contracts and agreements.

16.4.A 24-hour emergency hotline shall be operated in order to receive and detect news and information stipulated in this article.

Article 17.Confidentiality of the informant's identity

17.1.The personal information of the person who provided information about the child at risk shall be kept confidential unless he/she agrees to share his/her information with others.

17.2.If the disclosure of the information on the child's request for help by him/herself to the child's parents, guardians, and custodians may harm the child's rights and legal interests,  the respective information shall be held confidential.

17.3.Measures shall be taken to protect the source of the information and the personal information of the informant, and to prevent its disclosure to others when keeping the information confidential as specified in this article.

Article 18.Assessing the situation and making a plan

18.1.An assessment of the situation shall be conducted in order to determine the appropriate child protection services for the child. The child and family social worker may take the assistance of a joint team or relevant specialist if it is necessary in order to assess the situation.

18.2.When assessing the situation, the child's physical, health, psychological, behavioral, cognition, socialization, and educational status, the family and learning environment, growing and upbringing skills of the child's parents, guardians, and custodian, as well as the relationship between them and others shall be carefully analyzed and studied.

18.3.If the assessment of the situation determines that protection and rehabilitation services are necessary for the child, a child protection service plan shall be drawn up in order to improve the environment and conditions of the child and his/her family.

18.4.The child protection service plan shall include issues such as implementation period, cooperation of stakeholders, distribution of their work and duties, procedures for mutual information exchange, delivery of child protection services in mobile form to children living in remote areas and administrative units and others.

18.5.The child protection service plan shall be approved by the joint team leader and the person who developed the plan, and if necessary, the child protection service plan may be amended.

18.6.When developing a child protection service plan, the opinion of the child's parents, guardians, custodians, and children who have reached the age of seven shall be taken.

18.7.The child protection service plan shall be submitted to the office of the legal committee on the rights of children under the jurisdiction.

18.8.The procedure for assessing the situation shall be jointly approved by the members of the Government in charge of child and family development and legal affairs.

18.9.Children and family social workers and joint team members who have assessed the situation shall be given incentives in accordance with the methodology of financing child protection services and service cost norms.

Article 19.Providing and coordinating a child protection services

19.1.Child protection services shall be provided in accordance with the plan stipulated in paragraph 18.3 of this Law.

19.2.When providing child protection services, the child and family social worker shall receive the opinions and conclusions of the child, his/her parents, guardians, custodians, members of the joint team, and stakeholders, and conduct individual and joint meetings and consultations with them, connect them to necessary services, and coordinate the activities of the stakeholders.

Article 20.Monitoring and evaluating the process and results of child protection services

20.1.Progress and final evaluation shall be made based on the purposes, objectives, and implementation of the activities, as well as the results thereupon, specified in the child protection service plan. The opinions of children, parents, guardians and custodians shall be reflected in the assessment.

Article 21.Closing the child protection case

21.1.Child protection cases shall be closed on the following grounds:

21.1.1.the purposes of the child protection service is fulfilled and the well-being of the child is ensured;

21.1.2.the child reached the age of 18 and the child who has not agreed to receive child protection services until the age of 21;

21.1.3.the child is adopted;

21.1.4.the child deceased.

21.2.When closing a child protection case, it shall be presented to the local organization in charge of child and family development issues and permission shall be obtained.

21.3.If the child is reunited with the family, the child and family social worker shall conduct an assessment of the situation per quarter and monitor it for up to two years.

CHAPTER THREE

CHILD PROTECTION IN THE FAMILY AND SOCIAL ENVIRONMENT

Article 22.Child protection in the family

22.1.When raising and taking care of their children, parents shall use positive methods of education free from violence appropriate to their age, physical and mental characteristics, and advise and help the child.

22.2.Measures will be taken to protect the rights of parents and children, and to prevent and protect them from crime, violation, violence, and peer bullying.

22.3.Conduct a risk assessment of the environment in which parents and children live, eliminate risks, and create a child-friendly environment within the family.

22.4.It is prohibited to abuse the rights of parents in relation to children, neglect, mistreat, use physical punishment, and humiliate children.

22.5.Parents are forbidden to allow their children to work, or to employ them in household production or services that endanger the child's mental and physical development, life, or health, except for those permitted by law.

22.6.It is prohibited to transmit information, audio, audio-visual, visual texts, photographs, or upload them to the online environment that adversely affect the rights and dignity of parents and children.

22.7.Parents have the right to apply for child protection services, receive advice and information, and participate in and cooperate with child protection services unless it adversely affects the rights and legal interests of the child.

22.8.Consuming alcoholic beverages in the presence of a child, or entering the environment or residence where a child lives or studies while consuming alcohol can be equated with placing the child in a risky situation.

22.9.This article applies equally to guardians and custodians of children.

Article 23.Child protection in the education sector

23.1.Educational institutions, lifelong learning centers, religious schools of churches have a child protection policy and a plan for its implementation.

23.2.In the environment of the institution and dormitory stipulated in paragraph 23.1 of this Law, the following measures shall be taken to ensure that children are not exposed to crime, violation, violence, or peer bullying:

23.2.1.not to allow children to participate in training and activities that may harm life, health, or safety;

23.2.2.to take measures to prevent and protect children from exposure to crime, violations, violence, and peer bullying;

23.2.3.to operate an open channel for receiving complaints and information about violence and peer bullying;

23.2.4.to include children involved in crimes, violations, violence, peer bullying or victims of child protection services;

23.2.5.to take measures to prevent and protect children from exposure to harmful habits, drunkenness, drug addiction, and addiction;

23.2.6.to provide training and advice to teachers, employees, parents, guardians, and custodians on children's rights and positive methods of child rearing;

23.2.7.during the school year, to regularly take measures to assess whether children are at risk, give advice, detect and investigate social and psychological problems of each child;

23.2.8.to place surveillance cameras in the approved locations of the educational institution in accordance with the law, install speed limiters, safety signs and markings in the traffic around the school;

23.2.9.to map the conditions of the training environment and conduct quarterly risk assessments, approve and implement risk prevention plans;

23.2.10.to provide professional assistance in solving problems and conflicts arising from relationships between children and between children, teachers, employees, parents, guardians, and custodians;

23.2.11.not to inform or disclose the personal and sensitive information of the child and his family members to any person except as permitted by law;

23.2.12.to immediately notify the family, parents, guardians and custodians in case the child does not come to school for unknown reasons;

23.2.13.if you know, suspect or discover that a child is exposed to a risk situation, to notify the local organization in charge of child and family development issues and the child and family social worker.

23.3.If parents, guardians, supporters, school teachers, staff, psychologists, and volunteers who are aware of, suspect, or discover incidents of violence or bullying in the school environment or dormitories are required to immediately inform the director of the educational institution and the school social worker.

23.4.The educational institution and lifelong learning center shall receive the information stipulated in paragraph 23.3 of this Law and shall take the following measures:

23.4.1.to report to the local organization in charge of child and family development issues, and if the violence or peer bullying is a crime or violation, report to the relevant authority;

23.4.2.to keep confidential the information of students who report violence and peer bullying, and to take measures to prevent further violence and peer bullying;

23.4.3.to organize a meeting with parents, guardians and custodians of students who are involved in violence or peer bullying, and provide advice and information;

23.4.4.to immediately involve the child victim in psychological counseling and services;

23.4.5.to apply the following measures one after the other to children who have committed violence and peer bullying:

23.4.5.a.to admonish and give advice to the student individually and apologize to the victimized student;

23.4.5.b.to provide psychological counseling and services, to involve parents, guardians, and custodians in training and activities that affect children's development.

23.5.The state central administrative organization in charge of education issues shall implement the following functions in the field of child protection:

23.5.1.approving the procedure for providing child protection services in the education sector;

23.5.2.creating a database of child protection services in the education sector;

23.5.3.monitor whether the curriculum of educational institutions and lifelong learning centers includes the content of identifying children in risk situations and acquiring the skills to provide child protection services.

23.6.The local organization in charge of child and family development issues shall supervise the implementation of the rights of children staying in boarding houses of educational institutions and churches in cooperation with the provincial education department and the district education department.

23.7.The state central administrative organization in charge of child and family development and education issues shall supervise the implementation of the rights of children studying in religious institutions/schools abroad in cooperation with the central state administrative organization in charge of foreign relations issues.

23.8.Government members in charge of child and family development and education issues will jointly approve the procedure for assessing the safety of the environment of educational institutions and temples.

23.9.The general requirements for child protection services in the educational environment shall be jointly approved by the members of the Government in charge of child and family development and education issues.

23.10.Every three years, the organization stipulated in paragraph 17.2 of the General Law on Education will conduct a surveillance survey of the situation of children studying in educational institutions and lifelong learning centers.

23.11.In accordance with sub-paragraph 40.2.8 of the General Law on Education, the representative organization of parents, guardians, and guardians shall have a child rights and child protection plan.

Article 24.Child protection in health care

24.1.The health organization has a program and plan to implement the child protection policy in the health sector.

24.2.If a health worker suspects or is aware of a child in a risky situation while performing their duties, they are required to promptly inform the local organization in charge of child and family development issues, or the police, or the children's helpline.

24.3.Health care institutions shall provide health care and services to children in risk situations regardless of nationality. Paid care and services provided by health care organizations shall be provided directly to child victims of domestic violence and crime, regardless of nationality or order.

24.4.It is prohibited to transmit or inform others about the personal and sensitive information of a child or his family member that a health worker learns during the provision of health care and services, except when required by an authorized organization or official.

24.5.The state central administrative organization in charge of health issues shall implement the following functions in the field of child protection:

24.5.1.approving the procedure for providing child protection services in the health sector;

24.5.2.creation of a database of health care and services provided to children at risk;

24.5.3.organize training and refresher training aimed at detecting children in risk conditions, providing emergency and primary care and services, and improving the skills of health workers and medical specialists.

Article 25.Child protection in the media, broadcasting and digital environment

25.1. Parents, guardians, custodians, and legal entities shall protect children from all forms of prohibited and harmful content that negatively affects their health, mental well-being, upbringing, and development in family settings, educational institutions, and dormitory environments while exercising their rights and fulfilling their responsibilities as stipulated by the law.

25.2.The state administrative organization in charge of child and family development issues, the Communications Regulatory Commission, and the central police organization shall be in charge of disseminating recommendations and guidelines to the public on protecting children from electronic games, harmful content, and online networks that may negatively impact their health, physical, mental, moral development, and maturity, as well as monitoring their implementation.

25.3.It is prohibited for persons and legal entities to entrap, bully, or harass children online.

25.4.It is prohibited for a person or legal entity to publicly distribute content, news, information, or works containing children's pictures, songs, or audio-visual recordings, without the permission of the child's parents, guardians, or custodians, which defame the dignity and reputation of the child.

25.5.Media, broadcasting, and digital environment service providers are in charge of not distributing prohibited content on their services, and for monitoring, restricting, and blocking content harmful to children.

25.6.According to the opinion and decision of the authorized organization, the Internet service provider shall take technological measures to restrict content harmful to children and prohibited in its network.

25.7.The broadcasting service provider shall place the age category mark before distributing content and works to the public.

25.8.In order to protect children from prohibited and harmful content for children, the provider of multi-channel broadcasting services has created conditions for activating settings for adults.

25.9.The provider of multi-channel broadcasting service is obliged to limit and block the prohibited and harmful content for children in its service as stipulated in the notification of the Communications Regulatory Commission.

25.10.If a person or legal entity believes that children's rights have been violated or may be violated due to the dissemination of prohibited content in the media, broadcasting, or online, they shall file a complaint with the state inspector of children's rights and the police for resolution.

25.11.The government members in charge of digital development, communication, child and family development and legal issues shall jointly approve the procedure for preventing and protecting children from prohibited and harmful content in the electronic environment.

25.12.There will be a part-time council with the function of making an opinion on whether the contents, news, information and works distributed by the media, multi-channel transmission and electronic environment service providers in the electronic environment and broadcasting contain harmful content for children.

25.13.The Government shall approve the composition and working procedures of the part-time council stipulated in paragraph 25.12 of this Law.

Interpretation: The term "digital environment service provider" defined in this article means a service provider that delivers content and works to the public using websites, digital tools/applications, platforms, and digital environments.

"cyber-entrapment" as defined in this article shall be defined as establishing contact with a child using the Internet for the purpose of enticing the child to commit a crime or violation.

"cyberbullying" defined in this article shall be defined as the dissemination of messages and information containing inappropriate content that bullies, excludes, intimidates, or insults a child in the online environment to him/herself or to others.

"cyber-harassment" in this article shall be defined as actions or omissions that cause anxiety or pressure to a child in an online environment using personal or sensitive information.

Article 26.Child protection in public events and services

26.1.Organizers and participants are responsible for preventing children from entering risky situations, accidents and injuries during trade, services, public events, demonstrations, gatherings, traffic, examinations and competitions involving children.

26.2.Any person or legal entity who believes that a child's rights have been violated during the measures and services provided for in paragraph 26.1 of this Law shall report to the local organization in charge of child and family development issues, child and family social worker, police organization, and children's helpline.

26.3.Child protection standards during demonstration and assembly shall be approved by the state administrative body in charge of standardization and technical regulation issues.

26.4.The state inspector of children's rights and the police will monitor the safety of children participating in public events and services.

26.5.Governors of soum and district, state inspectors of children's rights monitor whether children's rights are violated in the activities of citizens and legal entities engaged in training outside of trade and service establishments, educational institutions, and if the child is placed in a risky situation, measures will be taken to limit or stop the activity.

Article 27.Child protection in cultural and sports activities

27.1.Children shall participate in cultural and sports activities, art performances, sports competitions, and other events in an environment that does not adversely affect their development, health, upbringing, and maturity based on the written consent of their parents, guardians, and custodians.

27.2.When children participate in cultural and sports activities, art performances, sports competitions, and other events, measures shall be taken not to interrupt educational activities and to eliminate delays.

27.3.To ensure that educational activities are not disrupted and to eliminate any delays, parents, guardians, custodians, and involved parties shall collaborate within the framework of the educational program and content, and if children participate in activities organized by government agencies at the national, regional, or local levels, the school administration shall organize this accordingly.

27.4.During cultural and sports activities, art performances, sports competitions and training, teachers and coaches are in charge of preventing and stopping activities that harm the life and health of children.

27.5.During horse races and training for races, the jockey has the following duties to ensure the rights, life, health, and safety of children:

27.5.1.not to limit the right of child contestants to study;

27.5.2.to subject the child contestant to a complete medical examination and make a conclusion about growth and development;

27.5.3.to provide child contestants with protective clothing and equipment that meet the standards approved in accordance with the Law on National Festivals;

27.5.4.to ensure the child competitor with accident insurance covering the horse race and the training period;

27.5.5.in the event of damage to the health of the contestant child, or in the event of a situation in which the life or health of the contestant may be damaged, immediately include the child in medical care and services;

27.5.6.do not let a child competitor ride a horse more than twice in one day. This sub-paragraph does not apply to the preparatory phase of a race;

27.5.7.to conclude an agreement with parents, guardians, and custodians of contestants in writing or digital form in accordance with the law.

27.6.The age of a child who can ride a horse in a horse race cannot be lower than the age set by the law on the National Festival.

27.7.The governor of the local organization in charge of child and family development issues, soum, bagh, district, khoroo, children and family social workers control whether the children who ride horses in the race are insured for accident insurance and whether they use protective clothing that meets the standards.

27.8.Procedures for children's participation in cultural and sports activities and the protection of children's rights shall be jointly approved and implemented by the state administrative organization in charge of cultural, physical, sports, and children and family issues.

27.9.The government members in charge of culture and sports issues shall jointly approve the child protection policy in cultural and sports activities, and measures will be taken to include the expenses required for the implementation of the policy in the annual budget.

27.10.If a person or a legal entity does not perform its functions prescribed by law, the rights and legal interests of children are damaged, they shall bear the responsibility stipulated by the relevant law.

Article 28.Child protection during disasters and emergency situations of disaster

28.1.State organizations and officials are prohibited from making decisions to limit or stop child protection services during disasters or emergency situations of disaster.

28.2.In the event of a disaster or emergency situations of disaster, relevant government agencies and officials will provide assistance in providing child protection services in all possible ways and forms.

28.3.Activities to ensure the life and safety of children, to prevent risks, to reduce the negative impact on children, and to promptly provide child protection services during disasters and emergency situations of disaster shall be organized with the participation of legally obligated government organizations, legal entities, and volunteers.

28.4.Digital signatures, electronic seals, electronic documents, information systems, and information networks may be used to deliver child protection services during disasters and emergency situations of disaster.

28.5.The standards of child protection services provided during disasters and emergency situations of disaster shall be approved by the state administrative organization in charge of standardization and technical regulation issues.

28.6.It is prohibited to leave a child without the supervision of an adult in the event of a disaster or emergency, or to take or transport a child from his/her place, except to ensure the child's life, health, and safety.

Article 29.Child protection in case adjudicating proceedings

29.1.The rights of children who have reached the age of seven to speak and express their opinions must be ensured in case adjudicating proceedings where the rights and legal interests of children are affected.

29.2.Obtaining explanations, statements and opinions from children, examining and searching the child's body shall be carried out in a particular room suitable for the child's age, gender and mental characteristics, and the operation shall not be carried out without the child's legal representative.

29.3.Authorized officials, investigation organizations, and courts shall carry out the following actions before obtaining explanations, statements, or opinions from the child:

29.3.1.to provide the child with the necessary information to make his/her opinion and decision;

29.3.2.to explain the possible consequences of his/her will, supported opinion, speech, and decision.

29.4.Authorized officials, investigation organizations, prosecutors, and courts are prohibited from disclosing information to the public regarding the child involved in legal proceedings without the consent of the parents, guardians, custodians, or legal representatives, and if the child is 14 years old or older, without the child's consent.

29.5.The state administrative organization in charge of child and family development issues, in collaboration with the General Council of Courts, shall organize the preparation, training, and certification of experts to provide assessments in cases and disputes affecting children's rights and legal interests.

29.6.Child protection procedures in the case adjudicating proceedings shall be jointly approved by the members of the Government in charge of child and family development and legal affairs, the General Prosecutor of Mongolia, and the Chairman of the General Council of Courts.

CHAPTER FOUR

CHILD PROTECTION SYSTEM, MANAGEMENT AND ORGANIZATION

Article 30.Child protection system

30.1.The national child protection system consists of multifaceted and comprehensive cooperation with child protection organizations, specialized human resources, child protection services, integrated child protection database, monitoring and evaluation, budget and finance.

30.2.In cases where the laws of Mongolia specifically provide for child protection, the services, activities, and measures shall be a component of the child protection system.

30.3.The state organization supports and implements child protection within the framework of the functions stipulated by law.

30.4.Employers and legal entities shall establish and ensure the implementation of a child protection policy within their organizations.

30.5.A person who has been criminally liable for committing a crime against a child or against the sexual freedom and inviolability of a person is prohibited from working in an organization that provides child rights and child protection services, or from performing work and duties related to children.

Interpretation: The term "child protection policy" defined in this Law means the document approved by the organization or legal entity that defines the goals and objectives of preventing and protecting children from exposure to risk and violence, and creating a child-friendly and safe environment.

Article 31.Management and organization of child protection

31.1.The management and organization of child protection involve the government, the central state organization in charge of child and family development issues, local government organizations, soum and khoroo's social workers for children and families, the national and local councils for children's rights, local self-governing bodies, the governots at all levels, and the legal committee for children's rights.

31.2.Persons and legal entities may be involved in child protection activities in Mongolia in accordance with this Law.

Article 32.Functions of the Government

32.1.The government ensures the implementation of child protection legislation, including activities and measures to ensure children's rights and well-being in Mongolia's long, medium, and short-term development policies and planning documents, and provides stable funding for child protection.

Article 33.Functions of the state central administrative organization in charge of child and family development issues

33.1.The state central administrative organization in charge of child and family development issues shall implement the following functions in the matter of child protection:

33.1.1.to monitor the implementation of child protection legislation;

33.1.2.to cooperate with international and foreign organizations in the field of child protection;

33.1.3.to approve requirements and accreditation procedures for legal entities providing child protection services;

33.1.4.other functions stipulated by the law.

Article 34.Functions of the state administrative organization in charge of child and family development issues

34.1.The state administrative organization in charge of child and family development issues shall implement the following functions in the matter of child protection:

34.1.1.to annually report the results of work performed on child protection to the Government, the National Council for Children, and the central state administrative organization in charge of child and family development issues;

34.1.2.to organize the implementation of child protection legislation, to take measures to improve the quality and availability of child protection services, to plan and organize activities to be implemented in the given year based on information, monitoring and evaluation;

34.1.3.to implement the budget and financing policy of child protection services and supervise spending;

34.1.4.to provide professional and methodological guidance to local organizations in charge of child and family development issues, legal committees for children's rights, joint teams, babysitters, daycare centers, and legal entities operating in the field of child protection;

34.1.5.to develop and use of the unified database of child protection and electronic personal file of child protection;

34.1.6.to create and develop a database about children participating in the case adjudicating proceedings in cooperation with law enforcement agencies, prosecutors, courts, and court decision enforcement agencies;

34.1.7.to accredit, monitor, assess and evaluate legal entities providing child protection services;

34.1.8.to manage and organize the interdisciplinary cooperation of the parties involved in the child protection system and ensure coordination;

34.1.9.to organize retraining and qualification of child protection service workers in cooperation with relevant organizations and universities;

34.1.10.to cooperate with the relevant organization on training and qualification of legal entities, government organizations, courts, prosecutors, and law enforcement officials in the field of child protection;

34.1.11.to organize retraining and qualification of child and family social workers and law enforcement officers on communication with disabled children in cooperation with the state administrative organization in charge of the disabled issues;

34.1.12.to provide professional and methodological assistance in approving and implementing a child protection policy by a legal entity, and monitor whether it is being implemented;

34.1.13.to organize scientific studies and research on child protection;

34.1.14.to support the participation and cooperation of people, legal entities, families and communities in child protection;

34.1.15.to put to the authorized person the issue of including a representative of the state inspector of children's rights or an accredited legal entity operating in the field of children's rights and child protection in the commission for the commissioning of buildings, highways and road facilities;

34.1.16.to approve retraining and qualification programs and procedures for employees providing child protection services;

34.1.17.to approve training programs and procedures for parents, guardians, and supporters in the field of child rights and child protection;

34.1.18.other functions stipulated by the law.

Article 35.Functions of local organizations in charge of child and family development issues

35.1.Organizations in charge of child and family development in aimag, the capital city, and districts shall implement the following functions in the matter of child protection:

35.1.1.based on the research and report on child protection, to prioritize the direction of work to be implemented in the future;

35.1.2.to implement professional management of child protection;

35.1.3.to organize the detection, surveillance and registration of children at risk in cooperation with the local police and other related organizations;

35.1.4.to plan and implement child protection services based on the number of children at risk and the shared database on child protection services;

35.1.5.for the purpose of supporting the joint team, to establish a specialized support team for specific areas of child protection services, such as providing social work services, psychological counseling and services, working with minors and victimized children;

35.1.6.to keep a unified register and research on the child protection services provided to the child at risk and his family, and enter it into the unified child protection database;

35.1.7.to organize work to ensure the fulfillment of the decision made by the Legal Committee of Children's Rights regarding the provision of assistance and support to children participating in the case adjudicating proceedings;

35.1.8.to select a legal entity to provide accredited child protection services and sign a contract;

35.1.9.to organize necessary advice, training, assistance, and support for families, parents, guardians, and supporters regarding raising and protecting children;

35.1.10.to organize, in cooperation with the court decision enforcement agency, the compulsory training of parents, guardians, and dependents in accordance with the law or by court decision;

35.1.11.to organize training and qualification of employees of state institutions, courts, prosecutors, law enforcement agencies, and legal entities in the field of children's rights and child protection;

35.1.12.other functions stipulated by the law.

35.2.The capital city organization in charge of child and family development issues shall provide the district organization in charge of child and family development issues with professional, methodical management and support in carrying out its functions.

35.3.The head of the organization in charge of child and family development issues in the aimag and capital city shall be appointed and dismissed by the head of the state administrative organization in charge of child and family development issues in accordance with the law.

35.4.The head of the district organization in charge of child and family development issues shall be appointed and dismissed by the head of the capital city organization in charge of child and family development issues in accordance with the law.

35.5.In addition to the general requirements stipulated in the Law on Civil Service, the head of the local organization in charge of child and family development issues must have at least four years of experience in a government agency dealing with child and family development, including at least two years as a social worker for children and families.

Article 36.Child and Family Social Worker

36.1.A person who has a higher education in the profession of social worker, or who has obtained a higher education in the field of education or social science and has undergone training for social work specialization, will be employed as a child and family social worker on the basis of being granted the right to provide social work services.

36.2.The child and family social worker shall be responsible for the following obligations:

36.2.1.to detect, receive information, register, and thoroughly check children who are at risk;

36.2.2.to take measures to ensure the safety of children within the scope of emergency services;

36.2.3.to carry out risk and situation assessments, draw conclusions, plan, deliver, evaluate, close, and review child protection services based on these;

36.2.4.to perform case management in delivering child protection services to children and their families who are at risk;

36.2.5.to register, document, archive and enter the process of child protection services in the database in accordance with relevant regulations and instructions in each case of child protection;

36.2.6.to periodically submit reports and information on child protection services provided to children and their families to the local organization in charge of child and family development;

36.2.7.to organize training and influence activities in the field of preventing children from entering risky situations;

36.2.8.to immediately notify the relevant organization in charge of child and family development issues about the possible circumstances in which a child is involved in a crime or violation, or is a victim of a crime or violation;

36.2.9.to participate as a legal representative of a child in accordance with the Law on Criminal Procedure and the Law on Violation Resolving Proceedings;

36.2.10.to comply with social work service standards.

36.3. The child and family social worker shall have the following rights:

36.3.1.to file petitions and complaints on behalf of children in the protection of children's rights to relevant organizations regarding parents, guardians, and custodians who have harmed children's rights and legal interests;

36.3.2.to provide social work services, training, counseling, and setting requirements for children, their parents, guardians, custodians, individuals, legal entities, and the public on child protection issues;

36.3.3.refuse to act contrary to professional ethics, obligations stipulated in this Law and to the client;

36.3.4.to collect news, information and documents related to child protection services free of charge from relevant persons;

36.3.5.to seek the assistance of a law enforcement officer if there is a danger to one's life or health while providing child protection services.

36.4.A child and family social worker shall have a code of conduct, which shall be approved by the government member in charge of child and family development issues in consultation with professional associations.

36.5.The procedure for granting or revoking the right to provide social work services to children and family social workers, and the procedure for revoking them shall be approved by the member of the government in charge of child and family development issues.

36.6.Based on the size of the territory of the unit, population density, number of families and children, crimes against children, violations, etc., the Government shall approve criteria and methods for determining the number of child and family social workers working in sub-committees.

36.7.The Government member in charge of child and family development issues shall approve the positions of child and family social workers to work in sub-committees in consultation with the Government member in charge of finance and budget issues.

36.8.Children and family social workers working in soums and khoroos shall be appointed and dismissed by the head of the organization in charge of child and family development issues in the aimags or districts in accordance with the law.

Article 37.Functions of national and local councils for children

37.1.National and local councils for children shall carry out the activities stipulated in paragraph 16.4 of the Law on Children's Rights in matters of child protection.

37.2.National and local councils for children discuss the work report on child protection within the 3rd quarter of each year, and provide guidance to the central and local organizations that exercise relevant executive powers, local self-governing organizations, and other relevant legal entities regarding the measures to be implemented in the future, and make suggestions to the participants who have the right to define policies and make decisions.

Article 38.Functions of local self-governing bodies

38.1.Citizens Representatives Khural of an Aimags, Soums, Capital city, and Districts shall implement the following functions in matters of child protection:

38.1.1.to include activities and measures to ensure children's rights and children's well-being in medium-term planning documents, annual development plans, and governor's action programs for the development of aimags, capital city, and cities, and supervise their implementation;

38.1.2.to annually include and approve the cost of child protection funding, joint team, work and services of the legal committee for children's rights in the local budget;

38.1.3.at least twice a year to discuss the report of the council and the proposal of the governor for the child of that level, and give directions;

38.1.4.other functions stipulated by the law.

Article 39.Functions of the governor at all levels

39.1.Governors of aimags and the capital city shall implement the following functions in the matter of ​​child protection:

39.1.1.to ensure the implementation of decisions made by the Government and local self-governing organizations in connection with the implementation of child protection legislation;

39.1.2.to include funding for child protection in the annual budget draft of that level;

39.1.3.to provide assistance and support to local organizations in charge of child and family development issues;

39.1.4.other functions stipulated by the law.

39.2.Governors of soums and districts shall implement the following functions in the matter of ​​child protection:

39.2.1.to ensure the implementation of decisions made by the Government, local self-governing organizations, and higher-level governors in connection with the implementation of child protection legislation;

39.2.2.to monitor compliance with laws and standards in child protection services, regardless of jurisdiction or form of ownership;

39.2.3.to organize the provision of child protection services in a mobile form, taking into account the characteristics of the territory and remoteness from the center;

39.2.4.to provide child and family social workers with working conditions and opportunities;

39.2.5.to lead the joint team according to paragraph 20.1 of the Law on Combatting Domestic Violence;

39.2.6.other functions stipulated by the law.

39.3.The governor of the bagh and khoroo shall implement the following functions in the matter of ​​child protection:

39.3.1.to carry out detection and registration of children at risk in cooperation with child and family social workers;

39.3.2.to conduct surveillance research on the situation of children and families, and submit the necessary issues to the higher-level Governor and local organizations in charge of child and family development issues;

39.3.3.to lead the joint team according to paragraph 20.1 of the Law on Combatting Domestic Violence;

39.3.4.other functions stipulated by the law.

Sub-chapter one

Legal Committee on Children's Rights, Joint Team

Article 40.Legal Committee on Children's Rights

40.1.Governors of aimags and districts shall establish a legal committee on children's rights (hereinafter referred to as "legal committee") with the function of providing assistance and services to children participating in the case adjudicating proceedings in the territory under their jurisdiction, in consultation with the Citizens Representatives Khural at that level.

40.2.The composition of the Legal Committee shall consist of senior officials of the following organizations:

40.2.1.office of the local self-governing organization;

40.2.2.aimag and district child and family development department and division;

40.2.3.aimag and district education departments and division;

40.2.4.aimag's health department, district general hospital, health center;

40.2.aimag, district labor and social welfare service departments and divisions;

40.2.6.office of branch council coordinating crime prevention work;

40.2.7.unit in charge of legal issues of the governor's office;

40.2.8.police departments and divisions in aimags and districts;

40.2.9.court decision enforcement departments and divisions in aimags, capital city, and districts;

40.2.10.aimag and district prosecutor's office;

40.2.11.court secretariat office.

40.3.Representatives of local branches and units of professional self-governing organizations of legal entities, lawyers, and attorneys may be included in the legal committee.

40.4.The legal committee shall be established by the Governor of the soum, in consultation with the local Citizens Representatives Khural, with the approval of the Aimag Citizens Representatives Khural, in areas where courts, units of the court enforcement agency, and soum or soum prosecutor's offices operate.

40.5.If the unit atipulated in paragraph 40.2 of this Law does not exist, the officer in charge of the issue shall be included in the legal committee.

40.6.The functions of the legal committee chairman shall be performed by the governor, or upon his/her assignment, the deputy governor, or the head of the legal affairs unit of the governor's office of the aimag or district.

40.7.A member of the legal committee is in charge of providing information to the legal committee and its office within the scope of his/her responsibility, and is in charge of the implementation of decisions made by the legal committee at the level of the subordinate organization.

40.8.A legal committee member is obliged not to disclose personal or sensitive information about a child who has applied to the legal committee or received services, or his/her legal representative.

40.9.The legal committee shall have an office, and the functions of the office shall be performed by the child and family social worker of the aimag, district, and the child and family social worker of that soum will perform the role of the secretary of the legal committee in soum.

Article 41.Functions of the Legal Committee

41.1.The Legal Committee shall make a decision to provide the following services to the children participating in the case adjudicating proceedings and shall ensure their implementation:

41.1.1.to approve the service plan for children participating in the case adjudicating proceedings and monitor its implementation;

41.1.2.in case of necessity, to organize the work of pre-certifying the statements of young children by means of audio and audio-visual recordings;

41.1.3.to prevent or stop the child from being pressured by parents, family members and other persons during the case adjudicating proceedings, to provide psychological advice, legal assistance and information to the child, to make decisions and opinions on his/her own meet the conditions for telling and requesting;

41.1.4.to give advice to parents, family members, peers, school and community, organizing meetings and interviews and calculating the results;

41.1.5.to enroll children in treatment to get rid of harmful habits and behavior-influencing training;

41.1.6.to collaborate with the investigation organizations and authorized officials to prevent any negative impact on adolescent suspects, accused individuals, defendants, and parties involved in criminal case adjudicating proceedings and dispute resolution, and to propose the appointment of a guarantor for the child;

41.1.7.to take measures to organize the process of obtaining explanations and statements from juvenile suspects, accused persons, defendants, and related parties in the place where the child is or in a particular room, except for taking preventive measures for child victims, witnesses and children of crimes;

41.1.8.to monitor the implementation of training and education programs and plans for children who have been subject to coercive measures of educational quality, and provide professional and methodological guidance;

41.1.9.to organize the work of providing the necessary environment and conditions for children sentenced to prison to enjoy their right to education;

41.1.10.to make proposals to prison institutions and prosecutors on the issue of early release of a child sentenced to imprisonment, and to provide advice, support and assistance in the fulfillment of such duties in the event that a child released from imprisonment is assigned a duty during the supervision period;

41.1.11.to provide advice, support, and assistance to the child whose execution of the decision has been delayed or who has been subject to disciplinary coercive measures in fulfilling the duties and restrictions imposed by the court;

41.1.12.children who have been sentenced to imprisonment or detention, who have been taken into custody, and who do not have parents or guardians, are accepted when they are released from special training and education institutions, detention centers, and are provided with childcare options and appropriate transfer to the organization;

41.1.13.to include adolescent suspects, accused persons, defendants, persons involved in violations, criminal liability, and children who have been punished for violations in training and development programs;

41.1.14.to include a child released from a special educational institution, his/her parents, and a supporter in work and professional orientation and employment training;

41.1.15.to provide legal and child protection services to children who are not covered by the Law on Protection of the Witnesses and Victims, and to protect the rights and legal interests of children.

41.2.The legal committee shall prepare the annual action plan and the budget for its implementation and approve it by the council for the children of that stage.

41.3.The duty of creating a database of decisions and services provided by the Legal Committee will be implemented by the office, and the state administrative organization in charge of child and family development issues will provide professional and methodological management and control.

Article 42.Sessions of the Legal Committee and their decisions

42.1.The main form of activity of the Legal Committee will be a meeting, and the decisions from the meeting will be in the form of resolutions and recommendations.

42.2.The meeting of the Legal Committee shall be considered valid if the majority of the members participate, and the issue shall be resolved by the majority of the members present at the meeting.

42.3.The meeting of the Legal Committee shall be held within 5 days after receiving the information of the child involved in the case adjudicating proceedings in accordance with Article 43 of this Law, if necessary, at the initiative of the chairman or two or more members.

42.4.The Office distributes information and relevant documents to the members at least two working days before the meeting of the Legal Committee.

42.5.The legal committee shall determine the order of the meeting itself.

42.6.The Legal Committee has a printed sheet. The logo of the local child and family development organization shall be applied to the decision of the Legal Committee.

42.7.The Legal Committee may submit to the authorized person a proposal to impose disciplinary punishment on public servants who do not implement the decision of the Legal Committee or obstruct the implementation.

Article 43.Obligation to notify the Legal Committee about the child involved in the case adjudicating proceedings

43.1.The following person shall submit the information of the child involved in the case adjudicating proceedings to the office of the Legal Committee:

43.1.1.authorized officials, investigation organizations, juvenile suspects, accused persons, persons involved in violations, victims of crimes and violations, and child witnesses;

43.1.2.the juvenile accused transferred to the court, the child whose custody measures were taken, the child who was convicted, the coercive measures of educational quality were taken, whose rights and legal interests are affected in the civil and administrative case adjudicating proceedings;

43.1.3.the court decision enforcement agency shall provide the information of the child serving a sentence in a special training and education institution 30 days before the end of the sentence, or within 3 days after the release in case of release on other grounds.

43.2.In the event that the office of the Legal Committee receives or obtains the information of a child participating in the case adjudicating proceedings in accordance with paragraph 43.1 of this Law, the Legal Committee shall issue an appropriate decision and organize the necessary assistance and services for the child.

43.3.The office of the Legal Committee shall provide assistance and services to children participating in the case management process within the framework of the case management stage.

43.4.The situation assessment report of the child and his/her family involved in the case adjudicating proceedings shall be submitted to the authorized person, and the authorized person has the right to attach the situation assessment report to the case file and evaluate it as evidence.

43.5.Authorized officials, investigation organizations, and courts shall cooperate with the subordinate legal committee and its office in providing services to children involved in the case adjudicating proceedings until the completion of the case adjudicating proceedings.

Article 44.Joint team

44.1.When providing child protection services, the joint team shall cooperate with child and family social workers of local organizations, sub-districts and committees in charge of child and family development issues.

44.2.The members of the joint team are obliged to assist the child and family social worker within the scope of their obligations in providing child protection services.

44.3.The member of the joint team and the person or legal entity cooperating with the joint team during the provision of child protection services are obliged to keep the child's information confidential, and a written guarantee of confidentiality shall be obtained from them.

Article 45.Joint Team Functions

45.1.In addition to the provisions of the Law on Combatting Domestic Violence, the joint team shall implement the following functions in the matter of ​​child protection:

45.1.1.to regularly implement activities to detect children at risk;

45.1.2.to stop violence against children and provide emergency assistance services if a child is in a dangerous situation;

45.1.3.to organize public training and promotion work on preventing children from entering risky situations in cooperation with state organizations and accredited legal entities operating in this field;

45.1.4.to approve and monitor the implementation of child protection service plans for children at risk and their families;

45.1.5.to organize the work of connecting children at risk with education, health, social care, and other necessary services;

45.1.6.to submit the budget proposal required for the provision of child protection services in the given year to the local organization in charge of child and family development.

45.2.The child protection services provided to children and families by the joint team shall be registered in the database and submitted to local organizations in charge of child and family development issues.

Article 46.Arrangement of Joint Team

46.1.The main form of operation of the joint team will be the meeting, and the meeting will be considered valid if the majority of the members of the joint team participate, and the issue will be resolved by the majority of the members present at the meeting.

46.2.The role of secretary of the joint team shall be performed by the child and family social worker of the sub-committee.

46.3.The decision of the meeting of the joint team shall be in the form of conclusions and notes.

Article 47.Participation of people, legal entities and international organizations in child protection

47.1.Child protection services may be carried out by a qualified individual or an accredited legal entity through a contractual agreement.

47.2.The database of persons and legal entities working in the field of child protection shall be registered and maintained by the state administrative organization in charge of children and family issues.

47.3.Person and legal entities performing child protection services under a contract are obliged to follow the rules of professional ethics and standards of social work services.

47.4.If a person or legal entity providing child protection services under contract repeatedly violates the terms of the agreement or commits serious offenses, as determined by the court, the national child rights inspector, or authorized officials, this shall serve as grounds for including that individual or entity in the registry of those restricted from providing child protection services under contract.

47.5.If the conditions stipulated in paraghraph 47.4 of this Law arise, the state inspector of children's rights shall submit the proposal to include the person in the register of persons with restricted rights, together with relevant evidence, to the central state administrative organization in charge of child and family development issues.

47.6.The central state administrative organization in charge of child and family development issues shall maintain and publicize the register of persons whose rights to perform child protection services have been restricted by contract based on the opinion of the state inspector of children's rights that the conditions stipulated in paragraph 47.4 of this Law have been established.

47.7.The period of inclusion of a person or a legal entity in the registration of a person whose rights are restricted is valid for three years from the date of the decision of the central state administrative organization in charge of child and family development issues.

47.8.Person and legal entities may provide support and assistance in other forms, such as financing, donating or donating activities for the development of child protection services and infrastructure.

47.9.International and foreign organizations and accredited legal entities operating in Mongolia may conduct external monitoring and analysis on children's rights and child protection.

47.10.International and foreign organizations are prohibited from conducting surveillance research on children's rights and child protection in Mongolia without the permission of the state administrative organization in charge of child and family development issues.

47.11.The activities of international and foreign organizations operating in Mongolia in the field of children's rights and child protection shall comply with the child protection policy and child protection service requirements and standards of Mongolia.

Article 48.Integrated database of child protection

48.1.Have a unified child protection database.

48.2.The sub-component of the unified database of child protection is the digital personal file of the child.

48.3.The principle and form of filing of cases of the unified database of child protection shall be unified.

48.4.The government shall approve the procedures for the formation, storage, security and use of the unified database of child protection.

CHAPTER FIVE

CHILD PROTECTION PROFESSIONAL MANAGEMENT

Article 49.Professional management of child protection and its form

49.1.State administrative and local organizations in charge of child and family development issues shall implement the duty of providing professional management on child protection (hereinafter referred to as "professional management") in order to improve the quality and effectiveness of child protection services.

49.2.Professional management shall be implemented in the form of integrated organization based on statistics, research, and conclusions of child protection services as well as in the form of the guidance, support, mentoring, and development in relation to specific cases of child protection.

49.3.The methodology and instructions for implementing the professional management of child protection shall be approved by the member of the Government in charge of child and family development issues.

Article 50.Provision of professional management by the state administrative organization in charge of child and family development issues

50.1.The state administrative organization in charge of child and family development issues shall implement the following functions in providing professional management of child protection services:

50.1.1.to determine future and near-term goals of professional management of child protection services based on statistics, research and conclusions of child protection services;

50.1.2.to identify the shortcomings and problems in child protection services from time to time, develop and implement unified recommendations, methodology, and instructions in order to improve the quality and effectiveness of child protection services;

50.1.3.to monitor by sampling statistical data on child protection services and child protection cases, identify common mistakes and shortcomings, and organize training in each relevant area;

50.1.4.to provide professional management to employees of local organizations in charge of child and family development issues, and social workers for children and families, inspect the implemented work, evaluate the performance, and give directions and instructions on the work to be carried out in the future;

50.1.5.to organize individual and joint meetings and interviews with employees of local organizations in charge of child and family development issues, social workers of children, families and other fields, and provide recommendations and advice;

50.1.6.to organize training, re-qualification courses, and workplace consultation and support activities for social workers in the fields of child and family services, as well as other sectors.

Article 51.Provision of professional management by the local organizations in charge of child and family development issues

51.1.The local organization in charge of child and family development issues shall implement the following functions in providing professional management of child protection services:

51.1.1.to organize the work of providing professional management to the local joint team, child and family social workers, and entities/persons providing child protection services;

51.1.2.to get acquainted with the materials of each child protection case, take measures to eliminate errors and deficiencies, and reflect this in the report sheet;

51.1.3.to monitor the operations and documentation being conducted during child protection services;

51.1.4.to organize training for joint teams, social workers for child and family, and persons providing child protection services in each appropriate direction based on child protection case statistics and case resolutions;

51.1.5.to organize individual and joint meetings with the joint team, social workers for children and family, and persons providing child protection services, conduct interviews on pressing issues, provide directions and advice, and render support;

51.1.6.to organize the organizational structure in such a way that one senior social worker provides professional management for up to ten social workers, and one consulting social worker provides professional management for up to five senior social workers.

CHAPTER SIX

CHILD PROTECTION FUNDING AND MONITORING

Article 52.Funding for child protection

52.1.Child protection shall be financed from the following sources:

52.1.1.state budget;

52.1.2.local budget;

52.1.3.national and international projects and programs; and,

52.1.4.donations and assistance given by domestic and foreign legal entities, international organizations and individuals.

52.2.Funding for child protection shall be reflected and funded in state and local budgets for each type and form of child protection services stipulated in this Law.

52.3.When planning the child protection funding, the funding for the next year shall be determined based on the number of child protection cases resolved in the previous year, the quality and the results of services.

52.4.The matter of child protection shall be carried out by the administration of local administrative and territorial units on behalf of the State, and the financial resources required for implementing their functions shall be resolved in accordance with the paragraph 27.2 of the Law on Administrative and Territorial Units and their Governance of Mongolia.

52.5.The budget allocated for child protection shall be used for the activities by the state administrative body in charge of child and family development issues, local authorities, legal committees, joint teams, and for the child protection services to be provided under agreements.

52.6.The members of the Government shall take measures to allocate the necessary funding for child protection services in their respective matters in charge of and for implementing the functions specified in paragraph 30.3 of this Law in the annual budget.

52.7.Legal entities shall allocate a monetary amount equal to at least one percent of their total salary fund each year for implementing child protection policies, actions stipulated in paragraph 43.3 of the Law on Labor, creating a child-friendly and favorable environment, and organizing training and advocacy activities related to children's rights and child protection.

52.8.The Government shall approve the methodology for financing child protection services and the norm of the average cost of the service per child.

Article 53.Monitoring and evaluation of child protection

53.1.The state administrative body in charge of child and family development issues shall carry out the following monitoring and evaluation in order to determine the child protection situation and evaluate child protection services:

53.1.1.to take and summarize records and research about children at risk from local and primary units;

53.1.2.to evaluate and check the child protection services provided to children at risk and their results;

53.1.3.to prepare and analyze records and research about children participating in the case adjudicating proceedings;

53.1.4.to evaluate the participation of individuals and legal entities in child protection;

53.1.5.to plan and implement the child protection human resource policy, evaluate the quality and effectiveness of training thereupon;

53.1.6.to carry out the evaluation of the consequences of the implementation of this Law and the generally applicable legal acts in the field of child protection by themselves or by a professional organization under contract.

Article 54.Monitoring the implementation of child protection legislation

54.1.The implementation of child protection legislation shall be monitored in the following manner:

54.1.1.The governors of aimags and the Capital city, within their respective territories, and the state central administrative body and local administrative authorities, within their respective sectors in charge of, shall submit a report on the work completed in the field of children's rights and child protection for the year by the end of February of the following year to the state central administrative body in charge of child and family development issues;

54.1.2.the state central administrative body in charge of child and family development issues shall analyze the report submitted in accordance with sub-paragraph 54.1.1 of this Law and to have them discussed by the National Council for Children within March of each year;

54.1.3.if ii is necessary, the National council for children shall to give directions to members of the government, governors of aimags and the capital city, and relevant state organizations, and ensure their implementation.

Article 55.Administrative supervision of the child protection

55.1.The state inspector of children's rights shall perform the administrative control on child protection legislation.

55.2.In addition to the Law on State Inspection, the state inspector of children's rights shall have the following powers:

55.2.1.if a child at risk has been identified or received information about it, to report it to the relevant child and family social worker;

55.2.2.in the course of investigating complaints and information about the violation of children's rights, if the child is under a dangerous situation, to immediately organize the work of providing emergency assistance to the child;

55.2.3.to monitor the implementation of the rights of adopted children who are in one-stop services, temporary shelters and alternative childcare services;

55.2.4.to get acquainted with the measures and activities being implemented by individuals and legal entities in the context of child protection, and advise;

55.2.5.If an individual or legal entity providing child protection services under a contract repeatedly or seriously violates the obligation under the contract, or if it is established that they have committed violence against a child, a proposal on cancelling the contract, revoking their accreditation, and including them in the registry of individuals with restricted rights shall be made to the state central administrative body in charge of child and family development issues;

55.2.6.to submit to the competent person a proposal to dismiss or impose disciplinary punishment on an employee who violates children's rights or fails to perform the obligations stipulated in this Law;

55.2.7.other rights stipulated by the legislation.

CHAPTER SEVEN

MISCELLANEOUS

Article 56.Filing complaints and claims

56.1.If a decision or action taken regarding the child protection under this Law is deemed to be violated the rights and legal interests of a child, a complaint or claim may be filed in accordance with Article 19 of the Law on Children's Rights.

Article 57.Liability for the Violators of the Law

57.1.If an action of official who has breached this Law does not have a nature of crime, a liability shall be imposed in accordance with the Law on Civil Service and Law on Labor.

57.2.Citizens or legal entities who have breached this Law shall be charged with liability in accordance with the Criminal Code, or Law on Violations.

Article 58.Regulations on the compliance with the Law

58.1.If a social worker in charge of child and family issues appointed before the date of entry into force of this Law does not meet the requirements of higher education stipulated in paragraph 36.1 of this Law, he/she shall continue to work as a child and family social worker on the basis of undergoing social work specialization training.

58.2.Children and family social workers shall be employed in soums and khoroos with the number of posts determined in accordance with paragraph 36.7 of this Law starting from January 1, 2025.

Article 59.Entry into force of the law

59.1.This Law shall enter into force on September 1, 2024.

THE CHAIRMAN OF THE STATE GREAT KHURAL OF MONGOLIA ZANDANSHATAR.G