Transforming the positions of 'professional foster carers' into 'professional personal assistants'. Conditions for obtaining the certificate of professional personal assistant

DREPTUL MUNCII ŞI SECURITĂŢII SOCIALE

Abstract

The ability of a person to become a professional personal assistant involves a selective process to certify the person for the occupation, completed by the decision of the county disability assessment committees to approve/deny the applicant's application. Or, a solution for admitting the plaintiffs' action, without following the procedure provided by GD no. 548/2017, the obligation of the procedure being stipulated also in Article 48 of Law no. 448/2006, would mean the recognition of the status of professional personal assistant by circumventing the conditions and ignoring the procedure provided by law, a request that cannot be validated by the court.

The approval of the organizational chart and of the positions of the General Directorate of Social Assistance and Child Protection of Caraş-Severin are in the competence of the Caraş-Severin County Council, this institution ensuring the financing of the salary rights due to the professional category of professional personal assistants, according to Article 471 of Law no. 448/2006. Thus, it is not the competence of the defendant institution to set up or transform positions in its own staff structure, but only the possibility to make proposals to be analyzed and resolved by the main authorizing officer – Caraş-Severin County Council according to the competencies established by Article 91 paragraph (1) letter a), paragraph (2) letter c), paragraph 5 letter a) point 2 of Law no. 215/2001 of the local public administration.