A participatory process is a sequence of participatory activities (e.g. first filling out a survey, then making proposals, discussing them in face-to-face or virtual meetings, and finally prioritizing them) with the aim of defining and making a decision on a specific topic.
Examples of participatory processes are: a process of electing committee members (where candidatures are first presented, then debated and finally a candidacy is chosen), participatory budgets (where proposals are made, valued economically and voted on with the money available), a strategic planning process, the collaborative drafting of a regulation or norm, the design of an urban space or the production of a public policy plan.
The City Council of Esparreguera launches the public consultation prior to the drafting of the preliminary draft of the regulation of the home help service.
The City Council of Esparreguera, through this space, enables an access point to the procedures for prior public consultation in the process of drafting the draft decrees and regulations, in accordance with article 133 of Law 39 / 2015, of October 1, of the Common Administrative Procedure of Public Administrations.
Preliminary draft of the regulation of the Dominican Republic help service
Within the basic municipal competences set forth in Law 7/1985 of April 2, regulating the local regime bases, as amended by Law 27/2013, of December 27, on rationalization and sustainability of the local Administration in article 25.2 section e) contemplates the evaluation and information of situations of social necessity and immediate attention to people in situation or risk of social exclusion and in article 26 section c) determine the services to be provided by municipalities with more than 20 thousand inhabitants. This regulation is also included in articles 66.3.k) and 67.c) of Legislative Decree 2/2003, of April 28, which approves the Consolidated Text of the Municipal Law and the local regime of Catalonia.
This regulation derives from Law 12/2007, of October 11, on social services that, in its article 31, establishes the competence of the municipality to carry out the functions of basic social services, among them the management of the home help service, teleassistance and support to the family unit or coexistence. Thus, the home care service is configured as a provision of municipal competition which will be provided to two types of users, to the beneficiaries of the Law 39/2006, of December 14, on the Promotion of Personal Autonomy and Attention to the Unit (LAPAD) and to non-beneficiaries.
It also results from applying all the specific regulations in force in this area, which include the mention of Decree 27/2003, of January 21, on primary social assistance, Decree 142/2010, of October 11, by which approves the Portfolio of Social Services 2010-2011 and of the legal prescriptions contained in Decree 284/96, of July 23, with regard to the service of help to domicile.
Problems that are intended to solve with the initiative:
By means of the approval of this regulation, it is intended to regulate the provision of the municipal service of home help as a preventive service and the promotion of personal autonomy to promote a better quality of life of users empowering their personal autonomy Proper living conditions in coexistence in their own family and social-community environment.
Need and opportunity for its approval:
The municipal home help service is emerging as a basic social service of proximity in continuous growth. On the one hand, sociodemographic and economic changes cause an increase in demand for this service. On the other hand, there have also been changes in the regulatory framework that grant citizens rights and, consequently, require competent administrations to give new answers to social needs.
In this sense, there is an increase in demand for personal attention and the environment, given the clear desire of citizens to live in their usual social and family environment.
Objectives of the norm:
The purpose of this regulation is to regulate the provision of the home help service by offering an organized and coordinated set of actions that are carried out at the home of the user, aimed at providing personal attention, urgent attention , helps home and social support to people or families with a lack of personal autonomy, development difficulties or with special problems.
The purpose of the service is to promote a better quality of life for the citizens of the municipality of Esparreguera, enhancing their personal autonomy and appropriate conditions of coexistence in their own family and sociocommitory environment.
However, it is necessary to guarantee the quality of services, equity in terms of access and territorial balance.
Possible alternative regulatory and non-regulatory solutions:
Article 4.1.a) of Law 7/85, dated April 2, regulating local government bases, grants the town councils the regulatory power, that is, the capacity to develop, within the scope of their powers, what is available in the state or autonomous regulations.
It is understood that the regulatory development of the home help service in the City of Esparreguera by means of a regulation is the right solution; especially when it comes to regulating relationships with citizens that go beyond mere internal management.
It is necessary to have a regulation of the home help service to guarantee an improvement in the quality of care and delivery of the home help service.