Nesecret

Submission to the UN Special Rapporteurs in response to the

Joint Urgent Appeal from Special Procedures

National Authority for the Rights of Persons with Disabilities, Children and Adoptions
ROMANIA
02/06/2020

General considerations and institutional roles

Having regarded the questions raised by the UN Rapporteurs and being committed to
ensure a comprehensive understanding of the aspects raised through the Joint Urgent
Appeal from Special Procedures, we would like to take this opportunity to explain the
roles and attributions of the various Romanian institutional actors in the area of social
services for persons with disabilities during the COVID-19 pandemic.
Romania has a complex institutional framework responsible with the social services
provided to the persons with disabilities who live both in the community and within the
residential centers. The institutions involved in the social protection network are both
central and local and their attributions are complementary.
However, during the COVID-19 pandemic, the prevention and combating strategy at
national level went beyond the social services approach, with a consistent focus on the
medical and epidemiologic intervention. Therefore, a multi-faced approach of the
prevention of COVID-19 virus was implemented, fact which resulted in a process of
coordination between the various social and medical services, at central and local level.
The efficiency of this process, as well the measures taken by every institutional actor is
to be presented thereafter.
The main institutional actors involved, with various roles in the management of COVID-
19 crisis with regard to persons with disabilities in residential facilities are:
1. Ministry of Labor and Social Protection
2. Ministry of Health
3. National Authority for the Rights of Persons with Disabilities, Children and Adoptions
(ANDPDCA)
4. National Institute of Public Health
B-dul Ghe. Magheru, nr.7, Sector 1, București
Tel.: +4(0) 213 100 789; Fax: +4(0)213 127 474
E-mail: contact@andpdca.gov.ro
Web: andpdca.gov.ro

Conform prevederilor Regulamentului (UE) 2016/679 al Parlamentului European și al Consiliului din 27 aprilie 2016 privind protecția persoanelor fizice în ceea ce privește
prelucrarea datelor cu caracter personal și privind libera circulație a acestor date și de abrogare a Directivei 95/46/CE (Regulamentul general privind protecția datelor),
informațiile referitoare la datele cu caracter personal cuprinse în acest document sunt confidențiale. Acestea sunt destinate exclusiv persoanei/persoanelor menționate ca
destinatar/destinatari și altor persoane autorizate să-l primească. Dacă ați primit acest document în mod eronat, vă adresăm rugămintea de a returna documentul primit,
expeditorului
 5. General Directorates for Social Assistance and Child Protection (DGASPC)
6. Public Health Departments (PHD)
7. County Councils
8. Residential social services providers

NATIONAL LEVEL LOCAL LEVEL

National Committee for Special County Committee for Special
Emergency Situations (CNSSU)1 Emergency Situations (CJSSU)2
Relevant attributions: Relevant attributions:
- conducts the specific attributions to - analyzes the primary information
achieving in Romania the objectives of about the emergency situation
the European and international produced and its probable evolution;
strategies for disaster reduction;
- declares, with the consent of the
- adopts policies and strategies for the Minister of Internal Affairs, “STATE OF
knowledge, prevention and management ALERT ”at the county level or in several
of emergencies, as well as for limiting localities of the county and proposes
the effects; the establishment of“ EMERGENCIES ”;
- coordinates the management of - implements the measures provided in
emergency situations determined by the the protection and intervention plans in
main types of risks; emergency situations, depending on the
concrete situation in the area;
- permanently monitors and assesses the
risks, threats and vulnerabilities, in the - evaluates the emergency situations
field of competence; produced in the administrative-
territorial units, establishes the specific
measures and actions for their
management and monitors their
fulfillment;
 - orders the notification, warning, pre-
alarm and alarm of the authorities,
public institutions, economic operators
and the population from the areas that
may be affected;
- ensures the information of the
population, through the media, about
the evolution and the extent of the
emergency, the actions taken to limit it
and the measures to be taken in the
future etc.
Ministry of Labor and Social
Protection3

1
Government Decision no. 94/2014 on the organization, functioning and members of the National Committee for
Special Emergency Situations, https://www.cnssu.ro/despre/
2
Government Decision no. 1491/2004 for approval of the Framework Regulation on the organizational structure,
responsibilities, functioning and equipment of committees and operational centers for emergency situations,
http://legislatie.just.ro/Public/DetaliiDocument/55462
3
Government Decision no. 81/2020 on the organization and functioning of the Ministry of Labor and Social Protection,
http://mmuncii.ro/j33/images/Documente/MMPS/HG_81din2020_Organiz_funct_MMPS.pdf
 - The Ministry of Labor and Social
Protection is organized and functions as
a specialized body of the central public
administration, with legal personality,
subordinated
Government.
- The Ministry of Labor and Social
Protection implements national policies,
correlated with those at European and
international level, in the field of work,
family, social protection and the
elderly, fulfilling the role of state
authority, strategy and planning,
regulation, synthesis, coordination,
monitoring, inspection and control.
- The Ministry of Labor and Social
Protection ensures the coordination of
the application of the Government's
strategy and policies in the fields of
work, family, social protection and the
elderly.
- National Authority for the General Directorates for Social
Rights of Persons with Assistance and Child Protection
Disabilities, Children and (DGASPC)5
Adoptions (ANDPDCA)4
- Public Residential social
Relevant attributions: services providers
- Private Residential social
- ANDPDCA is a specialized body of the services providers
central public administration
subordinated to the Ministry of Labor and Relevant attributions of DGASPCs:
Social Protection (MLSP),
- local bodies subordinated to the
- it monitors and promotes the rights of
County Councils and serving various
persons with disabilities and the rights of
vulnerable social groups under the
the child, as well as the compliance with
the legislation in the field, by individuals
methodological coordination of
or legal entities, ANDPDCA,

- it designs and promotes draft law
proposals, policy proposals, strategies
and methodologies in the field of child
protection, persons with disabilities and
adoption,
- it is entitled with the ability to
- promotes and ensures the observance
of the rights of adults with disabilities,
in accordance with Law no. 448/2006
on the protection and promotion of the
rights of persons with disabilities,
republished, with subsequent

4
Government Decision no. 1002/2019 on the organization and functioning of the National Authority for the Rights of
Persons with Disabilities, Children and Adoptions, http://andpdca.gov.ro/w/wp-content/uploads/2020/01/HG-
ANDPDCA.pdf
5
Government Decision no. 797/2017 for the approval of the framework regulations for the organization and
functioning of the public social assistance services and of the indicative staff structure,
http://mmuncii.ro/j33/images/Documente/Legislatie/HG797-2017.pdf
 methodologically coordinate the social
services for children and persons with
disabilities at national level, as well the
activities of the DGASPCs, which are
local bodies, subordinated to the County
Councils.
National Agency for Payments and Social
Inspection6
Relevant attributions:
- exercises the control in the national social
assistance system in order to prevent,
discover and combat any acts that have led to
the violation of the social rights of the
citizen;
- controls, evaluates and monitors the respect
of the legal provisions regarding the
fulfillment of the conditions for granting the
accreditation / licensing of the social service
providers and of the services provided by
them;
- provides advice to the central and local
public administration authorities with
6
Government Decision no 113/2011 on the organization and functioning of the National Agency for Payments and
Social Inspection http://www.mmanpis.ro/despre-anpis/atributii-anpis-si-ajpis/
amendments and completions, and with
Law no. 221/2010 for the ratification of
the UN Convention on the Rights of
Persons with Disabilities,
- ensures the organization,
administration and financing of social
services for persons with disabilities, in
accordance with the law, based on the
annual county strategies, on medium
and long term, of restructuring,
organization and development of the
social assistance system for persons
with disabilities;
- acts to promote alternatives to the
institutionalized protection of persons
with disabilities;
- ensures the assessment of the
individual needs of the person with
disabilities, proposes the classification
in degree of disability, respectively the
maintenance in degree of disability of a
person, as well as the individual
program of rehabilitation and social
integration, endorses the individual
service plan of the disabled person need
the case manager, recommend
measures for the protection of the
disabled adult, evaluate the fulfillment
of the necessary conditions for
certification as a professional personal
assistant, through the complex
evaluation service, and monitor his /
her activity;
County agencies for payments and
social inspection
 attributions in the field of social assistance, in
order to prevent the violations of the legal
provisions
Ministry of Health7
Relevant attributions:
- it is a specialized body of the central
public administration subordinated to
the Romanian Government
- elaborates policies, strategies and
programs in the field of public health
- coordinates and controls the
implementation of public health
policies, strategies and programs at
national, regional and local level

7
Government Decision no. 144/2010 on the organization and functioning of the Ministry of Health,
http://www.ms.ro/organizare/
 - National Institute of Public Public Health Departments (PHD)9
Health
Relevant attributions8: Relevant attributions:
- Coordinates the medical services at
- public central body, subordinated to
county/local level;
the Ministry of Health
- Exercises specific attributions of state
- provides technical and methodological
sanitary inspection, activity coordinated
guidance to the public health network,
by the chief state sanitary inspector of
- participates in the elaboration of the county;
strategies and policies in the field of
- Organizes and coordinates together
competence;
with the County House of Health
- elaborates drafts of normative acts, Insurance and the County Ambulance
norms, methodologies and instructions Service the medical assistance in case
regarding the specific fields within the of calamities, catastrophes and special
public health; situations;
- performs expertise, provides technical
assistance and performs public health
services, at the request of natural or
legal persons;
- monitors the health of the population,
communicable and non-communicable
diseases, in order to identify Community
health problems;
- ensures the epidemiological
surveillance system, as well as early
warning and rapid response, and
participates in the exchange of
information within the European
epidemiological surveillance network in
the field of communicable diseases;
- participates in conducting field
epidemiological investigations, on its
own initiative, at the request of the
Ministry of Health or local public health
authorities;
- collects, analyzes and disseminates
public health statistics;
- performs analyzes, studies and medical
surveys on the health status of the
population, opinion polls on the quality
of health care, as well as forecasts to
present to the Ministry

8
Government Decision no. 1414/2009 for the organization and functioning of the National Institute of Public Health,
https://www.insp.gov.ro/
9
Order of the Minister of Health no. 1,078 / 2010 on the approval of the organization and functioning regulation and of
the organizational structure of the county public health directorates,
http://legislatie.just.ro/Public/DetaliiDocumentAfis/121234
 Health data needed to make evidence-
based decisions;
- communicates and transmits statistical
data in the field of health to the
international organizations of which
Romania is a part, the World Health
Organization, EUROSTAT, OECD, or
those to which it has commitments
according to law, at their request;
- carries out medical information and
documentation activities, in particular
in the field of programs initiated and
carried out by the European Commission
and the World Health Organization;
County Councils10
Relevant attributions:
- attributions regarding the
establishment, organization and
functioning of the specialized apparatus
of the county council, of the public
institutions of county interest and of
the companies and autonomous utilities
of county interest;
- attributions regarding the economic-
social development of the county;
- attributions regarding the
administration of the public and private
domain of the county;
- attributions regarding the
management and financing of public
services of county interest (including
DGASPCs);
- responsibilities for interinstitutional
cooperation at internal and external
level;
Monitoring Council regarding the
implementation of the CRPD11

Relevant attributions:
- examine regularly respecting the
exercise of the rights of persons with
disabilities in residential institutions;
- make recommendations on the
compliance of the rights of persons with
10
Government Decision no 57/2019 regarding the Administrative Code,
http://legislatie.just.ro/Public/DetaliiDocumentAfis/215925
11

Law no. 8/2016 on the establishment of the mechanisms provided by the Convention on the Rights of Persons
with Disabilities https://www.consiliuldemonitorizare.ro/despre-noi/legi/
 disabilities in residential institutions and
monitors their implementation
- immediately notifies the competent
judicial bodies whenever there are
indications that the violation of the
rights of persons with disabilities was
committed by acts of a criminal nature
and may file a complaint, if necessary,
against the solutions of non-prosecution
or non-prosecution;
- notifies the legally competent
authority to order disciplinary or
contravention sanctions or to suspend,
withdraw and cancel the accreditation
of residential institutions, in cases of
violation of the rights of persons with
disabilities;
- receives and analyzes the notifications
of death sent by the residential
institutions;
- monitors whether in the cases of death
of persons with disabilities the
residential institutions notify the
judicial bodies in order to perform the
forensic autopsy, according to the law;
- facilitates the involvement and full
participation of civil society, especially
persons with disabilities and the
organizations they represent, in the
monitoring process it organizes

As part of the coordination matrix presented above, National Authority for the Rights of
Persons with Disabilities, Children and Adoptions (ANDPDCA) is the specialized body of
the central public administration, subordinated to the Ministry of Labor and Social
Protection (MLSP). ANDPDCA promotes and monitors the rights of persons with disabilities
and the rights of the child, as well as the compliance with legislation in the field are by
individuals or legal entities. ANDPDCA designs and promotes draft law proposals, policy
proposals, strategies and methodologies in the field of child protection, prersons with
disabilities and adoption. As well, ANDPDCA is entitled to methodologically coordinate
the social services for children and persons with disabilities at national level.
By law, ANDPDCA coordinates the social services dedicated to the children and adults
with disabilities as well as the child protection system at national level through the
General Directorates for Social Assistance and Child Protection (DGASPCs – 47 bodies) at
county level. However, during the COVID-19 epidemic, ANDPDCA was given the attribute
of coordinating also the prevention measures for elderly persons in nursing homes.
In this context, ANDPDCA created a strategic coordination and prevention mechanism for
COVID-19 epidemic at the level of the social services, which will be briefly presented
thereafter. However, it should be noted, that the coordination mechanism implemented
by ANDPDCA was built around the 47 DGASPCs and the private social service providers,
while the other actors conducted their activities under separate coordination
mechanisms. (Ministry of Healath – National Institute for Public Health – Public Health
Departments). ANDPDCA constantly sought the cooperation and coordination with the
National Institute for Public Health and the PHDs, in the attempt to develop a synergic
approach of the COVID-19 epidemic at the level of residential social services, advancing
thus the human rights perspective on the matter, but this aspect remained problematic.

The situation of COVID-19 spreading within the social assistance system

Following the measures adopted, since 10.03.2020, by ANDPDCA on preventing the

spreading of Covid-19 virus, and based on the data collected at national level and the
structural diagnosis realized for this very purpose, the situation of the epidemic
spreading at the level of social services and those of child protection is the following 12:

 0,2% out of the total number of beneficiaries have died following the
infection with the COVID-19 virus, namely 144 elderly and adults with
disabilities.
 0,9% out of the total number of beneficiaries within the system are infected
with the COVID-19 virus, namely 503 persons, out of which 31 are children.
 There were no deaths among the children within the special protection
system.
 There are 220 employees infected and there 2 deaths were registered.
 There are 736 cured beneficiaries.
 The main counties of Romania affected by the Covid-19 epidemic are: Neamț,
Suceava, Galați, București, Ilfov, Cluj și Bacău.
Within the system of social assistance and child protection system there is a total number
of 57.029 beneficiaries: children, adults with disabilities and elderly, as follows:
At the level of DGASPCs public social services providers, 17.619 adults with disabilities
live in 443 centers. Private social services providers host 1.462 adults with disabilities in
110 residential services.
12.371 children are cared in various public types of social services (family type homes,
apartments, centers), while 3.201 children are hosted by private services providers.
18.278 elderly persons are residents of private nursing homes and 4.103 persons live in
public elderly nursing homes.

12
Data collected as of May 25, 2020.
Romania registered approximately 11% (1% adults with disabilities and 10% elderly
persons) out of the total number of deaths caused by the COVID-19 virus, within the
persons residing in the facilities for elderly and adults with disabilities.
The exceptional measures adopted by the Romanian authorities (ex: early measures of
prevention and isolation within the working place of the employees from all the
residential centers for 14 days shifts) made possible for our country to register
significantly low numbers of deaths within the beneficiaries of the residential services.

Challenges and vulnerabilities

Although a number of prevention measures for fighting the spreading of the COVID-19
virus were adopted at the level of the social assistance and child protection system, a
number of factors made possible the infection and death of some of the beneficiaries .
From the analysis made by ANDPDCA, based on the data and information collected
through the national coordination system put in place, the following problematic aspects
must be underlined:
1. The existence of some large residential centers favored the spreading of the virus
at a larger scale.
Sasca Mică Rehabilitation Center for Adults with Disabilities in Suceava County, where 242
infected persons were registered, is a relevant example in this respect, which underlines
the need for a correct and efficient implementation of the deinstitutionalization process.
These measures will be resumed and intensified once the epidemiological situation will
allow it, starting with a reevaluation of all the measures adopted so far and the
general approach of this matter.
From a longitudinal perspective, although in 2010 Romania has ratified the UNCRPD
and, thus "the equal right of all persons with disabilities to live in the community, with
equal opportunities to others" was recognized, only in 2016, with the approval of the
National Strategy "A society without barriers for people with disabilities” - 2016-2020,
Romania assumed the deinstitutionalization and prevention of the institutionalization of
persons with disabilities, simultaneously with the development of alternative support
services for independent living and integration in the community.
Currently, 300 of the 443 public residential centers for persons with disabilities (where
live over 16.500 persons) are old type residential institutions: 39 centers have a capacity
of over 100 seats (in 21 counties, 7 centers have a capacity of over 200 seats (7 counties),
1 center (Sasca Mică – Suceava County) has a capacity of over 350 seats.
Deinstitutionalization in Romania has started slowly. As mentioned above, only six years
after the ratification of the UNCRPD, at central level the need for deinstitutionalization
was instated through the National Strategy. While no legal unitary and binding framework
on deinstitutionalization was put in place, the local authorities, as well, did not develop
relevant initiatives or leverages for independent living, given the pervasive lack of
understanding disability from the human rights perspective as provided by the UNCRPD.
During 2016 - 2018, the first financing mechanisms for deinstitutionalization were created
or accessed through the EU Regional Operational Program (ROP), with a total value of 16
million Euros (for the deinstitutionalization of 516 persons) and through Programs of
National Interest ( PIN - from the national budget), with a total value of 22 million Euros
(784 people). The number of persons with disabilities that Romania has assumed for
deinstitutionalization until 2021 is 1.300.

In 2018, the Government Emergency Decision No. 69, amending Law no. 448/2006 on the
protection and promotion of the rights of persons with disabilities, set the framework for
the reorganization of the residential centers, the methodology for developing the
Restructuring Plans and the specific minimum quality standards required for social
services for adults with disabilities. This Government Decision sets also the maximum
capacity of residential centers for adults with disabilities at 50 seats, therefore
restructuring plans must be drawn up for centers with a capacity of more than 50
persons. At the same time, the Government Decision no. 69/2018 provides for a 25%
annual reduction in funding from the state budget for residential centers with a capacity
of more than 50 people.

For the 85 existing centers throughout the country, with a capacity of more than 50 seats,
50 restructured plans were submitted and approved, while for 35 centers (in Brăila,
Bucharest - Sector 2, Călărași, Cluj, Dâmbovița, Ialomița, Ilfov, Mureș, Neamț, Satu Mare,
Suceava, Timiș, Tulcea, Vâlcea) the restructuring plans are not elaborated or not
approved.

Until now, for the 50 centers with approved restructuring plans, projects were accessed
by the DGASPCs through various European and national financing mechanisms, amounting
over 100 mil. Euros, but they are still only in the phase of preparation of the technical
documentation.

Legally speaking, the process of reorganization/restructuring of residential centers

emphasizes the need of assessing the individual needs of persons with disabilities,
identifying activities needed to maintain, develop, strengthen the person's potential and
correlate these activities with the type of social service needed. However, there are still
no unitary instruments at national level for these assessments, as well for monitoring the
implementation of intervention plans, monitoring the living situations of those who leave
the residential system so as to eliminate the risk of re/institutionalization.
In this context, with the support of the World Bank, ANDPDCA is currently implementing a
project that aims to elaborate a public policy proposal for the development of
alternatives to support independent living and community integration and prevention of
re/institutionalization, based on evidence obtained from ex ante evaluation and to
design essential working tools in the field of social services for adults with disabilities
to inform the policy design. To this end, ANDPDCA is engaged in:
1. Carrying out a complex diagnosis of the situation of public residential social
assistance institutions for adults with disabilities, including the List of problematic
centers in terms of ensuring the quality of life of persons with disabilities,
2. Carrying out a complex diagnosis of services for adults with disabilities at
community level,
3. Elaborating a Guide on the implementation and monitoring of the process of
reorganization / restructuring of residential centers in correlation with the
 development of an application for continuous assessment of the needs of persons
with disabilities and residential centers in order to be able to develop informed
measures of deinstitutionalization and prevention of further institutionalization of
persons with disabilities.
4. Analyzing the county strategies for the development of social services
This is a complex process that has continued despite the COVID-19 epidemic and which
will be completed by 2022. The results of the project make an essential contribution to
achieving the conditions for the assurance of the rights of persons with disabilities, in
accordance with international standards and it represents a strategic step forward in
operationalizing the provisions of the UNCRPD.
2. Dysfunctionalities in the process of testing the employees and the beneficiaries, as
carried out by the County Public Health Departments (PHDs).
During the entire state of emergency period, including after the entering to force of the
Military Ordinance no. 8/2020, which imposed for the residential centers the measure
of the preventive isolation at the working place for 14 days shifts, the cooperation
with a number of Public Health Departments (PHD) was difficult and lead to testing
delays, fact which was an objective obstacle in the process of coordination and
organization. For a better understanding, we can exemplify some relevant challenges:
- There were cases when the managers of the residential centers found out from
the media the results of the tests taken from the beneficiaries and the
subordinated staff – ex. Vrancea County.
- PHDs refused to test the educators isolated within the residential centers with the
beneficiaries, only because in the Code of Professions they are not registered as
”carers”, even if by the nature of their current activity they are performing daily
activities with the beneficiaries and were isolated with them within the centers– ex.
Bucharest.
- Late testing and late test results releasing, despite the fact the managements of the
General Departments for Social Assistance and Child Protection (DGASPCs) have
repeatedly asked in writing for these procedures to be carried out in due time, no
answer was registered. This lack of communication consequently generated two types
of circumstances: either the employees from the initial shift of preventive isolation
have stayed an extra number of days over the 14 compulsory days, until the results of
the testing have arrived, (Covasna, Alba, Arad, Buzău counties), or they have
entered the new shift without the testing results (Argeș, Dolj, Hunedoara, Galați,
Olt, Vaslui), leading to the infection of the beneficiaries (Neamț).

Part of the situations mentioned above were solved based on the efforts carried out by
the ANDPDCA and its coordination with the DGASPCs.
3. The unequal treatment applied to the beneficiaries, compared to the employees
In the counties of Suceava and Hunedoara, there are centers (Sasca Mică and Paclișa)
where the infected beneficiaries were treated within the residential institutions, while
the employees were admitted in the hospitals. The explanation offered by the local
authorities was based on a presumably high number of the beneficiaries (patients - Sasca
Mică) or by their disruptive behavior (Hunedoara). ANDPDCA has immediately notified the
County Councils and the PrefecturesS13, as the Prefect of the County is the president of
the County Committee for Special Emergency Situations, with regard to the lack of equal
treatment and free access to medical services.
With regard to this measure, the Romanian Ministry of Health and National Institute of
Public Health, in an official answer to ANDPDCA stated that “the reasons why the
beneficiaries form the residential centers have not been hospitalized or received a
differentiated treatment as compared with the employees of the centers remain
unknown”14.
However, the Suceava Public Health Department (PHD), in an official answer to ANDPDCA
and Ministry of Health15 explains that “taking out the infected beneficiaries with neuro-
psychic problems from their daily environment would have been a trauma for them. An
argument upholding this statement is the case of 2 beneficiaries out of 8 hospitalized
ones who manifested verbally and physical aggressive behavior towards the medical
staff who was providing medical assistance”. As results from the Suceava Prefecture
response16 to ANDPDCA letter, based on the recommendation of the Suceava PHD, the
County Committee for Special Emergency Situations issued a Decision 17 which imoposed
the “quarantine of the Sasca Mica Center” and consequently the treatment of the
beneficiaries within the premises. The local decision was endorsed by the Order of the
Commander of Action18 from the National Committee for Special Emergency Situations.
Similar positions of the local authorities in Hunedoara and Bacau County were issued.
Building on these “quarantine” decisions, several operational measures have been taken
at local level to ensure the treatment of the beneficiaries within the centers, as
explained to ANDPDCA by the Ministry of Health19:
- the isolation of the infected beneficiaries in separate pavilions,
- the staff of the centers was divided in separate groups: the ones who cared for the
infected beneficiaries, and the others for non-infected beneficiaries,
- the staff was trained by the specialists from the County hospitals,
- full sets of protective equipment was provided to the staff
- observance of the symptoms of the beneficiaries several times a day,
- separate circuits were put in place
- local epidemiologists were visiting the beneficiaries on regular basis.

A separate position is made by the Galati County Prefecture, which despite the outbreak
at the private elderly care home “Sf. Ilie”, succeeded in managing the situation within
the center with the direct involvement of the Galati PHD and with the hospitalization of
all infected elderly beneficiaries. However, the many dysfunctionalities of the private
center “Sf. Ilie” resulted in the contamination of most of the beneficiaries from the very
beginning of the epidemic in Romania. Several administrative and criminal investigations
are currently on-going.
In addition to the coordination measures, ANDPDCA conducted a daily based facilitation
and mediation activity between the various local and central actors involved in the
management of the COVID-19 epidemic, with a clear statement on respecting the rights
13
Official letters by ANDPDCA No. 10339, 10440/29.04.2020 and 11193/13.05.2020
14
Offical response by the Ministry of Health No. NT1779E/28.05.2020
15
Official response by the Suceava DPH No. 11770/02.05.2020
16
Suceava Response No. 7873/20/2/25.05.2020
17
Decision No. 12/27.04.2020
18
Order of the Commender of Action No. 786005/28.04.2020
19
Offical response by the Ministry of Health No. NT1779E/28.05.2020
of persons with disabilities in the residential centers, expressed also publicly in a press
conference, held on May 11, 2020, urging for priority testing and equal medical
treatment for the beneficiaries by the local Public Health Departments 20. As well, in
order to ensure the respect for human rights and need of psycho-emotional support of
the beneficiaries and staff of the residential social services, ANDPDCA created a
mechanism similar to a toll free line, aimed at offering real time counselling and support,
with the help of specialist from the civil society and UNICEF Romania during the COVID-19
epidemic and afterwards.
4. Partial lack off protection equipment in the first phase of the emergency period
At the beginning of COVID-119 pandemic due to the insufficient stocks of protection
equipment at national level, the social services were confronted with the problem of not
having enough protection equipment.
As a result, MLSP and ANDPDCA have initiated a number of concrete actions in order to
answer the urgent need of the residential social services. In this context with the support
of the Emergency Situation Department, there were allocated and distributed a number
of 1.240.000 masks for the residential social services.
Besides, ANDPDCA has initiated a partnership with UNICEF Romania, based on which
150.000 masks and gloves were made available for the residential social services.
At the same time, in order to support the financial effort made by the local DGASPCs in
order to face the situations generated by the epidemic, ANDPDCA has concluded a
partnership with a private corporation, which donated 1.128.000 lei for hygienic and
sanitary equipment and food supplies.

Measures of support adopted for the public and private social services suppliers
during the emergency period

In order to prevent the difficulties encountered by the social services providers, MLSP
and ANDPDCA have designed and implemented several policy measures in order to offer a
proper regulation during the emergency period:
 The centers for social services which were beneficiaries of the subvention
offered based on the provisions of the Law no. 34/1998, which have closed
their activities as a result of the pandemic, have continued to benefit of the
subventions offered by the MLSP, if they were performing support activities for
the local public administration authorities in the context of the Covid-19
 The subvention should be used for the payment of the salaries for the social
services centers’ staff21.
 The suspension of control activities for the verification of the social services
providers and the verification of the way the subventions are used, during the
emergency period.
 The payment of all costs encumbered by food and lodging expenses for the
employees of social services, who were in preventive isolation at their working
place22

20
http://andpdca.gov.ro/w/situatia-raspandirii-epidemiei-covid-19-in-sistemul-de-asistenta-si-
protectie-a-copilului-la-pana-la-data-de-10-mai-2020/
21
(art. XVI din O.U.G. nr.32/2020)
22
According to the provision of the MO 8/2020.
  In all sanitary units as well as in the social assistance ones, was allowed to hire
medical staff, auxiliary staff, pharmacists, lab personnel and other categories of
contractual staff, for a period of 6 months, without organizing de administrative
hiring procedure established within the law.23

Support measures for the community

Another important dimension addressed by the MLSP and ANDPDCA during the pandemic
of COVID-19 was the establishment of concrete immediate support for the vulnerable
categories within the communities. For a better understanding the following measures
should be mentioned:
1. Extending the validity period for the handicap certificates for children and adults
with disabilities during the emergency period and for another 90 days after its ceasing.
Such a measure made possible to maintain the financial rights for approximately
800.000 beneficiaries.
2. The parents of children with severe disabilities who were not attending school
and those of the adults with disabilities with a severe handicap and without a
personal assistant have benefited of free days during the whole emergency period, in
accordance with the legal provisions in place.
3. The validity of the foster parents’ certificates were extended during the emergency
period, together with their corresponding rights and after that, for another 90 days,
when the emergency period will end.
4. The accreditation and licensing Certificates of the social services providers which
were about to expire during the emergency period were extended until its end and
for another 90 days after this date.
5. The administrative procedures related to the issuing of the Handicap Certificates and
the different social benefits granted for these persons were moved in the online area.
6. The allowance for raising the children with severe handicap up to the age of 7
years old was extended during the emergency period, if they were to expire, which also
made possible the continuity of payment of these rights within this period.
7. The allowance for the accommodation leave granted to the adoptive families was
extended during the emergency period, including the rights attached to it.

Organization and Management of the coordination process at the level of the

NARPDCA

Starting with the 10th of March, 2020, at the level of the ANDPDCA a National
Coordination Unit for COVID-19 was set up, which ensured the coordination and
management of the crisis situations, generated by the COVID-19 pandemic.

23
• (art.16 Annex.1 to the Presidential Decree no. 195/2020 regarding the establishment of
emergency situation on the territory of Romania).
New mechanisms of communication, coordination and real time data collection were set
up, while specific recommendations and methodological provisions were sent to the local
DGASPCs in order to support the management and prevention of the COVID-19 spreading
within the residential social services and the community social services. More details may
be found at: http://andpdca.gov.ro/w/info-covid-19-2/. ANDPDCA was asked by UNICEF
to share a part of the ANDPDCA Recommendations 24 to be disseminated in the UN system
in order to be implemented in other regions/states of the world, including a Prevention
Guide in Easy-to-Read/Understand format.
The Coordination Unit ensured:
- A continuous flow of public information with regard to the COVID-19 pandemic situation
at the level of social assistance and child protection system,
- Facilitation of the inter-institutional cooperation at local level, in order to solve
different situation identified in the field,
- Real time data and information collection or identification of systemic level measures,
wherever the situation required it,
- 24/24 hours, 7 out of 7 days direct communication with all the DGASPCs and centers’
management,
- Constant communication with the representatives of the local authorities, unions,
employees, beneficiaries and other relevant actors in the social field.
During the COVID-19 epidemic (March – May 2020), ANDPDCA issued the following
coordination and management instruments:
1. Methodological provision - DGASPC Recommendations on the first phase prevention
measures - 10.03.2020
2. Procedure for public relations activity
3. Recommendation on suspension of the day services, recovery and rehabilitation
services
4. Methodological provision - DGASPC Recommendations - 12.03.2020
5. Official Notice on extension of validity of disability certificates – 16.03.2020
6. Methodological Provision - Recommendations regarding the prevention and
management of the situation generated by the COVID Epidemic-19 - 18.03.2020
7. Recommendations for DGASPCs on the prolongation of the disability certificates -
23.03.2020
8. Prevention Guide COVID-19 - in easy-to-understand language - sent to DGASPCs to
inform the beneficiaries of the residential system - 26.03.2020
9. Methodological provision - DGASPC Recommendations on Adoption activity -
02.04.2020
10.Official notification of the DGASPCs on the support for children and adults in the
protection system by a private corporation and the subsequent methodology -
02.04.2020
11.Recommendations regarding the application of the provisions of Military Ordinance
No. 8 – 09.04.2020
12.Specifications for excuse procedure for children in the special protection system
during COVID-19 epidemic - 16.04.2020

24
http://andpdca.gov.ro/w/wp-content/uploads/2020/03/Recomand%C4%83ri-privind-prevenirea-
%C8%99i-managementul-situa%C8%9Biei-generate-de-Epidemie-de-Covid.pdf
13.Recommendations on the resumption of activities in the context of the exit from the
state of emergency at DGASPCs level – 18.05.2020
14.Recommendations for social services applicable during the alert period generated by
the COVID-19 epidemic – 16.05.2020
15.Letter to the National Institute of Public Health - organization of a working group to
develop a methodology for further preventing and combating COVID-19 in social
services - 02.06.2020
16.Letter to the Ministry of Education and Research - proposals for measures on the
education of children with disabilities and CES during COVID-19 epidemic - 02.06.2020

Conclusions

ANDPDCA underlines the fact that the social assistance system in Romania has assumed
the most drastic and restrictive measures of combatting the spreading of COVID-19, both
at country level and also at European level. We consider that these efforts should be
supported by an adequate reaction to the situation and by proper legal provisions from
all the institutions and local decision makers for the benefit of the beneficiaries, the
employees, the families and communities to whom they belong.
ANDPDCA currently, elaborated the measures addressed to the exit from the emergency
period and for the release of isolation, within the working places for the centers’ staff.
The measures are focused on part of the aspects related to the prevention of Covid-19
spreading at the level of the residential social services, and on several recommendations
regarding the community social services.

Respectfully submitted,

ANDPDCA President,
Madalina TURZA
Bucharest, Romania
June 3, 2020