141. According to the Convention on the Rights of the Child, General Comment No. 5 on the general measures of implementation, state parties should establish first-class and independent coordinating and monitoring bodies, and collect comprehensive data to formulate and implement adequate policies. Child abuse cases have been appearing frequently in recent years. According to the statistics gathered by the Ministry of Health and Welfare, the youth and child protection cases verified upon investigation from 2016 to 2018 include 45 caregiver abuser cases. The Protection of Children and Youth Welfare and Rights Act has been amended on April 24, 2019, by including Paragraph 8 to Article 81 therein concerning the authorization to collect and search for information concerning unfit personnel. Upon investigation and subsequent follow-up by the Control Yuan and the Social and Family Affairs Administration, the Ministry of Health and Welfare has established a care system integrated with the information technology system, which has gone live in September 2020. Meanwhile, it also worked with the Ministry of Education to establish a database collating and crosschecking information about unfit personnel in the national caregiver service institutions in order to prevent unfit personnel from working again in kindergartens and infant care centers. Special Judicial Protection for Children 142. The statistics gathered by the Ministry of Health and Welfare show that the number of sexual assault cases reported within the welfare institutions have been increasing year by year. According to the Convention on the Right of the Child and Juvenile Justice Act, the juveniles and children with cases of statutory offenses or tending towards offenses or touching on potential violations of law should be transferred by means of judicial proceedings back to the social welfare placement, lest they be sent through punitive legal proceedings prematurely. The juvenile and child placement institutions are identified as the last line of defense against prosecution for statutory or petty offenses. It should be noted that the placement institutions have about 5,200 beds in total throughout the nation, of which more than 3,000 beds are already occupied, i.e. a 63% bed occupancy rate. Theoretically, 63% occupancy can accommodate supply and demand. But in consideration of the insufficient number of caregivers retained by the various placement institutions, the number of juveniles that can be housed by the institutions is actually far less than the authorized number of beds. The institutions therefore do not show a high willingness to accept placement of juveniles and children under judicial order, in consideration of their carrying capacity, professional personnel and facilities. Currently, the placement institutions willing to detain judicial juveniles have insufficient resources and lack effective control measures to deal with sexual assault cases. The Executive Yuan is should advise its subsidiary units to discuss concrete and feasible solutions to this problem. 61

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