Who is Entitled to a Personal Assistant?

The "Personal Assistant" service supports the independence of the user and their participation in activities that align with their interests and capabilities. The service helps maintain and develop the user's strengths.

It is provided in a manner that respects the dignity and personal space of the user and considers their lifestyle.

The assistant support is a specialized social service that includes assistance from an assistant for:

• Self-care;
• Movement and mobility;
• Changing and maintaining body position;
• Performing daily and household activities;
• Communication.

The assistance provided is based on the preferences of the user, which are clarified in advance. This is particularly relevant when providing assistance to the user with:

• Direct physical contact (dressing, undressing, bathing, washing, shaving, and maintaining personal hygiene);
• Hygiene of the space inhabited by the user;
• Medication intake and other health-maintaining activities;
• Meal preparation and eating;
• Handling personal belongings and documents;
• Using the bathroom and toilet;
• Accompaniment outside the home.

The provider and their staff treat the age, religious, ethnic, cultural, physical, mental, gender, and sexual differences of the users, their relatives, or legal representatives with understanding and respect.

When the user is a child, the service is provided in accordance with the requirements of the Child Protection Act and all relevant subordinate regulatory documents governing the provision of services for children.

When the user is a child, the provider and their staff deliver the service in accordance with the specific needs of the child, assessed by a social worker in the Child Protection department of the Social Assistance Directorate, aiming for maximum integration into the community.

When caring for a child, the personal assistant seizes every opportunity to develop the child's knowledge and skills through engagement in games and learning.

The personal assistant, with the support of the provider, takes preventive measures or assists in implementing measures to protect the child using the service from dangers and violence in accordance with the regulatory framework for child protection.

Assistant support under this law is provided for:

• Individuals of non-working age who are unable to self-care and who have not been granted a degree of reduced working capacity;
• Children with permanent disabilities and adults with permanent disabilities who require assistance and do not receive assistant support, support for obtaining assistant support, or home care assistance under another law.

Referral for assistant support, which is funded by the state and municipal budgets, is performed only by the municipality providing the service.

The municipality organizes the provision of assistant support in a manner that allows for a comprehensive delivery of various types of social services in a home environment.

Assistant support is not provided to individuals using residential care, as well as during the time they receive substitute or full-day care, and during hospitalization.

The control of the activity of assistants and the reporting of provided assistant support is carried out by the municipality when the service is funded by the state and municipal budgets.

The personal assistant is obliged not to disclose personal information learned in the course of providing the service concerning the user. This principle is violated only when necessary to protect the life and health of the user.

Users or their legal representatives, as well as their relatives (with the explicit written consent of the user or their legal representative), have the right to access the documentation that contains their personal data and is held by the provider. The provider informs users in writing about this possibility.

When the user is a child, the provider collects only the personal data of the child and family necessary for providing the service (according to the Regulation on criteria and standards for social services for children).

2. Rules and Procedures for Providing the Social Service in the Community "Personal Assistant."

2.1. Providing Information about the "Personal Assistant" Service.

Goal: Potential users have comprehensive information about the "Personal Assistant" service.

2.1.1. The provider of the "Personal Assistant" service issues a brochure/pamphlet containing information about the organization-provider; information about the service provision process (assessment of social service needs, risk assessment, service planning, periodic re-evaluation of needs); description of the rights and duties of the personal assistant and the user; how to calculate the user fee, description of procedures for filing complaints and feedback.

2.1.2. The provider informs users and/or their legal representatives about organizations that protect their interests.

2.2. Assessment of the Need for Social Services

Goal: The primary goal of providing the "Personal Assistant" service is to meet the specific needs of the user.

2.2.1. The service is provided after assessing the needs of the potential user. The needs assessment is conducted by the provider (social worker or qualified expert) with the participation of the potential user and/or their legal representative. When the user is a child, the needs assessment, as well as its review, is conducted by the Social Assistance directorates. In the case of short-term services or when the service is provided in a crisis situation, the needs assessment can also be conducted after the service provision has already started.

2.2.2. The needs assessment must include an overview and characterization of:

• The overall physical and mental condition of the potential user;
• Vision, hearing, and communication abilities;
• Mobility capabilities, need for medical devices, technical aids, adaptations, or facilities;
• Mental health;
• Cognitive functions;
• Ability to cope with daily activities and household tasks;
• Social activity and interests;
• Relationships with their family;
• Other social contacts;
• Living conditions;
• Requirements for medication and diets;
• Additional needs related to specific conditions;
• Safety and risks;
• The need for integration into the general education system, when the user is a child.

2.2.3. Based on the assessment, the service delivery plan outlines specific activities aimed at meeting the individual needs of the particular user.

2.2.4. The needs assessment is updated every six months but may be reviewed earlier at the request of the user or their relatives, or legal representative, as well as upon changes in the user's condition or specific needs.

2.3. Contract Between the Provider and the User

Goal: The contract regulates the rights and obligations of the provider and the user of the social service.

2.3.1. The contract is drawn up in writing within 7 days of the start of the service provision in two identical copies—one for the user and one for the provider. When the user is a child, the contract is prepared with their involvement and the involvement of their legal representative in such a way that the child understands the service provision and its objectives and can give their consent. If the "Personal Assistant" service is provided as a measure for child protection, the contract is aligned with the action plan developed by the Child Protection department of the Social Assistance Directorate.

2.3.2. The contract contains:

• Name and address of the provider of the social service and contact phone number;
• Name and address of the user of the social service and contact phone number;
• Name and address of the personal assistant and contact phone number;
• Place of service provision;
• Types of activities for practical service delivery, their duration and frequency of execution, allowable degree of flexibility in their execution;
• Circumstances under which the service provision is terminated or suspended, including temporary suspension by the user;
• Procedures for re-evaluation and updating of the specific needs of the user and their individual social service delivery plan;
• Obligations to ensure the quality of the service;
• Equipment and/or consumables that will be provided by the user and/or provider for carrying out activities;
• Responsibilities of the user and provider regarding health and mutual safety;
• Ways of providing the service during the personal assistant's leave;
• Arrangements for access to and leaving the user’s home (holding a key, alarm code, etc.);
• Amount of the user fee and payment method;
• Responsibilities and penalties for non-compliance with the contract clauses;
• Duration of the contract and conditions/methods for its termination.

2.4. Individual Plan for Providing Social Services

Goal: The individual plan for providing the service describes the activities that the provider commits to carry out to meet the individual needs of the user.

2.4.1. The individual plan is prepared with the participation of the user, and when this is not possible and when the user is a child, with the participation of their legal representative. The plan maximally considers the lifestyle of the user and their preferences.

2.4.2. The individual plan is based on the analysis and assessment of individual needs for social services and risk assessment.

2.4.3. The individual plan formulates the goal of providing the "Personal Assistant" service and contains a description of the activities to be carried out to satisfy the established individual needs of the user, as well as the areas in which they will be encouraged to expand their independence. When the user is a child at risk, the individual plan for providing social services is aligned with the Child Protection department.

2.4.4. The plan includes an assessment of the risks to the health and safety of the user (see point 3.1 of this methodology), as well as procedures/actions to control the main risk factors, including those arising from the user’s potential tendency towards (self)aggressive behavior or substance abuse. Risks are formulated descriptively, in a language understandable and acceptable to users, so as not to provoke anxiety or negative feelings in them. When the user is a child, the provider notifies the Child Protection department about the risks to their development and well-being.

2.4.5. The plan is updated by the provider every six months or earlier if there are changes in already identified circumstances. Changes are agreed with the user, their relative, close one, or their legal representative, and then recorded in the plan.

2.4.6. The plan is prepared in a language and format accessible to the user in two identical copies, which are signed by both parties.

2.5. Provision of the "Personal Assistant" Service

Goal: The service is provided in a manner that meets the individual needs of the user.

2.5.1. The "Personal Assistant" service is provided based on the individual service delivery plan agreed upon by the provider and the user.

2.5.2. The provider employs individuals who have the appropriate qualifications for providing assistant support services. The training and work experience of the assistants are taken into account when assigning them to users.

2.5.3. If necessary, the provider can train personal assistants in certain areas in order to provide services specifically tailored to the individual needs of the user.

2.5.4. The service can be provided flexibly, depending on the individual needs of the user and the specific circumstances of the situation.

2.5.5. The provider documents the delivery of services in a report that is shared with the user and the relevant entities.

2.6. Quality Control of the Service

Goal: Ensure the quality of the "Personal Assistant" service through continuous improvement.

2.6.1. The provider is obliged to control the quality of the provided service and the qualifications of the assistants.

2.6.2. The quality control process includes:

• Regular reviews of the service provision process;
• Obtaining feedback from users and their relatives about the quality of the service;
• Monitoring the implementation of the individual plan for the user.

2.6.3. If necessary, the provider introduces improvements to the service delivery process based on the feedback received.