CHILDCARE SAFETY · POLICY UPDATE

A caregiver’s cohabitant has disqualifying circumstances: care will be limited to the child’s home

The new Child Care Services Act brings child-safety risks posed by co-residents into its rules. It is not yet in force; the Executive Yuan must still announce the effective date.

Published 21 Oct 2026 · Checked 21 Oct 2026 · Ministry of Justice Laws & Regulations Database
Ink-wash illustration of a home childcare safety check, not an incident scene
Original policy illustration; not an incident scene.
Article 55Where a co-resident has specified disqualifying circumstances, home-based care is limited to care at the child’s home
PromulgatedThe Act was promulgated on 8 May 2026
Not yet in forceThe Executive Yuan has not yet set an effective date

What the rule says

The Act expressly brings people who live with the provider into the safety review, including a spouse, relatives, cohabitants and other co-residents. Under Article 55, if a co-resident has a disqualifying circumstance listed in Article 49 or 50, or a local authority determines there are objective facts indicating that the person may harm a child, the provider may only deliver care at the child’s residence or another designated residence. The provider may not care for children at the provider’s registered home.

Article 49 covers specified sexual offences, drug offences, conduct determined to constitute sexual assault, and certain serious domestic-violence offences where a lifetime bar is found necessary. Article 50 lists further serious offences that have resulted in final convictions and related disqualifying circumstances. Whether a particular case triggers the legal consequence must still be decided through the competent authority’s procedure and statutory requirements.

The point is not to label a provider’s family background. It is to move the place of care away from a household where a child could come into contact with a person who presents a risk.

When does it take effect?

The Ministry of Justice database currently marks the Act as having provisions that are not yet effective and states that its effective date will be set by the Executive Yuan. The accurate description at present is therefore: the Act has been promulgated and its policy direction is written into law, but the commencement date and implementing arrangements remain to be announced.

What parents can do now

What still needs scrutiny

This article summarizes a promulgated law; it does not decide any individual’s eligibility. Once the Act takes effect, timely, verifiable public information, assessment procedures, local implementation and parent notification will remain key points for oversight.

Sources and verification

Ministry of Justice Laws & Regulations Database: Child Care Services Act — promulgation and effective-status information; Articles 3, 49, 50, 55 and 71 Ministry of Health and Welfare: Childcare service information