In response to recent years’ consumer disputes over improper care by infant care centers and fee refunds for suspension of infant care due to the COVID-19 pandemic, the Consumer Protection Committee has reviewed and approved the draft of the Mandatory and Prohibitory Provisions of Standard Contract for Infant Day Care Centers (the "Draft Provisions") prepared by the Ministry of Health and Welfare (MOHW). The Draft Provisions will be promulgated by the MOHW according to law, which will guide the operators of infant care centers in complying with these provisions.

The key points of the Draft Provisions are as follows:

1. Clearly define the scope to which the Draft Provisions are applicable: The Draft Provisions are applicable to the infant care centers commissioned by the special (Executive-Yuan-governed) municipal and city/county governments, government-contracted infant care centers, and private infant care centers.

2. Clearly define the required fees and charges to prevent disputes over unclear items:

(1) Fees for full-day and half-day care: including registration fee, monthly fee, fees for insurances and meals (including complementary feeding), charges for extended care (with prior agreement), late charges (without prior agreement), and any other fees and charges as approved by local governments.

(2) Temporary care fee: refers to the fee for temporary infant care required by a child’s parent(s) due to emergency reasons in the service period specified in the agreement signed with an infant care center.

3. Clearly define the care duties and obligations of infant care centers:

(1) "Health management duties": Infant care centers should conduct developmental screenings and record the physical and mental status of children on a daily basis in order to ensure the healthy development of children.

(2) "Protection and care duties": Infant care centers should exercise the due care of a prudent administrator in providing care for children, maintain the safety of children with proper measures, and provide appropriate care to children in order to ensure that children are well taken care of.

(3) "Information disclosure duties": Infant care centers should display their child care licenses and provide the required information in a prominent place in their facilities. When providing care, the required information should also be informed to the parent(s)/main caregiver(s) of a child, and any change in any of the significant matters should also be promptly informed in order to provide full disclosure of relevant information.

(4) "Duty to respond to emergencies and incidents": In the event of an emergency, infant care centers should provide immediate and proper emergency care and assist in seeking medical care, as well as notify the parent(s) or emergency contact person(s) of the children involved in order to protect their life and safety.

4. Clearly define the requirements for an early termination of the contract and its consequences:

(1) In order to reduce the amount of disputes over fee refunds, provisions are put in place to specify termination events that are attributable to the parent(s) of a child or the infant care center, and that cannot be attributed to the parent(s) of a child and the infant care center, and events where the contract can be terminated with immediate effect, as well as the consequences for such occurrences.

(2) To prevent a child suffering from improper care, the child’s parent(s) may terminate his/her contract with the infant care center in the event that such care center exhibits any of the following signs of improper care:

1. Situations where the child is not in clear and present danger (e.g., neglect of care and inappropriate behavior): If such behavior is not improved within a specified period of time of no less than 10 days as demanded by the parent(s) of the child involved with evidence of improper care, the parent(s) of the child involved may terminate his/her contract with the infant care center.

2. Situations where the child is in clear and present danger (e.g., physical abuse or mistreatments), and acts that present physical or emotional harm to the child: The parent(s) of the child involved may immediately terminate his/her contract with the infant care center.

5. Clearly define the fee refund guidelines for continued suspension of services due to epidemic prevention measures:

In the event of a suspension of infant care due to force majeure events or circumstances that are not attributable to the parties involved, such as natural disasters, incidents, or governmental orders that apply nationwide, the relevant fees may be refunded in the following ways:

(1) "One party intends to terminate the agreement": The infant care center should refund the pro rata portion of the fees paid (including registration fee, monthly fee, and meal fee) for the remaining period.

(2) "Both parties have decided not to terminate the agreement": The infant care center shall refund no less than 50% of the average monthly fee based on the number of days the infant care center is closed. (Average monthly fee: refers to the registration fee for the then-current program period divided by 6 months, plus the monthly fee)

Last of all, the Executive Yuan’s Department of Consumer Protection (DCP) reminds parents that when signing a contract with an infant care center, they should carefully review the terms of the contract. Parents should also pay close attention to the physical and mental condition of their children after returning from the center. In addition, the DCP urges infant care providers to deliver good and proper care to the children entrusted to them. Infant care centers' contracts should be in compliance with the requirements of the Mandatory and Prohibitory Provisions of Standard Contract for Infant Day Care Centers. If a provider fails to comply with these requirements, and further fails to make the necessary amendment(s) within the specified time as required upon notice, the competent authority may impose a fine of not less than NT$30,000 nor more than NT$300,000 in accordance with Article 56-1 of the Consumer Protection Act; if the provider has again failed to make the necessary amendment(s) within the specified time as required upon a subsequent notice, a fine of not less than NT$50,000 nor more than NT$500,000 may be imposed with consecutive punishment.