Without prejudice to civil and criminal penalties, the Minister responsible for family promotion may, after obtaining the opinion of the territorially competent Prefect, proceed to:
- The suspension of crèches and day care centres for a period of three (03) months, renewable once;
- Definitive closure of crèches and day-care centres.
Suspension
The suspension is particularly in the following cases:
- Failure to comply with hygiene and sanitation regulations;
- Non-compliance with opening and closing hours of the crèches and day-care centres;
- Failure to take out an insurance policy for the children in their care;
- Lack of medical assistance to monitor the children’s health;
- Recruitment of unqualified staff or staff of dubious morality;
- Failure to comply with safety and location standards.
The reopening of the institution is ordered by the same procedure as soon as it is established that the reason for the closure has ceased.
Closure
Crèches and day care centres may be closed in the following cases:
- Violence against children;
- Indecent exposure to children;
- Harm to children’s health or safety;
- Conviction of the promoter for an offence relating to morality, decency or sexuality;
- Setting up a crèche or drop-in day care centre in a location that does not ensure the children’s safety, stability and balanced development.
The Minister for Family Promotion may, at any time, order an investigation on a public or private crèche or day care centre at any time.
The director of the crèche or day care centre is required to respond to any request made by the Minister for Family Promotion concerning the management of the facility.
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