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虐童案後小孩找不到新學校?專家提 3 解方,

接住家長轉學的需求
Unable to Find New Schools for Your Child After Child
Abuse Incident? Experts Recommend 3 Solutions for
Parents in Need of School Transfers.

親子天下媒體中心 - 陳奕安

Parenting World Media Center – Chen Yi An

近期爆發新北某幼兒園疑似餵食幼童安眠藥事件和台北某
托嬰中心不當對待事件,讓許多家長繃緊神經,同時凸顯
台灣目前面對園所突然停業,出現大量轉園、轉托需求時,
缺乏處理規範的現況。政策上該如何接住孩子的轉托轉園
需求?
Recently, suspected incidents of feeding sedatives to children at a kindergarten in
New Taipei city and child maltreatment at a childcare center in Taipei city have
left many parents anxious. At the same time, it underscored Taiwan’s lack of
standardized procedures to handle surge in requests for transferring children due
to sudden closures of childcare facilities. What policies should be implemented to
address the demands of transferring children to alternative childcare facilities?

虐童案後急轉學卻找不到新學校,轉托轉園需求如何接住
After child abuse cases, there is an ugent need to transfer schools but cannot find
one. How can we solve the problem of transfering children?
本文重點摘要

Key Takeaways

• 虐童案後寶寶急轉出,家長為何陷送托困境?
Why do parents face difficulties in finding alternative childcare options
when their children need to be urgently transferred after child abuse cases?
• 協助轉托轉園需求,專家提 3 解方
Experts suggest 3 ways to assist the school transfers demands
• 解方一:積極盤點空手保母、協助教保員到其他托嬰
中心任職
Solution 1: Actively inventory vacant positions for babysitters and assist
childcare workers in finding positions at other childcare centers.
• 解方二:佈建公共臨托,度過「緊急過渡期」
Solution 2: Establish publish temporary childcare centers in order to
overcome “the emergency transistion period”
• 解方三:加強定型化契約內容,對違規業者課責
Solution 3: Strengthen standardized contract terms and hold non-
compliant operators accountable.

新北市板橋一所私立幼兒園(下稱 A 幼兒園),日前傳出
疑似餵食幼童安眠藥事件,至今驗出 8 名孩童身上有藥物
殘留,引起家長恐慌。事件爆發後,該園業者公告園所將
於 7 月底歇業,新北市教育局則裁定園所於 6 月 12 日起
廢止設立許可,讓園內 65 名孩子的安置成為問題。
Recently, a private kindergarten, below referred to as "A Kindergarten," was
suspected of feeding sleeping pills to children. Up until now, eight children have
been found to have drug residues in their bodies, causing panic among parents.
After the incident occurred, The operator announced that the facility will be
closed at the end of July. The New Taipei City Department of Education has also
decided to revoke the establishment permit of the kindergarten starting from June
12th. This has made the arrangement of 65 children in the facility a problem.

孩子就讀A園所小班的江姓家長日前出席記者會時控訴,
孩子已確認驗出巴比妥(屬三級毒品)相關藥物反應,但
目前是學期中,孩子退學也難以立刻找到新學校就讀,他
除了希望相關單位主動協助進行藥物檢驗,也希望政府出
面,安排孩子轉學。
A parent surnamed Jiang, whose child attends A kindergarten, recently attended
a press conference to make a complaint. The child has been confirmed to have
tested positive for Barbital (a Schedule III controlled substance). However, it is
challenging to immediately find a new school for the child as the current semester
is still ongoing. The parent not only hopes that relevant authorities will assist in
conducting drug tests but also the government to take action in arranging a
transfer to another school for the child.

類似狀況也發生在今年 5 月,台北市內湖某私立托嬰中心
(下稱 B 托嬰中心)發生多起幼兒虐待事件,遭北市社會
局開罰,勒令停辦 1 年。律師吳沂錚負責部分家長對該起
案件的訴訟,她說,有家長向她分享,自己發現孩子同樣
受害後,馬上為孩子請假,但沒後援支持,短期內也找不
到好的托嬰中心或保母接手,「最後只好再送回這間托嬰
中心,家長只能不斷安慰自己『這裡雖然發生兒虐,但現
在有社會局介入緊盯』」。
A similar incident occurred in May this year. Cases of child abuse occurred at a
private childcare center located in Neihu, Taipei City, below referred to as B
childcare center, was penalized by the Taipei City Department of Social Welfare
and ordered to suspend its operation for one year. Lawyer Wu Yizheng is
responsible for handling lawsuits from some of the parents involved in this case.
She mentioned that some parents have shared with her that upon discovering their
children were also harmed, they immediately took leave for their children.
However, without any support, they cannot find suitable childcare centers or
babysistters in the short term. As a result, they “have no choice but to send the
child back to this childcare center.” The parents can only consolse themselves by
saying, “Although child abuse did occur here, the social welfare department is
now intervening and monitoring the situation strictly.”

近期兩起幼托機構發生大規模不當對待事件,讓許多家長繃緊神
經,就怕孩子遇到惡質托育園所、幼兒園。同時,也凸顯台灣目
前面對園所突然停業,幼兒與家長有大量轉園、轉托需求時,缺
乏應變處理機制的現況。

Recent events of serious mistreatment being reported at two childcare facilities


have made parents anxious and feared that their children may encounter
malicious childcare centers. At the same time, the incidents have also
underscored Taiwan’s current lack of appropriate procedures to deal with the
sudden closure of childcare facilities, leading to a high demand for transferring
schools by the affected children and their parents.

虐童案後寶寶急轉出,家長為何陷送托困境?

Why do parents face difficulties in finding alternative childcare options when


their children need to be urgently transferred after child abuse cases?

《親子天下》整理學前領域專家意見發現,在有臨時轉托轉園需
求時,家長與孩子將會面對幼托容量不足、政府沒有緊急安置規
定與流程等兩大困境。

“Parenting World” has gathered opinions from experts in the field of preschool
education and discovered that when there is a sudden demand for school transfers,
parents and their children encounter two major challenges: inadequate capacity
of childcare facilities and the absence of prompt placement regulations and
procedures from the government.
幼托容量不足,造成家長在業者停業後,很難立即找到下
一間園所。吳沂錚就曾經協助家長轉托,她把內湖區所有
托嬰中心的電話都打過一輪,「但現在內湖的托嬰中心幾
乎全滿!」,全中心近 70 個寶寶的送托成為難題。
Inadequate capacity of childcare facilities makes it difficult for parents to find
alternative options if the operator closes the facility. Wu Yizheng has asssisted
parents in transferring schools. She made call to all of the childcare centers in
Neihu district, “However, all childcare centers in Neihu are currently mostly full!”
Placement of 70 children becomes a challenging task.

在幼托領域工作逾 20 年的全國教保產業工會理事楊秀彥
說,2021 年高雄曾爆出托嬰中心集體不當對待事件,7
名孩童疑似被托育人員捏臉、打嘴巴,業者因此遭處停業
3 個月,有超過 30 個寶寶急需送托。但正值學期中,有
口碑且收費便宜的準公托、公托全額滿,加上當時高雄的
臨托據點不足,許多孩子只能由家中長輩、或家長辭職自
行照顧。
Working in the childcare sector for more than 20 years, National Education and
Industry Union’s Director Yang Xiuyan mentioned that in 2021, a childcare center
in Kaohsiung City was involved in an incident of improper treatment. 7 children
were suspected to have been pinched on the face and slapped on the mouth by
childcare workers, leading to a three-month suspension of business for the
operator. As a result, 30 children were in urgent need of school transfers. But
during the middle of the semester, reputable and affordable semi-public and
public childcare centers were fully occupied. Additionally, there was a shortage
of temporary childcare facilities in Kaohsiung at that time. Consequently, many
children could only be taken care of by grandparents or parents who had to quit
their jobs to provide care themselves.
至於幼托園所停業後的處理流程為何?北市社會局婦幼科
長粘羽涵表示,目前《兒童及少年福利與權益保障法》中,
確實沒有明文規定相關處理機制,也未明確指出業者、政
府機關應提供哪些協助;法規上,目前僅有《私立兒童及
少年福利機構設立許可及管理辦法》第 13 條第一項,規
範機構需要在停業前提出申請,並提出對於收托兒童與員
工的安置計畫。
As for the procedures following the closure of childcare facilities, director of the
Women and Children’s Section of the Taipei City Department of Social Welfare,
Nian Yuhan, stated that the current "Child and Youth Welfare and Rights
Protection Act" has neither explicit handling mechanisms nor assistances that
should be provided by government agencies. According to the current regulations,
only Article 13, Paragraph 1 of the “Regulations for the Establishment and
Management of Private Child and Youth Welfare Institutions" requires childcare
facilities to submit an application and provide placement for children and staffs
before ceasing operation.

粘羽涵指出,以近期的內湖 B 托嬰中心不當對待事件為例,
社會局只能援用該法條,要求被裁處停辦的托嬰中心,對
師生接下來的去處進行安置計畫,搭配社會局派員監督、
同步協助後續安置。
Nian Yuhan pointed out, using the recent mistreatment case of Neihu B childcare
center as an example, the Department of Social Welfare can only rely on the
aforementioned article to require the suspended childcare center to take care of
the arrangements for both affected teachers and students. This, along with the
supervision and assistance of the assigned personnel from the department,
support the placement progress.
協助轉托轉園需求,專家提 3 解方
Experts suggest 3 ways to assist the school transfers demands

當園所不當對待兒童,反而讓家長與孩子陷入送托的困境,
相關機制應該如何接住緊急轉托、轉園需求?輔仁大學兒
童與家庭學系副教授涂妙如認為,即使尚無明確法規,地
方教育局、社會局仍應承擔作為主管機關的責任,以介入
緊急安置、媒合托育機構⋯⋯等完整的配套手段,協助家
長。
When a childcare facility treats the children improperly, causing parents and
children to encounter school transfers difficulty, relevant agencies should do what
to assist them? Associate professor of the Department of Child and Family
Welfare of Fu Jen Catholic University, Tu Miaoru, believes that even in the
absence of specific regulations, local educational bureaus and social welfare
bureaus should still assume their responsibilities as supervisory authorities. They
should intervene with emergency placements, facilitate matching with childcare
facilities, and provide comprehensive support measures to assist parents.

解方一:積極盤點空手保母、協助教保員到其他托嬰中心任職

Solution 1: Actively inventory vacant positions for babysitters and assist


childcare workers in finding positions at other childcare centers.

「盤點空手保母是一個做法。」靖娟安全文教基金會執行
長林月琴說,當公托、公幼都額滿,或許不必拘泥於孩子
仍要送托機構;在事件發生時,政府可以快速透過居家托
育中心,盤點有哪些保母手上的托育兒童名額未滿、能夠
接手托育工作,並協助家長與保母接洽;且尋找合適保姆
進行送托,對於未滿 2 歲、有長期托嬰需求的寶寶來說相
當適合。
“Inventorying vacant positions for babysitters is one approach,” said Lin Yueqin,
Executive Director of the Jing-Juan Safety and Education Foundation. When
public childcare and public preschools are full, it may not be necessary to insist
on sending children to these institutions. When such incidents occure, the
government can quickly assess the availability of childcare spots in home-based
childcare centers, identify babysitters who have vacancies and can take on
childcare responsibilities, and assist parents in contacting these babysitters.
Moreover, finding suitable babysitters for placement is highly suitable for babies
under 2 years old who require long-term childcare.

除此之外,知名臉書專頁「靠北惡質幼兒園」版主詩婕
(化名)也指出,有部分托育中心業者受限於人力,實際
收托名額小於核定收托人數,「有的中心核定收托人數其
實有上百個名額,卻因為無法招募到足量教保人員,實際
上僅收托不到 50 名幼兒」。
In addition, Shijie, the administrator of the well-known Facebook page
“Complaining about Malicious Kindergartens,” pointed out that there are
childcare centers who are being limited by manpower, resulting in the actual
enrollment capacity is less than the approved capacity. “There are centers who
have more than one hundred approved enrollment spots, but due to inability to
recruit enough education and care personnel, they actually enrolled less than 50
children.”

然而,在違規的托嬰中心裡,尚有未涉案的教保人員或保
母,她建議,若政府能媒合這些人,暫時進入附近核定收
托人數尚未額滿的機構,收托原本園所的幼兒,將有益於
舒緩當下的送托需求。
However, in non-compliant childcare centers, there are still education and care
personnel or babysitters who are not involved in the violations. She suggests that
if the government can match these individuals and temporarily place them in
nearby facilities where the approved enrollment capacity has not been filled, they
can take care of the children from the original center. This would be beneficial in
alleviating the current demand for childcare.

解方二:佈建公共臨托,度過「緊急過渡期」
Solution 2: Establish publish temporary childcare centers in order to overcome
“the emergency transistion period”

「再過 3 個月我家孩子就能上幼兒園,但現在家裡真的沒
有後援」、「其他托嬰中心要 2 週後才能收托⋯⋯」對於家
長與孩子需要緊急但非長期送托,政府該怎麼做?楊秀彥
直言,「當各個不同行政區都有臨時托育據點,才比較可
能接住家長的緊急需求。」
“Three months later and my child can finally attend kindergarten, but right now
we have no support at home,” “other childcare centers can only accept
enrollment after two weeks from now…” When it comes to parents and children
needing urgent but short-term childcare, what should the government do? Yang
Xiuyan frankly stated, "It is only possible to meet the urgent needs of parents
when there are temporary childcare centers available in different administrative
districts."

楊秀彥分享,2021 年高雄托嬰中心集體不當對待事件發
生時,市府提供臨托空間與資源,並找來合格保母,讓有
意送托的家長能夠選擇臨托,最後由 2 個臨托據點、臨時
收托共 6 名孩子,提供家長找下一間園所的緩衝時間。
Yang Xiuyan shared that in 2021, when the collective mistreament incident
occurred, the city government provided temporary spaces and resources and
arranged qualified babysitters. This allowed parents who intended to enroll their
children in childcare to choose temporary care. In the end, two temporary care
locations accommodated a total of six children, providing parents with a buffer
period to find another childcare center.

楊秀彥觀察,經歷原本幼托機構發生不當對待事件後,不
少家長會對幼托環境產生不信任感,對於通常未加裝監視
器的居家送托(如保母),易有較多疑慮。在此情況下,
通常位於親子館的公共臨托,環境相對公開透明、會有其
他親子家庭出入,孩子也有機會跟其他小朋友一起玩,或
許就是一個送托選擇。「現在高雄臨托據點增加至 12 個,
萬一發生意外,我們就能很快接住家長孩子的需求。」她
說。對此,楊秀彥呼籲,臨托等彈性友善的公共托育資源,
需要政府持續佈建。她也提醒,在規劃、建設公共托育的
同時,政府也應該留意不同地區的資源平均問題,提高家
長送托的接近性、便利性,才可能在關鍵時刻支持育兒家
庭的真實需求。
Yang Xiuyan observed that after experiencing incidents of mistreatment in their
original childcare facilities, many parents develop a sense of distrust towards the
childcare environment. They may have more concerns about home-based care,
such as babysitters who typically do not have surveillance cameras installed. In
this situation, public temporary care centers located in parent-child centers is a
potential option. These centers have a relatively open and transparent
environment, with other families frequently present. The children also have
opportunities to play with other peers. "Currently, there are 12 temporary care
locations in Kaohsiung. In case of emergencies, we can quickly meet the needs of
parents and children," she said. Yang Xiuyan urged the government to continue
establishing flexible and friendly public childcare resources like temporary care
centers. She also emphasized the importance of considering resource distribution
across different regions while planning and constructing public childcare
facilities. By improving accessibility and convenience for parents, the government
can effectively meet the real needs of parenting families in critical moments.
對於臨時托育的需求,托育政策催生聯盟發言人黃喬鈴也
指出,更彈性的育嬰假制度同樣能協助家長;家長在孩子
0~8 歲階段,最容易遇到臨時突發狀況,但現況下,育
嬰留職停薪僅能於孩子 3 歲前申請。她建議,育嬰假應該
涵蓋孩子 0~8 歲階段,讓家長面對突發狀況時能夠兼顧
工作與育兒。
Regarding the demand of temporary childcare, Huang Qiaoling, spokeperson of
the Childcare Policy Advocacy Alliance, pointed out that a more flexible parental
leave system could assist parents. Parents are most likely to encounter unexpected
situations during their child's 0-8 years, but the current parental leave system
only allows for leave until the child reaches 3 years of age. She suggested that
parental leave should cover the 0-8 year age range, enabling parents to balance
work and childcare responsibilities when faced with unforeseen circumstances.

解方三:加強定型化契約內容,對違規業者課責
Solution 3: Strengthen standardized contract terms and hold non-compliant
operators accountable.

除了政府應該要站出來協助家長轉托、轉園,詩婕認為,
業者也同樣有責任,不能找理由開脫。然而遺憾的是,粘
羽涵提到,翻開行政院訂定的「托嬰中心定型化契約」會
發現,定型化契約內容固然規範了業者在收托幼兒期間的
責任與義務,卻缺少托嬰中心在損害兒童身心,或歇業、
停業、終止經營後,給兒童與家長的保障,只要求業者需
「通知」家長、提供「適當」轉介的托嬰中心。
Besides the government's responsibility to assist parents in transferring their
children to other childcare centers, Shi Jie believes that childcare operators also
share the responsibility and cannot make any excuses. Unfortunately, according
to Nian Yuhan, when reviewing the “Standardized Contract Regulations for
Childcare Centers” by the Executive Yuan, it is found that while the contract
regulates the responsibilities and obligations of operators during the period of
childcare, it lacks provisions for protecting children and parents in cases of harm
to the child's physical and mental well-being, or in the event of closure,
suspension, or termination of operations. The contract only requires operators to
"notify" parents and provide "appropriate" referrals to other childcare centers.

粘羽涵認為,若定型化契約中能夠增加對於業者的責任,
要求業者為經營問題負責,承擔家長轉托後增加的費用,
對家長來說更有保障,也能減輕育兒家庭在事件中受到的
損害。
Nian Yuhan believes that if the standardized contract could include increased
responsibilities for operators, such as holding them accountable for operational
issues and bearing the additional costs incurred by parents during the transition,
it would provide better protection for parents and alleviate the damage suffered
by childcare families in such incidents.

此外,涂妙如也指出,政府應該在契約上多加著墨,譬如
在與業者簽約時就約定好,由公辦民營、準公共化、或以
標案方式委外經營的托育機構,在發生兒虐事件時應該如
何因應、負起哪些責任。她也提醒,公部門對於托育機構
必須從嚴把關、執行充足的監督輔導機制,才能從頭避免
兒虐事件發生。
Furthermore, Tu Miaoru also pointed out that the government should emphasize
more in the contract, for example, when signing agreements with operators,
establishing clear guidelines on how publicly operated, quasi-public, or
outsourced childcare institutions should respond to child abuse incidents and
what responsibilities they should assume. She also reminded that the public sector
must exercise strict oversight and implement sufficient supervisory and guidance
mechanisms for childcare institutions to prevent child abuse incidents from
occurring in the first place.

當幼托園所因虐童案遭停業,犯錯的是違規業者,無辜孩
童與育兒家庭不該連帶受害。讓每個孩子安心長大,是政
府不能忽視的任務;除了業者應負起相應責任,政府也必
須提出後續的安置與配套措施,才能避免家長和孩童陷於
無處可去的窘境。
When childcare centers are forced to suspend operations due to child abuse cases,
it is the non-compliant operators who have commited the mistakes, and innocent
children and childcare families should not suffer as a result. Ensuring a safe
growth for every child is a mission the government cannot ignore. In addition to
the operators taking their corresponding responsibilities, the government must
also propose follow-up placement and support measures to prevent parents and
children from being trapped in a helpless situation.

(責任編輯:劉映均)
Editor: Liu Yingjun

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