Children placed in a foster family. Features of the foster family. Benefits for foster families

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Foster family in questions and answers
1. What is a foster family?

A foster family is one of the forms of arrangement for the upbringing of children left without parental care.

The foster family differs from other forms of adoption of children for upbringing (adoption, guardianship) - temporary nature and contractual way of registration of relations.
2. Why do children need foster care?

Most often, children with a certain experience, the so-called "life scenario", come to a foster family. And it's different for everyone. Someone's parents died, someone was deprived of parental rights, someone's parents abandoned their daughter or son. All this can not pass without a trace for the child. Therefore, it is very important to help him change this scenario by giving him the warmth of his soul, love, knowledge and skills, and simply a state of happiness and well-being.

For the normal formation of a personality, a child needs an environment of such people who would accept him as a person, with whom he would live with the same interests.

Every child first of all needs a mother or a person who completely replaces her. The mental needs of the child are best satisfied by a good family environment.

The family provides the child not only with optimal opportunities for the formation of his personality, but it also naturally introduces him into ever-expanding social relations, creates the prerequisites for his entry into an independent life. A child placed in a foster family becomes an active participant in the reproduction of family experience through interaction, mutual influence, communication with representatives of different generations, foster parents, their children, and relatives. Children have a positive family experience, they will later be able to become effective parents themselves.
3. Who can be foster parents?

Adoptive parents (parents) may be adults of both sexes, with the exception of:

Persons recognized by the court as incapable or partially capable;

Persons deprived by court of parental rights or limited in parental rights;

Suspended from the duties of a guardian (custodian) for improper performance of the duties assigned to him by law;

Former adoptive parents, if the adoption is canceled by the court due to their fault;

Persons with illnesses, in the presence of which it is impossible to take a child (children) to be raised in a foster family (including disability groups I and II).

Preference is given to families or single persons with experience in raising children, or relatives of these children.

4. What kind of children are placed in foster care?

Children left without parental care are transferred to foster care:

Orphans;

Children whose parents are unknown;

Children whose parents are deprived of parental rights;

Children whose parents have limited parental rights;

Children whose parents are recognized by the court as incapacitated, missing, convicted;

Children whose parents, for health reasons, cannot personally carry out their upbringing.

Children left without parental care, who are in children's boarding institutions, medical institutions, institutions of social protection of the population or other similar institutions.

At the request of persons (persons) who have the necessary conditions for this, it is possible to transfer them for upbringing to a foster family:

Child (children) with poor health;

sick child;

A child with developmental disabilities;

Disabled child.

5. How many children can be in a foster family?

The total number of children in a foster family, including relatives and adopted children, should not exceed, as a rule, 8 people.

6. Where should people who wish to adopt a foster child apply?

Persons wishing to take a child (children) to be brought up in a foster family, apply to the district (city, regional) social and pedagogical center at their place of residence.

7. What documents must be submitted by persons wishing to adopt a foster child?

Persons wishing to adopt a foster child must provide documents specified in the "Regulations on the Foster Family" with the application:

a certificate from the place of work indicating the position and salary, or a copy of the income statement certified in the prescribed manner;

a document confirming the availability of housing (a copy of the financial personal account from the place of residence and an extract from the house book, or a document confirming the right to own residential premises);

a copy of the marriage certificate (if married);

medical health certificate. In addition, it is necessary to present a passport, and in cases provided for by the legislation of the Russian Federation, another document replacing it.

8. What kind of medical examination must pass candidates for adoptive parents?

A medical examination, if necessary, an additional examination, is carried out at a healthcare institution at the place of residence of the candidate for foster parents. The medical report is prepared on the basis of the examination, as well as data from the medical record of the outpatient (account form No. 25 / y-87). The conclusion of the specialist who carries out the examination of the citizen (s) is confirmed by the signature of the head of the institution and the official seal. An entry is made in the medical card of an outpatient (ac.f. No. 25 / y-87) that the citizen (ka) has passed (a) examination, without indicating its purpose. The results of the medical examination are valid for 3 months.

9. For which diseases of candidates for foster parents is it not allowed to transfer a child to a foster family?

Tuberculosis (active and chronic) of all forms of localization in patients with I, II and V groups of dispensary registration;

Diseases of internal organs, nervous system, musculoskeletal system in the stage of decompensation;

malignant oncological diseases of all localizations;

Drug addiction, substance abuse, alcoholism;

Mental illness before removal from the dispensary;

All diseases and injuries that led to disability of groups I and II, excluding working capacity.
10. What living conditions should a foster family have?

For each child in a foster family, there must be at least 8 sq.m. living area. The child definitely needs his own bed, a place for preparing lessons, for storing personal belongings.

11. Who prepares the opinion on the possibility of being foster parents?

To assess personal qualities, abilities to fulfill the duties of raising children, psychologists of socio-pedagogical centers conduct a psychodiagnostic examination of foster parents. In the absence of trained specialists in the area, a psychologist of the Regional (district) social and pedagogical center conducts a psychodiagnostic examination of adoptive parents. Based on the documents submitted by candidates for foster parents, as well as the results of a medical examination, a survey of living conditions, with positive results of a psychodiagnostic examination, candidates for foster parents are given an opinion on the possibility of being foster parents, and are given the opportunity to select a child.

12. From which institutions can candidates for foster parents pick up a child for their family?

Persons who have received a conclusion from the guardianship and guardianship authorities on the possibility of being foster parents can pick up a child (children) who are in the orphanage, orphanage, shelter for minors, adoption center, guardianship and guardianship. When visiting these institutions, they must have a cover letter from the guardianship and guardianship authority.

13. What kind of training do prospective adoptive parents receive?

Candidates for foster parents undergo primary psychological and pedagogical training in the regional (district) social and pedagogical centers.

14. Who concludes an agreement with foster parents?

The body of guardianship and guardianship at the place of residence of the adoptive parents concludes with the adoptive parents an Agreement on the transfer of the child (children) to their family for upbringing. The agreement provides for the responsibility and rights of foster parents and guardianship authorities, the distribution of responsibilities in the implementation of an individual rehabilitation program for a child in a foster family.

15. How long can children stay with a foster family?

Children in a foster family may stay until they reach the age of majority or until the child enters a vocational school, secondary special, higher educational institution before reaching the age of majority; if desired, adoptive parents - and longer, but the relationship will no longer be of a legal nature. If parents wish, an adopted child can be adopted by them, taken under guardianship (guardianship).

16. Is the child's opinion taken into account when transferring him to a foster family?

The transfer of a child (children) to a foster family is carried out taking into account his opinion.

The transfer of a child who has reached 10 years of age to a foster family is carried out only with his consent.
17. Why is an individual rehabilitation program for a child in a foster family drawn up?

When transferring a child to a foster family, before concluding an agreement with foster parents, an individual program for the rehabilitation of the child in a foster family is drawn up, which includes a comprehensive socio-psychological, medical and pedagogical support for the child and his family.

An individual program for the rehabilitation of a child in a foster family is compiled by a social and pedagogical center, based on the needs of the child, conclusions and recommendations of specialists from medical, psychological and pedagogical centers for diagnosing children, conclusions and recommendations of specialists from institutions (orphanages, orphanages, orphanages, regional and regional SPTs) , conclusions and recommendations of medical institutions, schools, information on the availability (fixing) of housing, property of a foster child, information about biological parents, information from other subjects of the child's socialization, as well as the real possibilities of this foster family, institutions of the social block of this territory.
18. What rights does a child in a foster family have?

A child (children) transferred to a foster family retains the right to alimony, pension (in case of loss of a breadwinner, disability) and other social payments and compensations due to him.

A child in a foster family retains the right of ownership of the dwelling or the right to use the dwelling. In the absence of housing, he has the right to provide him with housing in accordance with housing legislation.

A child placed in a foster family retains the right to a pension due to him (on the occasion of the loss of a breadwinner, disability), which is transferred to an account opened in the name of the child in a credit institution in the manner established by the legislation of the Republic of Belarus for children who are fully supported by the state.

19. What rights do foster parents have?

Foster parents, in accordance with the Code of Marriage and Family of the Republic of Belarus, in relation to the child (children) adopted for upbringing, have the rights and obligations of a guardian (custodian).

1. The adoptive parent has the right to express his preferences when choosing a child: gender; age; allowable health defects.

2. Return the child to the guardianship authorities before the expiration of the contract if there were problems in the relationship that he cannot solve.

Remarks

entertainment ban

Deprivation of sweets

Refusal to purchase the desired item

Punishment by inaction (stay in the room...)

4. Prevent the manifestation of bad habits in a child.

5. Prevent the manifestation of cruelty, aggression on the part of the child, foul language.

6. Prevent the child from contacting the biological parents if there is a direct negative impact of these meetings.

Seek help and advice on problem situations in the socio-pedagogical Center, guardianship and guardianship authority.

20. What are the responsibilities of adoptive parents?

A foster parent is a person to whom a child (children) who are in the care of guardianship and guardianship authorities on the basis of an employment contract has been transferred for upbringing.

Adoptive parents must:

1. To carry out the physical, mental and moral protection of the child.

2. Provide the child with appropriate living conditions: a separate room or a corner in the room, a separate bed; take care of health.

3. Do not make differences in the upbringing of your children and foster children: do not humiliate the child, do not use measures of physical violence against the child.

4. Explain to the child the temporary nature of staying in this house, not to allow excessive emotional addiction.

5. Instill in the child respect for his family, readiness to return home.

7. Create conditions for the intellectual development of the child, provide training, monitor physical and mental health.

8. Submit regular reports to the guardianship authority and the expenditure of guardianship funds; socio-pedagogical center about the result of the child's stay in the family (achieving the problem) in the prescribed form.

9. Keep a diary of observation of the child.

10. Regularly host a social educator who controls the situation.

11. Collaborate with specialists of the SPC to increase knowledge in matters of raising children.

21. Are biological parents and other relatives allowed to have contact with an adopted child?

Contact of blood parents and other relatives with an adopted child is allowed with the consent of the adoptive parents. In disputable cases, the order of communication between the child, his birth parents, relatives and foster parents is determined by the guardianship and guardianship authorities.

22. What kind of financial assistance do foster parents receive?

The formation of a foster family and the work of foster parents in it is a voluntary and difficult burden and is only partially compensated by the state.

The funds allocated for the maintenance of a foster child on a monthly basis, no later than the 20th day of the previous month, are transferred to credit institutions to the personal accounts of the adoptive parents (parent) or issued according to an expenditure cash order.

The amount of money required for the maintenance of foster children is recalculated taking into account changes in prices for goods and services.

Funds for the maintenance of a foster child are paid to foster parents during the term of the contract, but no later than until the child reaches the age of 18 years.

The terms of remuneration for the work of foster parents and the benefits provided to a foster family, depending on the number of children taken for upbringing, are established by the legislation of the Republic of Belarus.

Foster parents keep records of expenses in writing for the receipt and expenditure of funds allocated for the maintenance of the child (children). Information about the funds spent and the management of the property of a foster child, including living quarters, is submitted annually to the guardianship and guardianship authority in accordance with the current legislation of the Republic of Belarus. Funds saved during the year are not subject to withdrawal.

Property acquired for a foster family at the expense of budgetary funds is accepted for balance by the guardianship and guardianship authority. Adoptive parents are required to ensure the safety of this property. In case of early termination or after the expiration of the term of the employment contract, the issue of the future fate of this property is decided by the guardianship and guardianship authority.
23. What support can foster parents receive?

Foster parents can receive the necessary consultations and psychological and pedagogical support in the regional socio-pedagogical

Center (Brest, Ya. Kupala st. 20/1; tel. 46-17-87)
24. What should I do if I have to return a foster child?

If adoptive parents feel that they cannot cope with raising a child, do not calculate their strength, the family has become uncomfortable and everything is annoying, they need to seek help from a social and pedagogical center. If even after the assistance the situation in the family has not changed, parent-child relations are not normalized, the foster parents must be notified of the child protection authority, which will resolve the issue of the child's life in the prescribed manner.

25. What are the regulatory documents on the organization of foster families?

2. Regulations on the “foster family”, approved by the Decree of the Council of Ministers of the Republic of Belarus No. 1678 of 10/28/1999

3. Order of the Ministry of Education of the Republic of Belarus dated November 24, 1999 No. 701 “On approval of the form of an agreement on the transfer of a child for upbringing to a foster family and a sample certificate issued to foster parents”.

4. Order of the Ministry of Education of the Republic of Belarus dated August 9, 2000 No. 363 "On the organization of work on the creation of foster families."
26. What kind of children are better to take in a foster family?

Child from 1 to 3 years old

Features of appearance are visible, it is possible to assess the state of health of the child, as well as to notice developmental pathologies;

The child is malleable to external influences, it is possible to effectively influence the development of intelligence and character traits;

The child begins to speak, the speech is peculiar and funny;

Moves a lot, interested in others.

Minuses:

- you need to devote a lot of time to caring for a child; there is no time left for yourself and other family members, because the mobile and inquisitive baby takes all the time;

The child is prone to various diseases, colds, infections.

Child from 3 to 7 years old

Pros:

- the child is already independent and independent;

You can define individual character traits, temperament;

His abilities, inclinations and interests are manifested;

He gets sick less often;

He is reasonable, almost not capricious, you can talk to him like an adult, talk on various topics.

Minuses:

- he still remembers certain episodes from his past life, relatives and other people, and, perhaps, these memories left a negative imprint on his consciousness and behavior.

Child 7 to 10 years old

The child is independent and does not require much time for care, he is independent and hardworking;

Visible features of character, behavior, habit, inclination, ability, level of intelligence;

The child really wants to have a good family; I am ready to call any adult who has shown attention to him and taken care of him a parent;

A child can appreciate the desire of adoptive parents to replace his relatives.

Minuses:

- it is difficult to adapt to the peculiarities of behavior, habits, character traits and accept it as it is;

If something is not pleasant, the child shows character.

You need patience, the ability to restrain yourself, not to be irritated to understand that the child, a product of the environment and circumstances, became so not of his own free will, but through the fault of the adults around him.

TEENAGERS brought up in boarding schools are the most difficult contingent for adoption. All the contradictions of their development at this age are aggravated and multiplied. Adults who dare to take such a child into the family need great tolerance, tact, wisdom and respect for his personality, often very far from perfect. They must be prepared for constant psychological tension and remember that a teenager has to experience no less difficulties during this crisis period of development. Of course, much depends on the state of health, the personal qualities of the child, as well as the adoptive parents.

Much depends on the state of health, personal qualities, both of the child himself and of the adoptive parents. It must be remembered that a growing personality can be taught and developed a lot if you try. And some phenomena are simply ignored, taking it for granted.

Usually, children who go into foster care tend to develop remarkably quickly. Simultaneously with the formation of a sense of confidence, with the development of interpersonal relationships, their speech improves significantly, their horizons expand. Some children have such a rapid leap in development that doctors and educators could not even imagine.

27. What should be paid attention to in the first two weeks of a child's stay in a foster family?

Particular attention should be paid to the first meeting with the child. It happens that a child at the first meeting is afraid of men, for a long time he cannot get used to the new dad. This happens if the child has been in children's institutions for a long time, where women work, and men are unusual for the child. Be patient and do not be offended by the child if he prefers one of the family members.

Remember that the easiest way to establish contact with children is through unusual toys, objects, gifts.

In the early days, it is undesirable to invite guests, new people to the house. We do not recommend during this period to abuse trips to visit or often visit unfamiliar places.

In the early days, children are afraid to sleep alone, to stay in a room without adults.

Eliminate harsh and categorical requirements from communicating with your child. It is better to use disciplinary restrictions, punishments, censures later, when the child gets used to new conditions, accepts adults as his relatives. At first, you need to limit the freedom of the child less. Prohibitions during this period are difficult to achieve its location. It is necessary to reckon with the habits of the child, try to feel his condition.

In order for the entry into the family to create less difficulties, at first it is necessary to adhere to the daily routine according to which the child has lived lately.

Listen carefully to all the stories of the child from past experience, this will help you get to know him better, quickly establish contact and trust with him. Inhibiting or not wanting to listen can exacerbate the child's problems. Do not try too hard and intrusively to win over the child to yourself. He needs time to settle in and look around. All normally developed children are very curious. They show particular interest in household appliances, in objects that they have not seen before (they do not leave the phone or TV, try soap, squeeze out paste, pour out mother's perfume, tear books, break fragile objects, toys, climb into forbidden places). The easiest way to avoid trouble and maintain good relations is to put those items that you especially value in secluded places in advance. And leave things useful for the child in a conspicuous place, so that it is convenient to take them.

28. How to build a relationship between an adopted child and relatives?

An adopted child cannot be introduced to all relatives at once. At first, he must be given time to get to know the home environment as much as possible. Gradually, the child becomes a member of the family and the entire family environment. He has his own aunts, uncles, grandparents, cousins, brothers. Sometimes grandparents express their protest against a "strange" child, but the child usually "bribes" them with his immediacy.

29. How to build relationships between foster and own children?

If the family that wants to adopt a foster child has its own children, then they must be prepared before the arrival of the adopted son or daughter. With proper preparation, their own children look forward to the arrival of a new family member.

Foster children, especially in the first period, require great patience, attention, and care from their parents. And it is completely inappropriate in the presence of your children to talk about the shortcomings of an adopted son or daughter, appreciating his imperfections with a sigh. It is important to make your own children your supporters, even partners in helping and caring for adopted children. If native children are sure that their position in the family is strong, that is, they are still loved, their interests will be observed, then they can help parents in many ways. Through the example of their own children, foster children learn how to interact with their parents.
30. How to relate to the memories of a foster child about his blood (biological) parents?

In most cases, children have bad memories of their parents who left them. However, there are children who, with sadness and tears, remember their parents, even those who abandoned them, most often their mother.

If a child in his memories shows a positive attitude towards his mother, then it will be absolutely wrong to correct his views or express displeasure in connection with this. On the contrary, one should be glad that the child's feelings were not dulled, because his mother at least partially satisfied his basic physical and mental needs. You can ignore the child's memories of his family. To possible questions of the child, without remembering his own mother, say that he has a new mother who will take care of him. This explanation, and most importantly a friendly and affectionate approach, can calm the child. After a while, his memories will fade and he will warmly become attached to a new family.

When adults talk to a child about his past, in no case should you speak dismissively about his former family. The child may feel insulted. However, he must clearly know why he could not remain among the former environment, that his upbringing by another family is salvation for him. In a conversation with a child about his past, it is necessary to be resourceful: tell him the whole truth and not offend him, help him understand everything and correctly comprehend. The child must internally agree with reality, only then he will not return to this.

31. Should I send a foster child to a kindergarten?

It is desirable to bring up a foster child under the age of 3 years, because after all the experiences he needs to calm down and get along with his family.

When the child fully adapts to the family, he can attend kindergarten. For children who have not attended kindergarten, this is a critical moment when the child finds himself in a wide social environment. In the interests of the child, parents need to work closely with kindergarten teachers. It is advisable to acquaint them with the fate and previous development of the adopted child, ask them to pay a little more attention to him, adhering to an individual approach.
32. What difficulties may arise when a foster child enters school?

For children who have not attended kindergarten, there is a critical moment at the beginning of school when the child finds himself in a wide social environment. In the interests of the child, parents need to work closely with teachers. It is advisable to acquaint them with the fate and previous development of the adopted child, ask them to pay a little more attention to him, adhering to an individual approach. If the child is observed by a psychologist, then report it, because the psychologist will also need information from teachers.

If the doctor and psychologist who are watching the adopted child advise to send him to school only after a year, then, of course, you should heed this advice. Such a decision will help equalize the lag in the overall development of the child, create conditions for the formation of self-confidence. The child will then be better, without stress to learn school material. If necessary, foster parents should show the child to a speech therapist to completely correct the pronunciation and diction of the child before entering school.
Content (list of issues considered):

What is a foster family? 3

Why do children need foster care? 3

Who can be foster parents? 3

Which children are placed in foster care? 4

How many children can be in a foster family? 4

Where should people who want to adopt a foster child apply? 4

What documents must be submitted by persons wishing to adopt a foster child? 4

What kind of medical examination must pass candidates for adoptive parents? 5

For which diseases of candidates for foster parents is it not allowed to transfer a child to a foster family? 5

What living conditions should a foster family have? 5

Who prepares the opinion on the possibility of being foster parents? 5

From which institutions can candidates for foster parents pick up a child for their family? 6

What kind of training do adoptive parents go through? 6

Who enters into an agreement with foster parents? 6

How long can children stay in a foster family? 6

Is the opinion of the child taken into account when transferring him to a foster family? 6

Why is an individual rehabilitation program for a child in a foster family drawn up? 7

What rights does a child in a foster family have? 7

What rights do adoptive parents have? 7

What are the responsibilities of adoptive parents? 8

Are biological parents and other relatives allowed to come into contact with an adopted child? 9

What kind of financial assistance do foster parents receive? 9

What support can foster parents receive? 9

What to do if you have to return a foster child? 10

What are the regulatory documents on the organization of foster families? 10

What kind of children are better to take in a foster family? 10

What should I pay attention to in the first two weeks of a child's stay in a foster family? eleven

How to build a relationship between an adopted child and relatives? 12

How to build relationships between adopted and own children? 13

How to relate to the memories of a foster child about his blood (biological) parents? 13

Should I send a foster child to kindergarten? 13

What difficulties can arise when a foster child enters school? 14
Literature:
1. Krasnitskaya G.S. Adoption: questions and answers (for specialists of guardianship and guardianship authorities). - M., 1997 - 96 p.

2. Decree of the Council of Ministers of the Republic of Belarus No. 1678 of October 28, 1999 “Regulations on the foster family”.

3. Foster family in questions and answers. Samara, 2001

Page 1

Article 151. Formation of a foster family

1. A foster family is formed on the basis of an agreement on the transfer of a child (children) to be raised in a family.

An agreement on the transfer of a child (children) is concluded between the guardianship and guardianship authority and adoptive parents (spouses or individual citizens who wish to take children to be raised in a family).

A child (children) who has not reached the age of majority is transferred to a foster family for the period stipulated by the specified agreement.

2. The regulation on the foster family is approved by the Government of the Russian Federation.

Article 152

1. An agreement on the transfer of a child (children) for upbringing to a family must provide for the conditions for the maintenance, upbringing and education of the child (children), the rights and obligations of adoptive parents, obligations in relation to the foster family of the guardianship and guardianship body, as well as the grounds for and consequences of the termination of such contracts.

The amount of remuneration for foster parents and the benefits provided to a foster family, depending on the number of children adopted for upbringing, are established by the laws of the constituent entities of the Russian Federation.

2. An agreement on the transfer of a child (children) for upbringing to a family may be terminated ahead of schedule at the initiative of the adoptive parents if there are good reasons (illness, changes in family or property status, lack of understanding with the child (children), conflict relations between children and others), as well as at the initiative of the guardianship and guardianship body in the event of unfavorable conditions for the maintenance, upbringing and education of the child (children) in the foster family, or in the event of the return of the child (children) to the parents, or in the event of the adoption of the child (children).

Article 153. Adoptive parents

1. Adoptive parents may be adults of both sexes, with the exception of:

persons recognized by the court as incapable or partially capable;
persons deprived by court of parental rights or limited by court in parental rights;
dismissed from the duties of a guardian (custodian) for improper performance of the duties assigned to him by law;
former adoptive parents, if canceled by the court through their fault;
persons who, for health reasons (paragraph 1 of Article 127 of this Code) cannot fulfill the duties of raising a child.

2. The selection of adoptive parents is carried out by the guardianship and guardianship authorities, subject to the requirements provided for in paragraph 2 of Article 146 of this Code.

3. Foster parents in relation to the child (children) accepted for upbringing have the rights and obligations of a guardian (custodian).

Article 154

1. A child (children) left without parental care, including those who are in an educational institution, a medical institution, an institution of social protection of the population or another similar institution, is transferred for upbringing in a foster family.

2. Preliminary selection of a child (children) for transfer to a foster family is carried out by persons wishing to accept a child (children) into a family, in agreement with the guardianship and guardianship authority.

Separation of brothers and sisters is not allowed, unless it is in their interests.

3. The transfer of a child (children) to a foster family is carried out taking into account his opinion. A child (children) who has reached the age of ten years can be transferred to a foster family only with his consent.

4. A child (children) transferred to a foster family retains the right to a pension, allowances and other social payments due to him, as well as the right to own a dwelling or the right to use a dwelling; in the absence of a dwelling, he has the right to provide him with a dwelling in accordance with the housing legislation.

A child (children) transferred to a foster family also has the rights provided for in Articles 55-57 of this Code.

Article 155. Maintenance of a child (children) transferred to a foster family

2. The body of guardianship and guardianship is obliged to provide the foster family with the necessary assistance, to contribute to the creation of normal conditions for the life and upbringing of the child (children), and also has the right to exercise control over the fulfillment of the duties assigned to foster parents for the maintenance, upbringing and education of the child (children).

Comment on the article "Family Code.
Chapter 21

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Replacing family relationships with social services. Speech by the RVS expert at the round table on March 11, 2015. on the discussion of the draft law "On social educators" (or foster families) Video: [link-1] code of the Russian Federation regarding the transfer of children to social ...

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When we were children, the very first feeling we experienced was boundless love for our parents. She was so sincere, kind and absolutely selfless. It did not depend on how many gifts they gave us, their cost did not matter to us at all, it was only important that the feeling of love, kindness and tenderness. This is exactly the foundation on which the formation of personality is built, all the details are important here, every brick of this building. It is on the basis of these...

Psychologists state in articles that "during and after a divorce, there should be as few changes as possible in the external conditions of a child's life: he should remain in the same school, in the same team." And I want to transfer my children to a school near my home.. .:/// I never liked that children go to school 3 stops from home, in 2010 we got into a serious accident in the morning with a small one, but the soup was adamant ... And now they go to school on their own, but this year they studied both on the second shift, and in...

I've been researching this topic for a week now. For now, this will come in handy: Adoption Family Code, "Rules for the transfer of children for adoption", approved by Government Decree No. 275, the rules for maintaining a data bank on children deprived of parental care Federal data bank on children to be placed in families: [link-1] Base of min education [link-2] [link-3] Foster parents school. There is a full-time and part-time form. 10 weeks. [link-4] Foster Parent School On...

2 of article 14 of the Family Code of the Russian Federation are relatives in a direct ascending and descending line (parents, children, grandfathers, grandmothers and grandchildren) ...

In accordance with paragraph 1 of Article 54 of the Family Code of the Russian Federation, a child is a person who has not reached the age of eighteen years (majority).

I was told "WHAT YOU CANNOT", this child at the age of 18 will withdraw this money himself. The other day I came across the law of the Family Code, article 60, p, 2, now I will throw off the link ...

The leading accountant (for settlements with accountable persons) answers me that the children under guardianship are not family members (referring to paragraph 1 of article 137 of the Family Code) ...

according to the family code, the child who ro>. according to the family code, a child who is born in a registered marriage and within a certain period after it ...

The right of a child to live and be brought up in a family Name of the document: FAMILY CODE OF THE RUSSIAN FEDERATION (to contents) See also: list of other documents...

According to the current Family Code, the amount of alimony per child is one fourth (25%) of earnings and other types of income (pensions, unemployment benefits ...

Their goal is to expand opportunities for the adoption of children by Russian citizens. First, it is proposed to amend paragraph 4 of Article 124 of the Family Code...

In the Family Code of the Russian Federation, there is only chapter 15 of articles 96 and 97 on this subject, but alas, the exact wording is whether a stepfather living with a child ...

Moreover, a woman can, without the knowledge and consent of her father, change her child's name, surname and patronymic, and finally, the very place of residence! These actions Family Code...

The concept of a foster family. A foster family is one of the forms of placement in a family for raising children left without parental care (clause 1, article 123 of the UK). According to Art. 152 of the UK, a foster family is recognized as guardianship and guardianship of a child or children, which are carried out under an agreement on a foster family concluded between the guardianship and guardianship authority and foster parents or a foster parent, for the period specified in this agreement.
Being one of the family forms of placement of children left without parental care, the foster family has certain specific features.
Firstly, the placement of a child in a foster family is based on a complex legal structure, which includes an act of the guardianship and guardianship body on the appointment of a guardian and trustee who perform their duties for a fee (adoptive parents), and an agreement on a foster family (clause 7 of Art. 145 SC). In this case, the contract acts not only as a legal fact that translates the prescriptions of family law into the plane of a specific legal relationship, but also performs the function of a means of individual legal regulation. This is due to the fact that the content of legal relations in a foster family is predetermined not only by the norms of legal acts, but also by the terms of an individual contract. In the agreement on the foster family, the rights and obligations of the parties, both provided and not provided for by law, are fixed. In particular, adoptive parents may be endowed with additional rights, and additional duties may be assigned to the guardianship and guardianship authorities (for example, the obligation to provide the foster family with a land plot, housing, vehicles, etc.), and vice versa. Thus, when concluding a contract, a specific scope of rights and obligations of participants in legal relations is determined and an individually defined model of their behavior is created.
Secondly, since the agreement on a foster family is urgent, insofar as a foster family is a temporary form of placement for children left without parental care. The foster family is formed for the period stipulated by the contract, but until the children reach the age of majority. Of course, the relationship that has arisen between foster parents and children, as a rule, continues in the future, but they are not of a legal nature.
Thirdly, when a child is transferred to a foster family, he does not lose legal ties with his parents and other relatives. Because of this, foster parents and foster children, unlike adopted children and adoptive parents, are not equated in rights and obligations with relatives by origin, and, as a result, neither maintenance obligations nor hereditary succession arise between them.
Fourthly, adoptive parents carry out their functions for remuneration (clause 1, article 153.1 of the UK). This is the difference in the legal status of adoptive parents, on the one hand, and guardians (custodians), on the other. By virtue of the provisions of paragraph 1 of Art. 36 of the Civil Code of the Russian Federation, the duties of guardianship and guardianship in relation to a child under guardianship (guardianship) are performed by the guardian (trustee) free of charge. In addition, the activities of parents in a foster family are included in the length of service, which is taken into account when calculating a pension.
Fifth, the foster family enjoys various kinds of social support measures determined by the foster family agreement in accordance with the acts adopted by the subjects of the Federation and local governments. In particular, for the maintenance of each child, the foster family is paid funds from the relevant budgets. In this case, financing is carried out on the basis of an agreement by the guardianship and guardianship authorities.
Sixthly, the foster family, like any other family, is not an independent subject of law, it does not recognize the status of a legal entity * (437). This is the fundamental difference between a foster family and family-type orphanages - budgetary educational institutions * (438).
Legal regulation of relations arising in connection with the creation and functioning of a foster family is carried out by acts of various levels. The most important provisions concerning the procedure and conditions for transferring a child to foster care, the specifics of the legal status of foster parents and foster children, are enshrined in Ch. 21 UK (art. 151-153.2). Their development and specification are carried out by the Government of the Russian Federation. Currently, the Regulations on the foster family, approved by the Decree of the Government of the Russian Federation of July 17, 1996 N 829 * (439), are in force. The amount of remuneration due to foster parents, measures of social support provided to a foster family, and some other aspects related to the child's stay in a foster family are regulated by the laws of the subjects of the Federation and acts of local governments.
The provisions of chapter 20 of the UK "Guardianship and guardianship of children", the Civil Code and the Law on Guardianship also apply to relations arising from a foster family agreement.
Conditions and procedure for transferring children to a foster family. Children under the age of 18 who are left without parental care for any reason are transferred to a foster family: orphans; children whose parents are unknown; children whose parents are deprived of parental rights, have limited parental rights, are recognized by a court as incompetent, missing, convicted; children whose parents, for health reasons, cannot personally carry out their upbringing and maintenance; children whose parents avoid raising children and protecting their rights and interests, including when parents refuse to take their children from educational, medical, social service organizations or similar organizations; children whose parents, by their actions or inaction, create conditions that pose a threat to the life or health of children or impede their normal upbringing and development (clause 1, article 121 of the UK, clause 20 of the Regulations on the foster family).
The Family Code does not prescribe the number of children to be accepted into a foster family. However, it is quite obvious that the number of children should be reasonable from the point of view of the possibility of a full-fledged family upbringing in relation to each child. Moreover, as A.M. Nechaev, sick, weakened children with serious defects in mental or physical development * (440) most often end up in a foster family. Therefore, paragraph 2 of the Regulations on the foster family establishes quantitative restrictions: the total number of children in a foster family, including relatives and adopted children, should not exceed, as a rule, eight people.
Adoptive parents can be both spouses and individual citizens of both sexes who are able to raise children and create conditions for their comprehensive development. However, unmarried persons cannot be adoptive parents of the same child. The legislation establishes a list of restrictions established for persons wishing to become foster parents. Among the subjects who are obviously incapable of carrying out family education are: persons recognized by the court as incompetent or with limited capacity; persons deprived by court of parental rights or limited by court in parental rights; suspended from the duties of a guardian (custodian) for improper performance of the duties assigned to him by law; former adoptive parents, if the adoption is canceled by the court due to their fault; persons suffering from chronic alcoholism or drug addiction, and persons who, for health reasons, cannot fulfill the duties of raising a child. The list of such diseases, approved by Decree of the Government of the Russian Federation of May 1, 1996 N 542, is general and is used in the medical examination of adoptive parents, guardians (trustees) and adoptive parents.
Of no small importance are also the moral and other personal qualities of the adoptive parents, their ability to fulfill their duties, the relationship between the foster parent and the child, and the attitude of other members of the foster family towards the child. These circumstances are taken into account by the guardianship and guardianship authorities when selecting foster parents.
The process of organizing a foster family includes two interrelated stages: pre-contractual (organizational) and directly related to the conclusion of an agreement on a foster family.
The organizational and legal prerequisites for the formation of a foster family and the conclusion of an appropriate agreement are as follows. Persons wishing to take a child for upbringing in a foster family submit an application to the guardianship and guardianship authority at their place of residence with a request to give an opinion on the possibility of being foster parents. The application must be accompanied by documents confirming the financial and marital status of potential adoptive parents, the presence of their living quarters, as well as a medical certificate from a medical institution on the state of health of persons wishing to take the child to be raised in a foster family.
In order to prepare a conclusion on the possibility of being foster parents, the guardianship and guardianship body conducts an examination of the living conditions of persons wishing to take a child for upbringing in a foster family, based on the results of which it draws up an appropriate act.
Based on the application and the act of examining the living conditions of persons wishing to take the child to be raised in a foster family, the guardianship and guardianship authority, within 20 days from the date of submission of the application with all the necessary documents, prepares a conclusion on the possibility of becoming foster parents. If it is planned to take a sick child, a child with poor health, developmental disabilities or a disabled child into a foster family, then the conclusion should indicate that the adoptive parents have the necessary conditions for this.
A positive conclusion of the guardianship and guardianship authority on the possibility of being foster parents, valid for one year, is the basis for selecting a child for the purpose of transferring him to a foster family. Preliminary selection of the child is carried out by future adoptive parents in agreement with the guardianship and guardianship authority. The body of guardianship and guardianship provides foster parents with information about a child who can be transferred to a foster family for upbringing, and issues a referral to visit the child at his place of residence or at his location.
An important aspect of the placement of children left without parental care for education in the families of citizens is the psychological and pedagogical training of persons wishing to accept a child into their family. Such training is necessary to reduce the risk of future problems associated with raising children in a new family, including child abuse, harm to their life and health, as well as the return (withdrawal) of children from the family, which in itself is traumatic. circumstance for the child * (441).
When selecting a child from educational, medical, social service organizations and other similar organizations, information about the minor must be provided to potential adoptive parents so that the choice of the child is fully conscious. Complete and reliable information about the child, including the state of his health, physical and mental development, will subsequently allow adoptive parents to choose the most appropriate ways and methods of family education. The means of realizing this right is the obligation of the administration of these institutions to acquaint future adoptive parents with the child's personal file and a medical report on his state of health. At the same time, the administration of the institution is responsible for the accuracy of the information provided about the child.
For a child transferred for foster care, the administration of the institution (or the person who has the child) submits the following documents to the guardianship and guardianship authority: the birth certificate of the child; documents confirming the legal grounds for transferring the child to a foster family (death certificate of the parent(s), a copy of the court decision depriving the parent(s) of parental rights, recognizing the parents as incapacitated, missing or dead, an act confirming that the child was thrown, etc.); conclusion on the state of health, physical and mental development of the child, issued by an expert medical commission in the prescribed manner (clause 13 of the Regulations on the foster family).
When transferring a child to a foster family, a number of conditions must be met. First, the placement of a child in a foster family should be carried out solely in his interests. It is necessary to take into account the ethnic origin of the child, belonging to a certain religion and culture, native language, the possibility of ensuring continuity in upbringing and education (clause 1, article 123 of the UK). It should also be taken into account that the separation of brothers and sisters is not allowed, except when it is in their interests (clause 5, article 145 of the UK). An exception to the general rule will be cases where the child is not aware of the presence of brothers and sisters, or one of them suffers from a disease that prevents him from being transferred to a foster family, etc.
Secondly, since the transfer of a child to a foster family significantly affects his fate, insofar as it should be accompanied by the identification of the opinion of the child himself. Of course, we are talking about a child who has a certain mental maturity and is able to formulate his own views. The opinion of the child should relate to specific adoptive parents. A child who has reached the age of 10 years can be transferred to a foster family only with his consent.
The pre-contractual (organizational) stage ends with the adoption of an act of the guardianship and guardianship body on the appointment of a foster parent. With this moment, the law connects the emergence of rights and obligations for the adoptive parent to represent and protect the rights and legitimate interests of the child (paragraph 3, clause 7, article 145 of the UK).
Upon termination of organizational procedures the direct conclusion of the agreement on a foster family * (442) is made. The procedure and terms for concluding an agreement are determined by the Government of the Russian Federation. In case of unreasonable evasion of the guardianship and guardianship body, which adopted the act on the appointment of a foster parent, from concluding an agreement, the adoptive parent has the right to make demands for compulsion to conclude an agreement.
The foster family agreement must contain information about the child or children being brought up in a foster family (name, age, state of health, physical and mental development), the duration of such an agreement, the conditions for the maintenance, upbringing and education of the child or children, rights and obligations foster parents, the rights and obligations of guardianship and guardianship authorities in relation to foster parents, as well as the grounds and consequences for the termination of such an agreement (clause 1, article 153.1 of the UK).
An exemplary form of an agreement on the transfer of a child to a foster family is given in Appendix No. 1 to the Regulations on the Foster Family. Taking into account the individual characteristics of the child and foster parents, as well as other circumstances that take place when creating a particular foster family, the text of the model agreement may be amended and supplemented as necessary. In particular, in paragraph 4 of Art. 15 of the Law on Guardianship stipulates that in the interests of the ward, the contract may indicate certain actions that the adoptive parent is not entitled to perform, including prohibiting the guardian or trustee from changing the place of residence of the adopted child, and also, in order to take into account the individual characteristics of the personality of the ward, establish mandatory requirements to the exercise of the rights and fulfillment of the duties of adoptive parents, including such requirements that determine the specific conditions for the upbringing of a minor ward.
Rights and obligations of adoptive parents and children. The concluded agreement between foster parents and guardianship and guardianship authorities gives rise to the corresponding rights and obligations of the parties. The rights and obligations of adoptive parents coincide with the rights and obligations of a guardian (custodian) (clause 2, article 153 of the UK). In addition, adoptive parents become the owners of the rights and obligations provided for in each case when concluding the contract.
Foster parents have the right and obligation to raise a child in a foster family on the basis of mutual respect, organizing a common life, leisure, mutual assistance. They have the right to independently determine the ways of raising a child, however, taking into account his opinion and recommendations of the guardianship and guardianship authority.
Foster parents are also responsible for creating the necessary conditions for the child to receive an education. Foster parents have the right to choose an educational institution and the form of education of the child, taking into account the opinion of the child before he receives general education, and are obliged to ensure that the child receives general education (clause 6, article 148.1 of the UK). To this end, parents-educators ensure that the adopted child visits a general educational institution, monitor his progress, and maintain contact with teachers and educators of this institution. If it is impossible for a child to attend a general education institution due to the state of his health, parents shall ensure that the child receives education in the forms established by law and accessible to the child. Caring for the health of the child, his physical, mental, spiritual and moral development, providing care for the child and treatment, systematic presentation to specialist doctors in accordance with medical recommendations and the state of health of the child are the duties of adoptive parents.
Foster parents have the right and duty to protect the rights and interests of the child. The necessary powers of foster parents are confirmed by a certificate issued to foster parents by guardianship and guardianship authorities. Being the legal representatives of the adopted child, the adoptive parents protect his rights and interests, including in court, without special powers.
For the performance of their duties, foster parents acquire the right to remuneration, the amount of which, in accordance with paragraph 2 of Art. 153.1 The UK is determined by the agreement on the foster family in accordance with the laws of the subjects of the Federation. In the subjects of the Federation, various methods have been developed and applied to determine the amount of remuneration for foster parents * (443). In some regions, various wage rates for public sector employees are taken as the basis, in others - the minimum wage, in the third - a fixed amount of money, and the fourth calculate the amount of wages in multiples of the established base amount. The amount of remuneration for adoptive parents is directly dependent on the number of children adopted for education. At the same time, many regional laws establish additional payments for raising a child under the age of three, a disabled child, a child with mental or physical developmental disabilities, or a child with deviant behavior.
The property rights of adoptive parents should also include the right to receive benefits, at the expense of which the maintenance of the adopted child is carried out. In accordance with Art. 12.1 of the Federal Law of May 19, 1995 "On state benefits to citizens with children" * (444) when a child is transferred to a foster family, one of the foster parents is paid a lump sum. If two or more children are placed in a foster family, the allowance is paid for each child. In addition, for the maintenance of each foster child, the foster family is monthly paid money for food, the purchase of clothes, shoes and soft equipment, household items, personal hygiene, games, toys, books, etc. The amount and procedure for paying these funds are determined by the laws of the subjects of the Federation *(445). Foster parents keep records of expenses in writing for the receipt and expenditure of funds allocated for the maintenance of the child (children). Information on the funds spent is submitted annually to the guardianship and guardianship authority. Funds saved during the year are not subject to withdrawal.
Regional legislation also provides for measures of social support provided to the foster family. An approximate list of types of such assistance is contained in the Regulations on the foster family. Specific types of benefits and other property rights granted to a foster family are determined directly by an agreement between foster parents and guardianship and guardianship authorities.
Adopted children have personal and property rights, which in their content coincide with the rights belonging to each child. Among them are the right of a child to live and be brought up in a family, the right to communicate with parents and other relatives, the right to protection, the right to express one's opinion, the right to maintenance and the right to own income and other property (Articles 54-57, 60 UK). At the same time, in paras. 26-28 Regulations on the foster family specifically stipulate the specifics of the implementation of some of these rights. Thus, a child (children) in a foster family has the right to maintain personal contacts with biological parents and relatives, if this does not contradict the interests of the child (children), his normal development and upbringing. Contacts of parents with the child (children) are allowed with the consent of the adoptive parents. In disputable cases, the order of communication between the child (children), his parents, relatives and foster parents is determined by the guardianship and guardianship authorities.
The child (children) transferred (transferred) to a foster family retains the right to the alimony due to him, pension (on the occasion of loss of a breadwinner, disability) and other social payments and compensations, which are transferred in accordance with the legislation of the Russian Federation to accounts opened in the name of child (children) in a banking institution. The child (children) also retains the right of ownership to the dwelling or the right to use the dwelling; in the absence of housing, he has the right to provide him with housing in accordance with housing legislation.
The rights and obligations of adoptive parents in relation to foster children remain valid until the termination of the agreement on the foster family. Paragraph 1 of Art. 153.2 establishes the general rule according to which the foster family agreement is terminated on the grounds provided for by civil law for the termination of obligations, as well as in connection with the termination of guardianship and guardianship. As a rule, the agreement on the transfer of a child to a foster family is terminated due to the expiration of its validity. If necessary, the term of the contract may be extended by agreement of the parties. In any case, the contract terminates when the pupil reaches the age of 18.
At the request of the adoptive parents, the contract can be terminated ahead of time if, for good reason, they can no longer fulfill their obligations. Such a situation may arise, for example, due to illness, changes in family or property status, lack of understanding with the child (children), conflict relations between children and other reasons. Termination of the contract at the initiative of the adoptive parents is also possible in case of failure by the guardianship and guardianship authorities to fulfill their obligations to provide assistance to the foster family.
At the initiative of the guardianship and guardianship authority, the contract may be terminated in cases where unfavorable conditions arise in the foster family for the maintenance, upbringing and education of the child (children), in the event of the return of the child (children) to the parents or in the event of adoption of the child (children).
The decision to terminate the agreement on the foster family is taken by the body of guardianship and guardianship. If the adoptive parents disagree with the decision, it can be challenged in court. If the basis for terminating the foster family agreement was a material breach of the agreement by one of the parties through its fault, the other party has the right to demand compensation for losses caused by the termination of the agreement.

Let's try to find out on the basis of what document a foster family is formed. The problem of protecting the interests and rights of children who have lost the care of their biological parents, as well as orphans, has taken on special significance these days.

There is social orphanhood in the Russian Federation. Most of the children who find themselves in a difficult life situation become social orphans, having both parents.

The UN Convention on the Rights of the Child enshrines their right to live and be brought up in a full-fledged family. The state must provide social protection for a child who is deprived of a family environment, offer him an alternative to a family.

Models of educational activity

Currently, there are three options for raising children who are deprived of traditional care in the family:

• adoption (adoption);
• guardianship (guardianship);
• foster family.

Some of the subjects of the Russian Federation used the rights granted to them, providing for the transfer of children to patronage families.

Adoption (adoption)

Adoption (adoption) of a child is considered the main type of upbringing of children that are left without parental supervision, as well as orphans.

This option is a separate type of education in the family, has an indefinite character. This device is associated with the appearance of a long, often lifelong communication of a child with strangers for him. What is the basis for the formation of a foster family?

Adoption (adoption) is a form of education, as a result of which living conditions are created that are similar to the conditions for the development of native babies.

The essence of creation

The foster family is formed on the basis of the Family Code, as well as the Federal Law regarding guarantees for the protection of children.

Individuals or spouses who wish to take one or more children deprived of parental care into a new foster family are legally considered adoptive parents.

A child who is transferred to a new family is an adopted child.

Grounds for the transfer of children

A foster family is formed on the basis of a decision of the judicial authorities (with the consent of the department of guardianship and guardianship). Children of the following categories are transferred to education in such a family:

• orphans;
• children who officially do not have parents;
• kids whose fathers and mothers are deprived, have lost their rights or are recognized as legally incompetent, have restrictions, are officially convicted;
• children whose mothers and fathers, due to a severe physical illness, are not able to provide proper care and upbringing;
• children who are in medical and preventive, educational institutions, as well as other state organizations of the educational type.

What are the grounds and procedure for the formation of a foster family? In addition to having a court order, potential guardians must meet certain criteria and requirements. Exceptions for recognizing the right of an adult person to act as a guardian are the following situations:

• recognition by the court of a person as partially or completely incapacitated;
• deprivation by court of parental rights or the establishment of restrictions on their full implementation;
• removal of the trustee (guardian) from duties for improper performance of the duties assigned to him by law;
• former adoptive parents, if the cancellation of the adoption was their fault;
• persons who have diseases that do not allow taking one or more children into a foster family.

Important Aspects

A foster family is formed on the basis of a court decision, only then the guardians have certain rights and obligations:

• raise a child taken under guardianship (guardianship);
• take care of his physical health, spiritual, mental, moral development;
• independently select methods for raising a child, taking into account his opinion, as well as the attitude of the guardianship body, observing the requirements of the Family Code of the Russian Federation.

Trustees and guardians may place their wards on a general basis in state educational institutions.

Helpful information

The grounds and procedure for the formation of a new family are determined by the court, but the total number of children in the foster family, including adopted children and relatives, should not exceed 8 people.

A foster family is formed on the basis of a court decision, an agreement is drawn up on the transfer of one (several) kids to be raised in a family. This agreement is concluded between the adoptive parents and the guardianship authority in the prescribed form.

The grounds for transferring a child to a foster family must be legal and comply with the legislation of the Russian Federation. Taking a child under guardianship does not lead to the establishment of hereditary and alimony legal relations between foster children and foster parents, which follow from the legislation of the Russian Federation.

Sequencing

A foster family is formed on the basis of an application from a person who wishes to take on a child. An application is submitted to the guardianship authority at the place of residence, the following documents are attached to it:

• characteristics from the place of work;
• certificate from the place of work indicating the amount of wages, position, certified by the employer in the prescribed manner;
• autobiography;
• a document confirming that a person planning to take a child (several children) into a foster family has housing;
• persons who are officially married must submit a copy of the marriage certificate;
• medical certificate of a medical institution on the state of health of the applicant, who expressed a desire to take a foster family to raise a child.

A foster family arises on the basis of the consent of the guardianship authorities, as well as by decision of the judicial authorities.

An applicant who applies for a child in a family is required to present a civil passport.

In order to prepare a conclusion on the possibility of becoming foster parents, the guardianship and guardianship authority draws up an act based on the results of a survey of the living conditions of the applicant who wishes to take the child (children) under guardianship or guardianship in a foster family.

If there are all grounds for the emergence of a foster family, then 20 days after the official application is submitted, a positive conclusion will be given by the guardianship and guardianship authority.

Helpful information

In the process of preparing the conclusion, the guardianship authority takes into account the personal qualities of those people who decide to take the child into the family for upbringing, their ability to fulfill parental responsibilities, relationships with other family members who live with them.

If the applicant demonstrates a desire to take into the family a child with poor health, a sick baby, a child with serious disabilities in physical development, a disabled person, then the future adoptive parent (guardian or guardian) has the necessary conditions for this.

Any foster family is formed on the basis of the consent of the child, if he has reached the age of ten.

Problems of foster families

Let's consider the main problems of this form of family education of kids who were left without parental care. Not all children who need adoption (adoption) end up in foster families. Practice shows that healthy infants have great chances. Sick children, as well as children who have crossed the threshold of infancy, continue to live in orphanages, or they are adopted by citizens of foreign countries.

Other individual forms of family education - guardianship (guardianship) of patronage and foster families - are of an urgent nature, they are a temporary placement of children who are left without parental care, as well as orphans in a family.

The purpose of the foster family

It makes it possible to provide orphans and children who have lost parental care with the right to be raised in a family. Such families received legislative formalization only after the adoption of the Family Code in the Russian Federation. In Russia, there was a tradition to take orphans to other families to raise orphans. This form was called patronage. It was based on an agreement on the transfer of a child to a foreign family on a voluntary basis. The patronage educator received some kind of remuneration for the fulfillment of the obligations imposed on him.

After 1917, family patronage was not awarded state support, so it ceased to exist. In the second half of the last century, the idea of ​​creating family-type orphanages appeared.

They had some signs of patronage. The modern legal model of the foster family was the result of a synthesis of the traditions of pre-revolutionary Russia in the education of orphans. The foster family is characterized by all the signs of persons who are united by the duties and rights provided for by family law. At the same time, it is considered an independent form of family education of children who are left without parental care, as well as orphans.

It is based on spouses who wished to take other people's children for upbringing. Basically, these are people who care about each other, about loved ones, understand the responsibility for the fate of orphans. The grounds for termination of the foster family agreement are specified in the Family Code of the Russian Federation.

The relationships that exist between foster parents and children become a family model for such a child in the future. That is why it is so important to responsibly select parents for a foster family.

Conclusion

In practice, adoptive parents are spouses who have their own children. Orphans who find themselves in a new family build relationships with other children and with adults from the first days. They feel comfort and family warmth, call adoptive parents dad and mom, find brothers and sisters.

It is important for a child to hear such an appeal to himself as “daughter”, “son”. With such treatment and other signs of attention, the baby's soul thaws, which is necessary for his mental and physical health, and subsequent life.

It is important for every minor child to have a home where he is always welcomed, where he is loved. Normal living and development conditions are able to give the orphan foster parents. In such families, the child receives not only material support, is provided with food and necessary supplies, but also acquires a traditional family upbringing until he reaches the age of majority.

Children get the opportunity to get closer to real life, gain experience in overcoming difficult life situations, behavior under stress, receive psychological protection, a moral and ethical attitude to create their own full-fledged family.

Many citizens have made raising other people's kids their own profession. Those citizens who have adopted foster children receive wages from the state for their work. The purpose of the foster family is to create conditions under which the child would be in a comfortable relationship with foster parents for a long time. Since the foster family is based on a contract, once the child reaches the age of majority, it loses its legal force.

Children under the age of 18 who are left without parental care for any reason are transferred to a foster family: orphans; children whose parents are unknown; children whose parents are deprived of parental rights, have limited parental rights, are recognized by a court as incompetent, missing, convicted; children whose parents, for health reasons, cannot personally carry out their upbringing and maintenance; children whose parents avoid raising children and protecting their rights and interests, including when parents refuse to take their children from educational, medical, social service organizations or similar organizations; children whose parents, by their actions or inaction, create conditions that pose a threat to the life or health of children or impede their normal upbringing and development (clause 1, article 121 of the UK, clause 20 of the Regulations on the foster family).

The Family Code does not prescribe the number of children to be accepted into a foster family. However, it is quite obvious that the number of children should be reasonable from the point of view of the possibility of a full-fledged family upbringing in relation to each child. Moreover, as A.M. Nechaev, sick, weakened children with serious defects in mental or physical development most often end up in a foster family. Civil law: textbook: in 3 vols. T. 3 / E.N. Abramova, N.N. Averchenko, Yu.V. Baigushev [and others]; ed. A.P. Sergeyev. - "RG-Press", 2010. Therefore, in paragraph 2 of the Regulations on the foster family, quantitative restrictions are established: the total number of children in a foster family, including relatives and adopted children, should not exceed, as a rule, eight people.

Adoptive parents can be both spouses and individual citizens of both sexes who are able to raise children and create conditions for their comprehensive development. However, unmarried persons cannot be adoptive parents of the same child. The legislation establishes a list of restrictions established for persons wishing to become foster parents. Among the subjects who are obviously incapable of carrying out family education are: persons recognized by the court as incompetent or with limited capacity; persons deprived by court of parental rights or limited by court in parental rights; suspended from the duties of a guardian (custodian) for improper performance of the duties assigned to him by law; former adoptive parents, if the adoption is canceled by the court due to their fault; persons suffering from chronic alcoholism or drug addiction, and persons who, for health reasons, cannot fulfill the duties of raising a child. The list of such diseases, approved by Decree of the Government of the Russian Federation of May 1, 1996 N 542, is general and is used in the medical examination of adoptive parents, guardians (trustees) and adoptive parents.

Of no small importance are also the moral and other personal qualities of the adoptive parents, their ability to fulfill their duties, the relationship between the foster parent and the child, and the attitude of other members of the foster family towards the child. These circumstances are taken into account by the guardianship and guardianship authorities when selecting foster parents Alekseeva O.G., Zaets L.V., Zvyagintseva L.M. Commentary on the Family Code of the Russian Federation (educational and practical) (under the general editorship of S.A. Stepanov). - "Prospect; Yekaterinburg: Institute of Private Law", 2010.

The process of organizing a foster family includes two interrelated stages: pre-contractual (organizational) and directly related to the conclusion of an agreement on a foster family.

The organizational and legal prerequisites for the formation of a foster family and the conclusion of an appropriate agreement are as follows. Persons wishing to take a child for upbringing in a foster family submit an application to the guardianship and guardianship authority at their place of residence with a request to give an opinion on the possibility of being foster parents. The application must be accompanied by documents confirming the financial and marital status of potential adoptive parents, the presence of their living quarters, as well as a medical certificate from a medical institution on the state of health of persons wishing to take the child to be raised in a foster family.

In order to prepare a conclusion on the possibility of being foster parents, the guardianship and guardianship body conducts an examination of the living conditions of persons wishing to take a child for upbringing in a foster family, based on the results of which it draws up an appropriate act.

Based on the application and the act of examining the living conditions of persons wishing to take the child to be raised in a foster family, the guardianship and guardianship authority, within 20 days from the date of submission of the application with all the necessary documents, prepares a conclusion on the possibility of becoming foster parents. If it is planned to take a sick child, a child with poor health, developmental disabilities or a disabled child into a foster family, then the conclusion should indicate that the adoptive parents have the necessary conditions for this.

A positive conclusion of the guardianship and guardianship authority on the possibility of being foster parents, valid for one year, is the basis for selecting a child for the purpose of transferring him to a foster family. Preliminary selection of the child is carried out by future adoptive parents in agreement with the guardianship and guardianship authority. The body of guardianship and guardianship provides foster parents with information about a child who can be transferred to a foster family for upbringing, and issues a referral to visit the child at his place of residence or at his location.

An important aspect of the placement of children left without parental care for education in the families of citizens is the psychological and pedagogical training of persons wishing to accept a child into their family. Such training is necessary to reduce the risk of future problems associated with raising children in a new family, including child abuse, harm to their life and health, as well as the return (withdrawal) of children from the family, which in itself is traumatic. circumstance for the child Civil law: textbook: in 3 volumes. T. 3 / E.N. Abramova, N.N. Averchenko, Yu.V. Baigushev [and others]; ed. A.P. Sergeyev. - "RG-Press", 2010.

When selecting a child from educational, medical, social service organizations and other similar organizations, information about the minor must be provided to potential adoptive parents so that the choice of the child is fully conscious. Complete and reliable information about the child, including the state of his health, physical and mental development, will subsequently allow adoptive parents to choose the most appropriate ways and methods of family education. The means of realizing this right is the obligation of the administration of these institutions to acquaint future adoptive parents with the child's personal file and a medical report on his state of health. At the same time, the administration of the institution is responsible for the accuracy of the information provided about the child.

For a child transferred for foster care, the administration of the institution (or the person who has the child) submits the following documents to the guardianship and guardianship authority: the birth certificate of the child; documents confirming the legal grounds for transferring the child to a foster family (death certificate of the parent(s), a copy of the court decision depriving the parent(s) of parental rights, recognizing the parents as incapacitated, missing or dead, an act confirming that the child was thrown, etc.); conclusion on the state of health, physical and mental development of the child, issued by an expert medical commission in the prescribed manner (clause 13 of the Regulations on the foster family).

When transferring a child to a foster family, a number of conditions must be met. First, the placement of a child in a foster family should be carried out solely in his interests. It is necessary to take into account the ethnic origin of the child, belonging to a certain religion and culture, native language, the possibility of ensuring continuity in upbringing and education (clause 1, article 123 of the UK). It should also be taken into account that the separation of brothers and sisters is not allowed, except when it is in their interests (clause 5, article 145 of the UK). An exception to the general rule will be cases where the child is not aware of the presence of brothers and sisters, or one of them suffers from a disease that prevents him from being transferred to a foster family, etc.

Secondly, since the transfer of a child to a foster family significantly affects his fate, insofar as it should be accompanied by the identification of the opinion of the child himself. Of course, we are talking about a child who has a certain mental maturity and is able to formulate his own views. The opinion of the child should relate to specific adoptive parents. A child who has reached the age of 10 years can be transferred to a foster family only with his consent.

The pre-contractual (organizational) stage ends with the adoption of an act of the guardianship and guardianship body on the appointment of a foster parent. With this moment, the law connects the emergence of rights and obligations for the adoptive parent to represent and protect the rights and legitimate interests of the child (paragraph 3, clause 7, article 145 of the UK).

Upon completion of organizational procedures, a direct conclusion of an agreement on a foster family is made. Civil law: textbook: in 3 volumes. T. 3 / E.N. Abramova, N.N. Averchenko, Yu.V. Baigushev [and others]; ed. A.P. Sergeyev. - "RG-Press", 2010. The procedure and terms for concluding an agreement are determined by the Government of the Russian Federation. In case of unreasonable evasion of the guardianship and guardianship body, which adopted the act on the appointment of a foster parent, from concluding an agreement, the adoptive parent has the right to make demands for compulsion to conclude an agreement.

The foster family agreement must contain information about the child or children being brought up in a foster family (name, age, state of health, physical and mental development), the duration of such an agreement, the conditions for the maintenance, upbringing and education of the child or children, rights and obligations foster parents, the rights and obligations of guardianship and guardianship authorities in relation to foster parents, as well as the grounds and consequences for the termination of such an agreement (clause 1, article 153.1 of the UK).

An exemplary form of an agreement on the transfer of a child to a foster family is given in Appendix No. 1 to the Regulations on the Foster Family. Taking into account the individual characteristics of the child and foster parents, as well as other circumstances that take place when creating a particular foster family, the text of the model agreement may be amended and supplemented as necessary. In particular, in paragraph 4 of Art. 15 of the Law on Guardianship stipulates that in the interests of the ward, the contract may indicate certain actions that the adoptive parent is not entitled to perform, including prohibiting the guardian or trustee from changing the place of residence of the adopted child, and also, in order to take into account the individual characteristics of the personality of the ward, establish mandatory requirements to the exercise of the rights and fulfillment of the obligations of adoptive parents, including such requirements that determine the specific conditions for the upbringing of a minor ward Akhmetyanova Z.A., Kovalkova E.Yu., Nizamieva O.N. and others. Commentary on the Family Code of the Russian Federation (item-by-article) (editor-in-chief Nizamieva O.N.). - "Prospect", 2010.