Legislation and the foster family. What is a foster family

For a number of reasons, today many children are left without parental care and love. The shelter staff does everything to make the kids feel safe. But no one can replace mom and dad. Adopting children is a great alternative. Little members of society are cared for, and adults can feel the joy of parenthood.

What is a foster family?

One of the most common orphans is the foster family. This is an opportunity for children to feel like full-fledged people and grow up in care and affection. Parents make out only. There is no need to adopt orphans. Depending on the size of the living space and living conditions, you can take in a family from 1 to 4 children. The pupil lives with foster parents until the age of 18.

Family-type orphanages are also common today. This is a slightly different form of custody. Parents receive appropriate payments for the upbringing and maintenance of orphans. In this case, you can take more than 10 children of any age. Kids know that they live in a foster family. Despite this, they receive the same care as other children from their parents.

The foster family is constantly under the supervision of social services. Parents act according to the planned plan. Orphans most often end up in families with certain psychological problems. Foster parents, together with psychologists, do everything to make the child adapt to new conditions.

Features of the foster family

First of all, it is worth remembering that an adopted child in a family has the status of an orphan (as opposed to the adoption procedure). This means that all state benefits and payments remain. Social services can regularly offer vouchers to sanatoriums and recreation centers. In addition, monthly pensions are paid to orphans. Children can stay in the family until the age of majority or until they graduate from a higher educational institution. Further, they are provided with a workplace and a hostel. Children in a foster family come only for a certain period of life. Despite this, foster parents often have a warm relationship with their wards. Many orphans remain to live in the family even at an older age.

The foster family has many responsibilities to the state. Parents receive payments for worthy maintenance and upbringing of children. Adults who choose to take care of orphans need to be trained accordingly. In the future, every 2 years you will have to take retraining courses.

The status of "orphan" is preserved?

A foster family is an opportunity to raise children in a narrower circle. Adults (a man and a woman) who decided to take the kids under guardianship act as teachers. But we are not talking about adoption. Children always have the opportunity to communicate with their biological parents if they wish. Very often, babies become orphans with living relatives. Adults who lead the wrong way of life, do not properly care for the child, are deprived of parental rights. The baby is taken to an orphanage. Communication with relatives can stop only if the child is adopted.

Although the foster family cannot forbid contact with blood relatives, meetings with biological parents can be strictly supervised. If possible, such meetings should be avoided. Communication with relatives can be a real trauma for a child. And the psychological health of foster kids should come first.

Is adoption possible?

A foster family is a temporary form of placement for children. The child knows that the parents are not relatives. The most difficult thing is that the baby can be adopted by another family without consent. As soon as there are people who are going to adopt the baby, he can be removed from the register of the foster family.

Children quickly become attached to their other people can be a serious psychological trauma for the child. Fortunately, toddlers at a reasonable age are rarely chosen for adoption. Most often, these are babies up to a year old, who are still little attached to their guardians and quickly adapt to new conditions.

Who can become foster parents?

Education in a foster family can be carried out by adults whose family member exceeds the subsistence level established by law. A man and a woman who are not married cannot be guardians of the same child. The health of people who want to create a foster family is of great importance. Before processing the documents, you must undergo a complete medical examination. People who are registered in a narcological or tuberculosis dispensary cannot accept children.

People who have previously been convicted or deprived of parental rights also cannot create a foster family. The same rule applies to former adoptive parents if the child was returned to the shelter through their fault. If adults meet all the criteria, they should receive appropriate training. The foster family should become a real rear for a child deprived of parental attention.

School education for foster parents

The Foster Parent School is a preparatory stage that enables people to understand whether they can properly raise a non-native child. The program for all such schools is the same. It is approved by the Ministry of Health. During the training, future parents will be informed about the peculiarities of raising kids from orphanages, learn their needs. During training, 20% of adults give up on the idea of creating a foster family. And there is nothing wrong with that. Only people who are confident in their abilities can bring up a worthy citizen. If there is no such confidence, it is not worth starting.

Psychologists work with future parents during training. Adults have many fears associated with future guardianship. Many are afraid that an adopted child in the family will inherit the negative character traits of blood relatives. There is such a possibility, of course. But the right upbringing is very important. If you direct the energy of the baby in the right direction, he will grow up as a full-fledged member of society. In addition, everyone knows that children copy the behavior of adults. It is worth setting a positive example for a small person. And then all the negative traits of character will come to naught.

How to create a foster family?

A foster family is a very serious step. Those who decide on it, initially need to come to the city and write a corresponding application. Next, you will have to collect a package of documents, which will include parents' passports, identification numbers, marriage certificates, health certificates of family members, and a certificate of family composition. Copies of all these documents will also need to be provided.

School education for foster parents is a prerequisite. Appropriate training can also be taken at the regional center of social services. After training, parents have the opportunity to pass the Board of Trustees. It is here that the decision is made whether the spouses are suitable for creating a foster family. If all is well, the adoptive parents can choose children to raise (from 1 to 4, depending on the decision of the Board of Trustees). Within a few days, the final legal stage of paperwork is carried out.

Social support

The state undertakes to constantly provide social support to foster families. Each family is assigned an appropriate employee who regularly visits the family and communicates with the children. This makes it possible to understand whether the adopted child feels good in the family, whether he receives the necessary care and attention from adults. Psychological support is provided to parents and children. There is always an opportunity to seek qualified help.

Once every two years, foster parents, families with adopted children take courses to increase the educational potential of adults. Specialists in psychology, pedagogy, and medicine are involved in the training. Parents should not only surround the kids with love and affection, but also know how to behave correctly in a given situation, how to provide first aid.

Parents who have adopted an HIV-infected child deserve special attention. Such children can be placed in a foster family only with the consent of adults. At least once a year, you will have to undergo training in caring for sick babies. For the upbringing of HIV-infected children, additional benefits are provided to foster families.

Responsibilities of adoptive parents

Foster parents act as legal representatives of children in organizations and enterprises. Adults are responsible for the life and health of adopted babies. The mental and physical development of children in foster families also falls on the shoulders of adults. A man and a woman who decide to create a foster family must do everything so that the child becomes a full-fledged member of society. The kid goes to study in a secondary educational school. Parents make sure that there are all conditions for normal mental development.

Foster parents have the right to apply pedagogical methods of education, punish the child for disobedience, and encourage him. Methods of education are necessarily discussed with social workers. What absolutely cannot be done is to raise a hand against foster children, even for educational purposes.

Rights and obligations of children in foster families

For children deprived of parental care, when they get into a foster family, all state guarantees and benefits are fully preserved. They have the opportunity to receive alimony and pensions that were previously assigned. Foster parents can receive financial assistance for children. Social services make sure that this money goes to meet the needs of children. For the normal development of orphans, a foster family has been created. Payments can be transferred to an account opened by guardians in a bank.

Children from foster families have the right to meet with blood relatives, unless prohibited by the court. But this is rarely practiced. Most often, babies end up in shelters whose mother and father have died or have been deprived of parental rights.

Adaptation of a child in a foster family

Most parents take care of small children who easily adapt to new conditions. With an adult child, the situation may be somewhat different. In the early days, a new family member may be quiet and obedient in everything. It takes no more than a week and the child stops listening to his new parents. It is important to immediately show who is the boss in the house. No need to be afraid to make a remark to a new family member.

The adaptation of babies in foster families usually takes several months. If the child has reached school age, it is better to take him into the family at the beginning of the summer holidays. At this time, adults will be able to spend more time with a new family member, they will be able to make it clear to him that they will not offend anyone here.

Payments and benefits

The foster family (2014) is fully provided financially by the state. Parents receive an allowance equal to three times the minimum wage for each child. The time spent by the baby in the family is included in the total length of service. This means that foster parents can also count on a decent pension.

Children in the family have the status of orphans. They also receive appropriate benefits. Foster parents can manage the money in the interests of the child.

The foster family has many benefits. Payments in 2014 make it possible to fully provide the child with clothing and food. Additionally, children can be offered vouchers to health resorts and rest homes.

Summing up

A foster family can be a great alternative to adoption. Children with the status of "orphans" will always be dressed and shod, parents will be able to surround them with attention and care. But before creating a foster family, you should think a few times. The goal should not be income from the state, but the desire to educate full-fledged members of society who, for a number of reasons, were deprived of the love of their parents.

The number of kids who were left without the care and love of their parents in Russia is large. To help such children, special state programs are being developed. With their help, childless couples and children from shelters have a chance to become happy.

In accordance with the legislation of Russia, the transfer of a child occurs in different ways - it can be guardianship, adoption, as well as a foster family. The last form arose a little over 10 years ago, and many do not quite understand its essence. The indisputable advantage of a foster family is its accessibility to ordinary citizens. Compared to adoption, the conditions under which a child is allowed to be adopted are not too strict.

The concept of a foster family and legislative regulation

A foster family is a special form of placement of orphans and children who are left without the care of their father and mother. In accordance with the Family Code, both married couples and single citizens are allowed to take responsibility for raising children.

Foster family and adoption are different ways to place a minor in a family. During adoption, family ties are established between parents and the child, in the first case there are none. Parents do not have the right to change the last name, first name or date of birth of an adopted orphan, but the status is retained behind him, that is, all payments and benefits due to orphans. For foster children, vouchers to sanatoriums and recreation centers are provided. In addition, every month the adopted child receives a pension.

Adopted children may stay with the family until they reach adulthood or graduate from school. After that, young people will be offered a job and a room in a hostel. Unlike adoption, children stay in foster families only for a while, after which they lead an independent lifestyle. Sometimes relations between the parties develop positively, and orphans remain to live with foster parents even at an older age.

The guardianship authority pays attention to the trustworthiness and decency of the foster family. This takes into account the health of the adoptive father and mother, the amount of their total income and living conditions (apartment, house, dorm room). No more than 8 children are allowed to be taken into custody, but there are exceptions.

Before the transfer of the baby to foster parents, an agreement is concluded between them and the guardianship and guardianship authority for a certain period, which regulates the interaction of the parties from the point of view of law. The creation and functioning of a foster family is regulated by the following legislative acts:

Family Code of the Russian Federation (Articles 152 and 153);
"Regulations on the foster family", approved. Decree of the Government of the Russian Federation No. 829 dated July 17, 1996 No.

Art. 152 of the Family Code defines a foster family:

Article 152. Foster family

(as amended by Federal Law No. 49-FZ of April 24, 2008)

The foster family is the guardianship or 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 the adoptive parents or foster parent, for the period specified in this agreement.
The provisions of Chapter 20 of this Code shall apply to relations arising from a foster family agreement. To the relations arising from the agreement on the foster family, in the part not regulated by this Code, the rules of civil law on the provision of services for compensation are applied insofar as this does not contradict the essence of such relations.
The procedure for creating a foster family and exercising control over the living conditions and upbringing of a child or children in a foster family is determined by the Government of the Russian Federation.

Art. 153 contains the criteria for selecting future parents, the content of the contract to be concluded and the procedure for terminating it. The regulation on the foster family describes in detail the procedure for its creation, the material support of the child adopted for upbringing, and the relationship between the family and the guardianship authorities.

Differences between a foster family and guardianship

Guardianship is a form of raising children under 14 years of age. Adolescents older than the specified age are under guardianship. The right of registration of guardianship is primarily granted to relatives of a minor.

The right of a child to be raised in a family is respected regardless of whether he has adoptive parents or he grows up in a foster family. The guardian takes care of the child free of charge, often this responsibility is assumed by his blood relatives.

Children who cannot be adopted or placed under the care of close people get into foster families. For the upbringing of the child, foster parents receive a monetary reward.

Which option is best for the child? There is no single answer. His happiness and comfort does not depend on the form of upbringing, but on the love and care of people who have taken responsibility.

Adoptive Parent Selection Criteria

The main requirements for adoptive parents are a sincere desire to raise a child, adulthood and legal capacity. There are no restrictions for foreign citizens - they have the opportunity to become foster parents of orphans. Reasons for refusal to obtain the status of a foster family:

lack of permanent work;
extinguished or outstanding conviction of one of the applicants;
illness of any of the applicants (AIDS, tuberculosis, hepatitis C);
lack of real estate that can be disposed of;
the incapacity of the applicant, established by the court.

The procedure for registering a child in a foster family and the necessary documents

Parents who decide to adopt a child should contact the guardianship and guardianship authority. The public service will provide applications to fill out, after which they will be sent to training to obtain the status of adoptive parents. Taking the course is a must. They will provide applicants with valuable information on how to quickly find an approach to the child and overcome the difficulties that have arisen. You do not need to pay for the training course, and after completing it, students receive certificates.

List of required documents:

certificate from the place of residence about the composition of the family;
copies of passports;
a document confirming the ownership of real estate;
certificates from the personnel department about official employment;
original marriage certificate (if any);
certificates of average wages;
written consent of all family members to receive the status;
health certificates;
applicants' CVs;
certificates from law enforcement agencies about the absence of a criminal record;
certificate of completion of training.

After submitting the documents, the representatives of the guardianship will consider the application, and within 3 weeks, the applicants will receive a written decision with confirmation or refusal. During this time, an inspection of housing conditions will be carried out, on the basis of which an act will be drawn up.

In the event of an unjustified refusal, the applicants may appeal the decision in court. If the family received a favorable verdict, the next step is to get to know the child and conclude an agreement. Initially, parents will receive a referral for an acquaintance. If contact could not be established, a second referral is issued to meet with another child. After the consent of the applicants, the contract is signed. It contains the following items:

living conditions, maintenance and education of the child;
the period of the contract;
rights and obligations of parents;
rights and obligations of the guardianship authority;
conditions for early termination of the contract.

Responsibilities of adoptive parents

The decision to become foster parents cannot be based on an emotional outburst and momentary desire. Such a step should be conscious, because adults will bear all the responsibility for a small family member.

Foster parents should not ignore the obligations specified in the contract, otherwise this will serve as a basis for its termination. The obligations of parents in a foster family are described in Article 148.1 of the Family Code of the Russian Federation. In particular, these are duties such as:

raising a child, taking care of his health, as well as physical, mental, spiritual and moral development;
provision with everything necessary (food, clothing, personal hygiene items, etc.);
creating a favorable psychological atmosphere in the family;
assistance in learning in accordance with the educational program;
protection of the rights and interests of the child, if circumstances so require.

Support programs for orphans in foster and guardian families

With regard to orphans left without parental care and transferred to a foster family, under guardianship or guardianship, measures of material, social, educational and other support are established in accordance with the programs of the national and regional levels:

On August 21 and 28, 2018, at the meetings of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation, two cassation appeals were considered by guardians, residents of Moscow P. and K., who were denied by the regional departments of social protection of the population of the city of Moscow to conclude agreements on a foster family in relation to children under their care, left without parental care, adopted for upbringing in a family from other regions and not having registration at the place of residence in the city of Moscow.

P., living at the place of residence in Moscow, since 2016 has been the guardian of the ward of Elizabeth D., born in 2003, in accordance with the decision of the authorized body of guardianship and guardianship of the Chelyabinsk region. The minor is registered in the guardian's apartment at the place of stay.

By order of the OSZN of the Begovaya district of the SAO of Moscow dated November 1, 2016, guardian P. was denied the conclusion of an agreement on a foster family in relation to the ward of Elizabeth D. due to the fact that the city of Moscow, in the opinion of the management of the OSZN of the Begovoy district, is not the place of residence of a minor.

In addition, the OSZN of the Begovaya district refused to assign P. a monthly compensation payment for the care of a ward - a disabled child D., provided from the budget of the city of Moscow on the basis of paragraph 3 of part 1 of article 7 and article 9 of the Law of the city of Moscow dated November 23, 2005 No. 60 "On social support for families with children in the city of Moscow".

By the decision of the Timiryazevsky District Court of Moscow, upheld by the Judicial Collegium for Civil Cases of the Moscow City Court, P.'s claims against the USZN SAO of Moscow to challenge the decisions to refuse to conclude an agreement on a foster family in relation to the ward of Elizabeth D. and to refuse to assign a monthly compensation payment for the care of the ward, who is a disabled child, were denied.

By the decision of the Supreme Court of the Russian Federation of August 21, 2018, the judgments of the Timiryazevsky District Court of Moscow and the appellate instance of the Moscow City Court in the case of P. were canceled, the case was sent for a new trial to the court of first instance.

K., residing at the place of residence in Moscow, since 2016 has been the guardian of minors left without parental care, twin brothers Ilya and Daniel Z., born in 2010, in accordance with the decision of the authorized body of guardianship and guardianship of the Moscow region. Wards are registered at the area of the guardian at the place of stay.

By order of the OSZN of the Solntsevo district of the Closed Joint-Stock Company of Moscow dated December 2, 2016, guardian K. was denied the conclusion of an agreement on a foster family in relation to the wards of Ilya and Daniil Z. due to the fact that, according to the management of the OSZN of the Solntsevo district, the city of Moscow is not a place of residence for minors.

By the decision of the Nikulinsky District Court of Moscow, upheld by the Judicial Collegium for Civil Cases of the Moscow City Court, K.'s claims against the USZN CJSC of Moscow to challenge the decision to refuse to conclude an agreement on a foster family in relation to the wards of Ilya and Daniil Z. were denied.

By the decision of the Supreme Court of the Russian Federation of August 28, 2018, the court decisions of the Nikulinsky District Court of Moscow and the appellate instance of the Moscow City Court in the case of K. were canceled, the case was sent for a new trial to the court of first instance.

The main conclusions of the Supreme Court of the Russian Federation on these cases:

1. Issues of creating a foster family the provisions of the Family Code of the Russian Federation, Federal Law No. 48-FZ of April 24, 2008 “On Custody and Custody”, the Rules for creating a foster family and monitoring the living conditions and upbringing of a child (children) in a foster family, approved by Decree of the Government of the Russian Federation of May 18, 2009 No. 423 “On Certain Issues of Guardianship and Guardianship in Respect of Underage Citizens”, are directly related to the competence of the Russian Federation. The powers of the city of Moscow include only the determination of the procedure and amount of state support for foster families in the event that they conclude agreements with them on a foster family in accordance with federal law (Articles 20, 21 of the Law of the City of Moscow dated April 14, 2010 No. 12 "On the organization of guardianship, guardianship and patronage in the city of Moscow").

Federal legislation does not provide for any grounds for refusing to conclude an agreement on a foster family in relation to orphans and children left without parental care, due to the fact that guardianship or guardianship over them is established by acts of other constituent entities of the Russian Federation, and who are registered at the place of residence in other regions.

The decision of the guardianship and guardianship authorities on the choice of the form of placement of children left without parental care cannot be arbitrary and selective, have preferences or restrictions that are not established by the norms of the law. The form of placement of children left without parental care is chosen based on their interests.

The federal legislation and regulatory legal acts of the city of Moscow do not establish grounds for refusing a guardian (custodian) to conclude an agreement on a foster family if he complies with the requirements of paragraph 10 of the Rules for creating a foster family and exercising control over the living conditions and raising a child (children) in a foster family, approved by Decree of the Government of the Russian Federation dated 18.05.2009 No. transfer for the upbringing of a specific child under an agreement on a foster family of an act of the guardianship and guardianship body on the appointment of the specified person as the guardian or trustee of this child.

2. In accordance with Article 20 of the Civil Code of the Russian Federation, the place of residence is the place where a citizen permanently or predominantly resides (clause 1). The place of residence of minors under fourteen years of age, or citizens under guardianship, is the place of residence of their legal representatives - parents, adoptive parents or guardians (paragraph 2).

Based on the provisions of Art. 20 of the Civil Code of the Russian Federation, a citizen cannot have more than one place of residence.

According to paragraph 2 of Article 36 of the Civil Code of the Russian Federation, guardians and trustees of minors are required to live together with their wards. Separate residence of a trustee with a ward who has reached sixteen years of age is allowed with the permission of the guardianship and guardianship body, provided that this does not adversely affect the upbringing and protection of the rights and interests of the ward. Guardians and custodians are obliged to notify the guardianship and guardianship authorities about the change of residence.

By virtue of paragraph 1 of Article 148 of the RF IC, those under guardianship (trusteeship) have, among other things, the right to be brought up in the family of a guardian (trustee), care by the guardian (trustee), cohabitation with him, except for the cases provided for in paragraph 2 of Article 36 of the Civil Code of the Russian Federation.

These rules of law enshrine the right of wards to live with a guardian (trustee), and the duty of a guardian (trustee) to live together with his ward.

It follows from this that the guardian (custodian) and his ward of minors throughout the entire period of guardianship (trusteeship) have a joint place of residence, with the exception of cases provided for in paragraph 2 of Article 36 of the Civil Code of the Russian Federation.

By virtue of the provisions of paragraph three of clause 1 of Article 34 of the Civil Code of the Russian Federation, the powers of the body of guardianship and guardianship in relation to the ward are assigned to the body that established guardianship or guardianship.

When the place of residence of the ward changes, the powers of the body of guardianship and guardianship are assigned to the body of guardianship and guardianship at the new place of residence of the ward in the manner prescribed by the Federal Law "On Guardianship and Guardianship".

Paragraphs 2, 3 of Article 9 of the Federal Law of April 24, 2008 No. 48-FZ “On Guardianship and Guardianship” established that when the place of residence of the ward changes place of residence, the guardianship and guardianship body that established guardianship or guardianship is obliged to send the case of the ward to the guardianship and guardianship authority at his new place of residence within three days from the date of receipt from the guardian or trustee of the notice of the change of residence under furnace. The powers of the body of guardianship and guardianship at the new place of residence of the ward are assigned to this body of guardianship and guardianship from the date of receipt of the personal file of the ward.

Thus, the place of residence of children in care is also determined by the circumstance which body of guardianship and guardianship exercises its powers in relation to these children.

Those. from the moment the wards are registered with the guardianship and guardianship authority of the city of Moscow, the powers in relation to the wards are exercised by this guardianship and guardianship authority (keeping the personal file of the ward, checking his living conditions, supervising the implementation by the guardian (trustee) of his duties).

Therefore, from the systemic application of the above legal norms, it follows that, by virtue of Art. 20, paragraph 3 of Art. 34 of the Civil Code of the Russian Federation, art. 9 of the Federal Law of April 24, 2008 No. 48-FZ “On Guardianship and Custody”, the rules approved by the Decree of the Government of the Russian Federation of May 18, 2009 No. 423, from the moment the ward is registered with the relevant guardianship and guardianship authority, the place of residence of the ward is a residential building located on the territory falling within the competence of this guardianship and guardianship authority.

In addition, the Supreme Court of the Russian Federation agreed with the argument that funds were assigned and paid monthly for the maintenance of the wards P. and K. in accordance with the Law of the City of Moscow dated December 15, 2004 No. 87 “On the procedure and amount of payment of funds for the maintenance of children under guardianship (guardianship)”.

According to part 1 of article 1 of this Law, guardians (custodians) are paid monthly funds for the maintenance of children under guardianship (guardianship), whose place of residence is the city of Moscow.

Having appointed the payment of the indicated funds for the maintenance of the wards P. and K., the authorized executive bodies of the city of Moscow in the field of guardianship, guardianship and patronage established that their place of residence was the city of Moscow.

Legal support of the cases and representation of the interests of the guardians P. and K. in all court instances was carried out by the lawyers of the Center "Complicity in Fate" Alina Selikhanova and Alexander Nikolaev, the head of the organization Alexei Golovan.

From February to August 2018, at the meetings of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation, 10 cases have already been considered concerning unlawful refusals by the social protection authorities of the population of Moscow to provide social support measures in relation to wards adopted by residents of Moscow from other regions for education in a family, and to conclude agreements on a foster family in relation to such wards.

Eight of these cases are accompanied by the Complicity in Fate Center.

The Center has developed a legal position on these categories of cases (about the place of residence of the wards and the inadmissibility of refusals to conclude agreements on a foster family).

In addition, two cases on contesting the decisions of the social protection authorities of the population of Moscow on the refusal to conclude agreements on a foster family were considered in June-July of this year. Presidium of the Moscow City Court. Illegal judicial acts of the courts of the first and appellate instances were canceled, the cases were sent for a new trial to the court of the first instance.

These circumstances indicate that a stable legal position of the Supreme Court of the Russian Federation on this category of cases has developed, which will allow to achieve predictable court decisions on similar claims.

The activities of the Center for the Protection of the Housing Rights of Orphans are carried out within the framework of the project “Effective legal assistance, protection of rights and guarantee for social support for orphans and children left without parental care, persons from among them”, which is implemented using a grant from the President of the Russian Federation for the development of civil society provided by the Presidential Grants Fund.

This Regulation determines the procedure for transferring children left without parental care to foster care, as well as monitoring the living conditions and education of children in foster families.

1. Basic concepts used in this Regulation:

a foster family is formed on the basis of the Agreement on the transfer of a child (children) for upbringing to a family (hereinafter referred to as the Agreement) and is formed at the request of citizens (spouses or an individual) who voluntarily take children for upbringing and living together in a family in accordance with the requirements established by this Regulation;

foster child - a child (children) transferred for upbringing to a foster family;

conclusion on the possibility of being foster parents - a document issued by the territorial subdivision of the authorized state body for the protection of children, for registering applicants as candidates for foster parents;

applicant(s) - a person(s) wishing to take on the upbringing of children who has applied to the territorial subdivision of the authorized state body for the protection of children about the desire to become a foster parent;

candidate for foster parents - an applicant who meets the requirements established by this Regulation, entered in the State Data Bank on children left without parental care, as a candidate for foster parents;

territorial subdivision of the authorized state body for the protection of children (hereinafter referred to as the territorial subdivision) - the body competent in implementing the norms of this Regulation on the selection of adoptive parents, concluding agreements with foster parents, monitoring their activities and protecting the interests of the child;

the state body for the protection of children authorized by the Government of the Kyrgyz Republic - a body in whose competence are issues of social protection of children, the development of the institution of foster families and in whose departmental subordination are territorial divisions.

2. Types of placement of children for upbringing in a foster family:

Emergency device - for a period of several hours to one day, if the child is in danger or abandoned (abandoned) by the parents;

Short-term device - for up to one month;

Medium-term device - for up to six months;

Long-term device - for a period of more than six months;

Periodic device - for several days, for weekends, for holidays.

3. The transfer of children for upbringing in a foster family for a long-term period is carried out if it is impossible to transfer them for adoption or under guardianship (guardianship).

4. Up to 3 children under the age of 16 can be taken into foster care. At the same time, the total number of minor children, including relatives, adopted children and wards, should not exceed 5 children.

5. Evaluation, training, approval, support and support of foster families is carried out by territorial divisions. Organizations, regardless of the form of ownership, independent specialists can also be involved.

6. An agreement on the transfer of a child (children) is concluded between the territorial divisions and the adoptive parents at the place of residence (location) of the adoptive parents.

7. Foster parents (parents) may be citizens of the Kyrgyz Republic of both sexes, with the exception of persons who cannot be foster parents in accordance with the Family Code of the Kyrgyz Republic and the Code of the Kyrgyz Republic on Children.

8. The following are transferred to the foster family:

Orphans;

Children whose parents are deprived of parental rights, have limited parental rights, are recognized by a court as incompetent, missing, convicted;

Children urgently removed from families where there is a threat to their life, mental and physical health (children subjected to physical, sexual and psychological violence);

Children whose parents, for health reasons, cannot personally carry out their upbringing and maintenance, as well as children left without parental care, who are in educational, medical and preventive institutions, institutions of social protection of the population or other similar institutions;

Children under 3 years old with a mother under 18 years old;

Children with disabilities.

9. The transfer of a child under 3 years of age to be raised in a foster family is allowed in the event of complete unemployment of one of the spouses or a person who wants to take the child (children) for upbringing.

10. Children who are related to each other are transferred to the same foster family, unless it is in their interests (for medical reasons or other reasons, they cannot be brought up together).

11. The transfer of a child (children) who has reached 10 years of age to a foster family is carried out taking into account his opinion and in the interests of the child.

When transferring a child (children) to a foster family, it is mandatory to take into account his (their) ethnic origin, belonging to a particular religion and culture, mother tongue, continuity of the place of residence, education, places of leisure and membership in children's associations.

12. The transfer of a child (children) to a foster family is carried out on the basis of an assessment of the needs of the child and includes an assessment of the needs in health, education, social relations; the level of emotional and behavioral development, self-service skills, as well as taking into account the requirements established by paragraph 11 of this Regulation.

August 4, 2014 No. 439 )

13. An assessment of the needs of the child is carried out within 10 calendar days before the transfer of the child to foster care.

The assessment of the needs of the child is reviewed regularly (at least once every two months) throughout the entire period of the child's stay in foster care, as well as immediately after unforeseen situations in the child's life.

The results of the assessment of the child form the basis of the Action Plan for the provision of care to the child (hereinafter referred to as the Plan) and are the basis of the Agreement on the transfer of the child to foster care.

(As amended by the Decree of the Government of the Kyrgyz Republic dated August 4, 2014 No. 439 )

14. A written Plan is drawn up for a child who is being brought up in a foster family.

The plan and related activities are drawn up by the territorial unit together with the adoptive parents, based on the results of an assessment carried out before the placement of the child.

The plan is agreed with the parents of the child, if they are not limited in parental rights, are not deprived of parental rights and are capable.

The plan is analyzed by the territorial subdivision together with foster parents at least once a month, and changes are made to the plan based on the results of the analysis.

The written minutes of the meeting on the revision of the Plan are filed with the child's personal file.

(As amended by the Decree of the Government of the Kyrgyz Republic dated August 4, 2014 No. 439 )

15. Citizens who wish to take on the upbringing of children apply in the prescribed form to the territorial divisions at their place of residence.

16. Documents required for submission by the applicant to the territorial divisions to obtain the status of a foster parent (parents):

1) an application in the prescribed form;

2) a copy of the passport of the applicant(s);

3) marriage certificate (if married);

4) notarized consent of the spouse (if they are married);

5) certificate from the place of residence on the composition of the family;

6) an extract from the house book from the place of residence or a document confirming the ownership of the dwelling;

7) certificate of the internal affairs bodies on the absence, removal or cancellation of a criminal record;

8) medical conclusion of the state medical and preventive and medical and social organization on the state of health of a person who wants to take a child to be raised in a foster family, and members of his family, on the absence of diseases, according to the List determined by the Government of the Kyrgyz Republic, in the presence of which a person cannot be recognized as a guardian (custodian), foster parent, adoptive parent of a child;

9) reference from the place of work or from the place of residence;

10) full autobiography of the applicants;

Any citizen of the Kyrgyz Republic who is not related to the candidate for foster parents and who has known him for at least one year can be a guarantor. Written recommendations are collected by employees of territorial divisions through written interviews of selected guarantors;

12) certificate or certificate of completion of training (training, seminar) issued by the authorized bodies and relevant institutions that train foster parents.

17. Upon receipt of an application from a person who wants to take a child (children) for upbringing, an employee of the territorial subdivision conducts an interview with the candidate. The territorial subdivision organizes at least three visits to the home of a person who wants to take a child (children) into foster care, in order to conduct an interview with all adult family members living together with the candidate, with minor children, finds out the motives and reasons for the desire to take the child (children) into foster care.

At least one of these visits to the family of a person wishing to adopt a child (children) must be unplanned, without notifying the candidate.

18. Upon receipt of all documents, the territorial subdivision conducts a survey of the living conditions of a person wishing to take a child (children) for upbringing. According to the results of the survey of living conditions, an act is drawn up.

19. Persons wishing to take on the upbringing of children undergo training in the preparation of foster parents before submitting the documents specified in paragraph 16 of these Regulations.

Training is organized and conducted by the authorized state body for the protection of children or independent specialists, non-profit organizations, in the manner prescribed by the Government of the Kyrgyz Republic.

Territorial divisions create a database of applicants who are enrolled in a training group.

(As amended by the Decree of the Government of the Kyrgyz Republic dated August 4, 2014 No. 439 )

20. Based on the application, the act of examining the applicant's living conditions, the results of the interview with the candidate and the documents specified in paragraph 16 of these Regulations, who wants to take the child (children) for upbringing, and also taking into account the results of the training, the territorial subdivision prepares a conclusion on the possibility of being foster parents.

The conclusion states:

The number of children who can be placed in the care of the applicant's family at the same time;

Terms of placement of the child (children) for upbringing in the applicant's family;

Age and sex of the transferred child (children), the state of his health and development;

The applicant's ability data must meet the needs of the child(ren) with psychological, somatic and physical problems.

The conclusion on the possibility of being foster parents must be prepared no later than thirty calendar days from the date of receipt of the application and documents specified in paragraph 17 of these Regulations.

Within a three-day period from the moment of preparation of the conclusion, the employee of the territorial subdivision sends a written response to the applicant.

(As amended by the Decree of the Government of the Kyrgyz Republic dated August 4, 2014 No. 439 )

21. Based on the conclusion on the possibility of being foster parents, territorial divisions enter information about applicants into the State Data Bank on children left without parental care as candidates for foster parents.

The conclusion is valid for one year from the date of its issuance. After the expiration of the established period, if the documents specified in subparagraphs 1-9 of paragraph 16 of this Regulation have not been updated, persons wishing to adopt a child (children) for upbringing lose the status of candidates for foster parents and are subject to exclusion from the State Data Bank on children left without parental care as candidates for foster parents.

22. Obtaining the status of candidates for foster parents is the basis for the selection of a child (children) in order to transfer him to a foster family.

The territorial subdivision provides foster parents with information about a child who can be transferred to foster care, his state of health and issues a referral to visit the child (children) at his place of residence (location).

When selecting a child (children) from educational institutions and medical and preventive institutions, institutions for social protection of the population or other similar institutions, regardless of their departmental affiliation and organizational and legal form, the administration of these institutions is obliged to familiarize the persons (person) wishing to take the child (children) for upbringing with the personal file of the child (children) and a medical report on the state of his health.

23. For a child (children) transferred for upbringing to a foster family, the administration of the institution (or the person who has the child) submits the following documents to the territorial subdivision:

Birth certificate of the child;

Documents confirming the legal grounds for transferring the child (children) to a foster family (certificate of the death of the parent (parents), a copy of the court decision on depriving the parent (parents) of parental rights, declaring the parents incompetent, missing or dead, an act confirming that the child has been abandoned, and other documents), or an act on the emergency removal of the child from the previous one from the family;

Conclusion on the state of health, physical and mental development of the child, issued by an expert medical commission in the prescribed manner;

child's medical record;

Education document;

Information about the presence and location of brothers and sisters;

An inventory of the property belonging to the child and information about the persons responsible for its safety;

Documents on fixing living space for minors;

A copy of the court decision on the recovery of alimony;

Documents confirming the right to receive benefits or social pensions.

24. For a child placed in a foster family, adoptive parents who have undergone special training and are able to meet the needs of the child, identified during the child needs assessment process, are carefully selected.

The selection of a foster family for a child is made by an employee of the territorial subdivision on the basis of the Plan and the results of the last assessment of the needs of the child, taking into account the opinion of the child and, if possible, the opinion of the child's parents who are not limited in parental rights, not deprived of parental rights and are capable.

An important factor in the selection of a foster family is the possibility for children who are related to each other to live together.

In order for the child to have an idea about the place of his future residence and about the adoptive parents, the territorial subdivision organizes their meeting. The opinion of the child about the future foster family is taken into account when making a decision when transferring the child to a foster family.

25. When transferring a child to a foster family, foster parents have the right to receive additional training, assistance and information from the territorial division in order to create the most favorable conditions for living, development, adaptation for a child with special needs and deviant behavior.

26. Having picked up a child (children) for upbringing in a foster family, the territorial subdivision submits the draft Plan for the provision of care to the child, the conclusion on the possibility of becoming a foster parent and the documents specified in paragraph 16 of these Regulations, for consideration by the Commission for Children (hereinafter referred to as the Commission) under the district state administration / mayor's office of the city.

(As amended by the Decree of the Government of the Kyrgyz Republic dated August 4, 2014 No. 439 )

27. In case of emergency, short-term and periodic placement of a child in a foster family, the period of which does not exceed 30 calendar days, no agreement with the Commission is required.

In case of an emergency placement of a child, the Agreement is concluded within one calendar day from the moment the child is transferred to a foster family.

28. The commission at its meeting considers the materials submitted by the territorial subdivision.

The Commission has the right to refuse to conclude the Agreement in cases where:

The requirements established by these Regulations are not met;

Complaints were received to the Commission about the contradiction to the interests of the child of the decision to transfer the child to a foster family.

The refusal of the Commission to conclude an Agreement on the transfer of a child (children) to a foster family must be motivated. The decision of the Commission must be made no later than 10 calendar days from the date of receipt of materials for their consideration. The Commission shall immediately notify the territorial subdivision of the decision made by telephone, facsimile and other means of communication in order to take measures for the further placement of the child.

29. The decision of the Commission to refuse to approve the draft Plan for the provision of care to the child and conclude the Agreement on the transfer of the child (children) to a foster family is handed over to the candidate, with an explanation of the reasons for the refusal, within five calendar days from the date of the decision and notification. The decision of the Commission to refuse to conclude an Agreement on the transfer of a child (children) to a foster family may be appealed in court, in accordance with the procedure established by the legislation of the Kyrgyz Republic.

A negative opinion of a territorial subdivision may be appealed to the Commission or in court in accordance with the procedure established by the legislation of the Kyrgyz Republic.

The negative conclusion of the territorial subdivision and the decision of the Commission are not grounds for refusing to accept the applicant's documents upon subsequent application to the territorial subdivisions on the issue of obtaining the status of a candidate for foster parents.

34. The territorial subdivision shall transfer the following documents to the adoptive parents (parent), except in cases of emergency placement:

Birth certificate;

A document confirming the legal grounds for the transfer of the child (children) to be raised in a foster family (certificate of death of the parent (parents);

A copy of the court decision on the deprivation of the parent (parents) of parental rights, recognizing the parents as incapacitated, missing or dead, an act confirming that the child was abandoned, etc .;

Outpatient card of the child;

A conclusion issued by an expert medical commission on a medical examination of the health status of a child transferred for upbringing in a family, under guardianship / guardianship;

At the request of adoptive parents, the necessary copies of other documents;

Extract from the history of the development of the child.

35. An agreement on the transfer of a child (children) to be raised in a foster family must provide for:

Type of child's device;

Rights and obligations of adoptive parents (parent);

Obligations in relation to the foster family of the territorial subdivision, as well as the grounds and consequences of the termination of such an Agreement;

The term of the Agreement, the conditions for prolongation, the grounds for termination and the consequences of such termination.

The Agreement must be accompanied by a Plan for the provision of care to the child, with the exception of the emergency placement of the child in a foster family.

(As amended by the Decree of the Government of the Kyrgyz Republic dated August 4, 2014 No. 439 )

36. In case of premature termination of the Agreement or the likelihood of its termination, an assessment of the situation is carried out, after which, if appropriate, the child and adoptive parents are offered specialist advice to improve the situation.

37. After the expiration of the term of the Agreement for which the child was placed in a foster family, the territorial subdivision draws up a report on the results of the transfer of the child to a foster family, on the basis of which the child is further placed. A copy of the report is provided to foster parents.

38. An agreement on the transfer of a child (children) for upbringing to a foster family is terminated in cases provided for by the legislation of the Kyrgyz Republic.

All property and financial issues arising as a result of early termination of the Agreement are resolved by agreement of the parties, and in the event of a dispute - by the court in accordance with the procedure established by the legislation of the Kyrgyz Republic.

39. Foster parents, through whose fault the Agreement was terminated due to their failure to fulfill the duties of a foster parent, cannot re-adopt another child (children) for upbringing in a foster family.

42. The placement of children in a foster family does not entail the emergence between foster parents and children of alimony, inheritance and other legal relations arising from the civil and family legislation of the Kyrgyz Republic.

A child (children) transferred to a foster family retains the right to alimony, 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, has the right to provide him with a dwelling in accordance with the Housing Code of the Kyrgyz Republic.

43. A child (children) in a foster family has the right, in accordance with the Family Code of the Kyrgyz Republic, the Code of the Kyrgyz Republic on Children, to:

Maintaining contacts with parents, relatives, if this does not contradict the interests of the child (children);

Ensuring welfare and providing him (them) with conditions for full development;

Protection of their rights and legitimate interests;

Respect for human dignity, freedom of conscience and information, free expression of one's own views and convictions;

Satisfying the need for emotional and personal communication;

Development of their creative abilities and interests;

Receipt of qualified assistance in training and correction of existing problems in development;

Expressing your opinion and demanding that it be taken into account:

Leisure, organized leisure activities on weekends, holidays and during holidays;

Celebration of important events of his life;

Protection from all forms of physical and mental violence, personal insults;

Appeal to the territorial divisions about the facts of ill-treatment or injuries inflicted on him in the foster family.

44. Contacts of parents with a child (children) are allowed with the consent of an employee of the territorial subdivision and, if necessary, are carried out under the supervision of a social worker.

45. If there is a threat from the biological parents (moral violence, physical violence, the appearance of parents in a state of intoxication), contact with them may be denied.

46. In disputable cases, the procedure for communication between the child (children), his parents and relatives is determined by the territorial subdivision.

47. Material support and financing of the maintenance of children placed in foster care and wages of foster parents is carried out at the expense of the republican budget, extra-budgetary funds and other sources not prohibited by the legislation of the Kyrgyz Republic.

48. A child placed in a foster family is provided with funds for his maintenance. The child must be provided with the necessary level of vital activity to meet his basic needs for medical care, nutrition, education, clothing, shoes, toys, household and stationery necessary for his normal physical, mental, mental, emotional development, in accordance with the norms for children of a particular age.

A foster family or a foster parent is provided with a monthly salary in the amount approved by the Government of the Kyrgyz Republic.

Expenses for the maintenance of additionally taken children are calculated for each child.

When the adoptive parents perform their duties for an incomplete calendar month, the costs of maintaining the child (food, medical, transport and others) and the remuneration of the foster parents are calculated from the number of calendar days for which the child was placed in a foster family.

Funds for expenses for paying utility bills and purchasing soap and detergents are provided if the child is placed in a family for full calendar months.

When placing a child in a foster family for up to 30 calendar days, funds for the purchase of clothes, shoes and bed linen are not provided. Providing the child with the specified accessories is carried out by adoptive parents.

When a child is placed in a foster family for a period of more than 30 calendar days, funds for the purchase of clothes and shoes are provided for and allocated for the period of care, taking into account the season (winter, spring, summer, autumn), and funds for the purchase of bed linen are provided when a child is placed for a period of one to two months - one set, from two months to a year - two sets.

August 4, 2014 No. 439)

49. Funds for the maintenance of the child and the wages of foster parents are transferred by the territorial subdivision on a monthly basis, in the prescribed amount, to personal accounts of foster parents opened in banks.

50. Foster parents keep records of expenses (in writing) for the receipt and expenditure of funds in accordance with the cost estimate and submit them in the form of a report to the accounting department of the territorial unit on a monthly basis and at the end of the contract.

to the Regulations on the reception

(foster) family

STANDARD AGREEMENT
on the transfer of a child (children) to be raised in a foster family

(As amended by the Decree of the Government of the Kyrgyz Republic dated August 4, 2014 No. 439)

Gor. __________ "___" ____________ 20__. No. _______

Territorial subdivision of the authorized state body for the protection of children represented by ___________________________________________ _____

(last name, first name, patronymic, position)

and citizen (ka) (not) __________________________________________________,

(Full Name)

living (th, th) __________________________________________________,

The territorial subdivision of the authorized state body for the protection of children transfers, and the adoptive parents (adoptive parent) _____________________________________________________________________________

(Full Name)

Adopt (s) for upbringing in a foster family of a child (children), hereinafter referred to as - foster children _____________________________________________

(Name of the child)

_______________________________________________________________________

(number, series of birth certificate, by whom and when issued)

1. Foster parents (adoptive parent) undertake(s):

1.1. Raising a foster child on the basis of mutual respect, organizing a common life, leisure, mutual assistance.

1.2. Create the necessary conditions for the child (children) to receive education, take care of his health, physical, mental, spiritual and moral development.

1.3. Protect the rights and interests of the child (children).

1.4. Provide care for the child (children) and treatment, systematic presentation to specialist doctors in accordance with medical recommendations and the state of health of the child (children).

1.5. Ensure that the adopted child (children) visits a general educational institution, monitor his progress, maintain contact with teachers and educators of this institution. If it is impossible for a child (children) to attend a general education institution due to his health, ensure that education is received in the forms accessible to the child, established by law.

1.6. Ensure the implementation of the Child Care Plan.

1.7. Notify the territorial subdivision of the authorized state body for the protection of children about the occurrence in the foster family of unfavorable conditions for the maintenance, upbringing and education of the child (children).

2. The territorial subdivision of the authorized state body for the protection of children is obliged to:

2.1. Revise, if necessary, in consultation with the adoptive parents, the Child Care Plan.

2.2. Transfer monthly, no later than the 20th day of the month, to the bank accounts of the foster family, funds for the maintenance of the child and the wages of the foster family for the past month in accordance with Appendix 3, approved by the Decree of the Government of the Kyrgyz Republic "On the foster (foster) family" dated October 1, 2012 No. 670.

(As amended by the Decree of the Government of the Kyrgyz Republic dated August 4, 2014 No. 439)

2.3. (Voided in accordance with the decree

2.4. (No longer valid in accordance with the Decree of the Government of the Kyrgyz Republic dated August 4, 2014 No. 439)

2.5. The Agreement may be amended by agreement of the parties, supplemented by other mutual obligations (including the allocation of temporary use of land plots for the period established by this Agreement, vehicles, etc.).

The Child Care Plan is an annex to this Agreement and an integral part of this Agreement.

2.6. Disputes arising between the parties in the process of execution of this Agreement are considered by the parties within the period of ___________ after their occurrence, in order to develop an agreed solution, and if an agreement is not reached, they are referred to the court for resolution.

2.7. This Agreement is concluded for a period of __________ and comes into force from the moment of signing.

2.8. The term of this Agreement may be extended by mutual agreement of the parties by _____________________ before its expiration.

2.9. This Agreement may be terminated early:

At the initiative of foster parents, if there are valid reasons (illness, lack of understanding with the child (children), changes in family or property status);

At the initiative of the territorial subdivision of the authorized state body for the protection of children, in cases of unfavorable conditions for the maintenance, upbringing and education of the child (children) in the foster family, or in the case of the return of the child (children) to the parents, or in the case of adoption of the child (children).

2.10. The Agreement is made in two copies, each of which has the same legal force.

In case of failure to comply with the terms of this Agreement, the parties have the right to terminate it (indicate the conditions for terminating the Agreement).

Territorial subdivision
authorized state body for the protection of children

Full name, position _________________________________________________

Signature __________________________________________________________

Adoptive parents(s):

__________________________________________________________________

(home address)

__________________________________________________________________

(checking account)

Signature: _________________________________________________________

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

About the foster family *O)

(as amended on August 18, 2008)
_
Repealed from June 4, 2009 on the basis of
Decrees of the Government of the Russian Federation
dated May 18, 2009 N 423

____________________________________________________________________
Document as amended by:
Decree of the Government of the Russian Federation of February 1, 2005 N 49 (Collected Legislation of the Russian Federation, N 7, 02/14/2005);
(Rossiyskaya Gazeta, N 180, 27.08.2008).
____________________________________________________________________

In accordance with the Family Code of the Russian Federation (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1996, No. 1, Art. 16) The Government of the Russian Federation

decides:

1. Approve the attached Regulations on the foster family.

allocate to the ownership of a foster family creating peasant (farm) farms, land plots in a single array (according to the norms of their free provision) near the place of residence of this foster family, taking into account the number of children taken for upbringing;

to grant a preferential right to a foster family, creating a peasant (farm) economy, to receive additional land plots with a quantitative increase in the composition of the foster family;

provide interest-free loans to a foster family creating a peasant (farm) economy for new construction or expansion of existing residential premises;

take measures to exempt a foster family creating a peasant (farm) economy in the first 2 years after formation from paying local taxes;

allocate, as a matter of priority, to a foster family creating a peasant (farm) economy, long-term loans for the development of the production base of these farms, the purchase of machinery, equipment, vehicles and for other purposes related to agricultural production, within the limits of centralized credit resources allocated for agricultural producers;

to assist a foster family creating a peasant (farm) economy in resolving issues related to financing the construction of roads, power lines, gasification networks, communications, heat supply, water supply and other engineering facilities at the expense of local budgets, as well as costs allocated to improve soil fertility.

4. The Ministry of Education of the Russian Federation, in agreement with the Ministry of Labor of the Russian Federation, the Ministry of Social Protection of the Population of the Russian Federation, the Ministry of Finance of the Russian Federation, the Ministry of Justice of the Russian Federation, within two months, submit proposals for amendments and additions to legislative and other regulatory legal acts of the Russian Federation in terms of the procedure and conditions for the provision of pensions for foster parents.

5. Recognize as invalid:

Decree of the Council of Ministers of the RSFSR of April 30, 1986 N 175 "On approval of the Regulations on the guardianship and guardianship of the RSFSR" (SP RSFSR, 1986, N 15, Art. 109);

Decree of the Council of Ministers of the RSFSR of November 18, 1988 N 475 "On the establishment of family-type orphanages in the RSFSR" (SP RSFSR, 1988, N 23, art. 136);

clause 8 of Decree of the Government of the Russian Federation of June 20, 1992 N 409 "On urgent measures for the social protection of orphans and children left without parental care";

Decree of the Government of the Russian Federation of July 5, 1994 N 786 "On measures of state support for family-type orphanages created on the basis of peasant (farm) households" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1994, N 11, Art. 1302).

6. Recognize as invalid on the territory of the Russian Federation the Decree of the Council of Ministers of the USSR of August 17, 1988 N 1022 "On the creation of family-type orphanages" (SP USSR, 1988, N 30, art. 85).

Prime Minister
Russian Federation
V.Chernomyrdin

Regulations on the foster family

APPROVED
Government Decree
Russian Federation
of July 17, 1996 N 829

I. General provisions

1. A foster family is one of the forms of placement for the upbringing of children left without parental care. Citizens (spouses or individual citizens) who wish to take on the upbringing of a child (children) left without parental care are called adoptive parents; a child (children) transferred for upbringing to a foster family is called an adopted child, and such a family is called a foster family. *1.1)

Foster parents in relation to the adopted child (children) have the rights and obligations of a guardian (custodian). *1.2)

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

3. 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 foster parents in the form in accordance with Appendix No. 1.

The body of guardianship and guardianship shall issue to the adoptive parents a certificate of the established form in the form in accordance with Appendix No. 2.

4. The body of guardianship and guardianship promotes the creation of foster families, provides foster parents with the necessary assistance and monitors the living conditions and upbringing of the child (children).

5. The placement of children in a foster family does not entail the emergence between foster parents and foster children of alimony and inheritance legal relations arising from the legislation of the Russian Federation.

II. The procedure for organizing a foster family

6. Adoptive parents (parent) 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 the adoption is canceled by the court due to their fault;

persons with diseases in the presence of which it is impossible to take a child (children) to be raised in a foster family. *6.6)

7. Persons wishing to take a child (children) 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:

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 for a person (persons) who wants to take a child (children) to be raised in a foster family (a copy of the financial personal account from the place of residence and an extract from the house (apartment) book for tenants of residential premises in the state and municipal housing stock or a document confirming the ownership of the residential premises);

a copy of the marriage certificate (if married);

medical certificate of a medical institution on the state of health of a person (persons) wishing to take a child to be raised in a foster family. The procedure for examining the state of health of persons wishing to take a child into foster care is determined by the Ministry of Health and Social Development of the Russian Federation (paragraph as amended by Decree of the Government of the Russian Federation of February 1, 2005 N 49.

A person applying for a conclusion on the possibility of being a foster parent must present a passport, and in cases provided for by the legislation of the Russian Federation, another document replacing it.

8. In order to prepare a conclusion on the possibility of being foster parents, the guardianship and guardianship body draws up an act based on the results of a survey of the living conditions of persons (persons) who wish to take a child (children) to be raised in a foster family.

9. On the basis of an application and an act of examining the living conditions of persons (persons) wishing to take a child (children) for upbringing 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. At the same time, their personal qualities, state of health, ability to fulfill the duties of raising children, relationships with other family members living with them should be taken into account.

If a person (persons) expresses a desire to raise a child with poor health, a sick child, a child with disabilities, a disabled child, the conclusion must indicate that the adoptive parents have the necessary conditions for this (paragraph as amended, put into effect on September 4, 2008 by Decree of the Government of the Russian Federation of August 18, 2008 N 617.

The conclusion about the possibility of being foster parents is the basis for the selection of a child for the purpose of transferring him to a foster family.

10. A negative opinion and the refusal based on it to conclude an agreement on the transfer of a child to foster care shall be brought to the attention of the applicant by the guardianship and guardianship body within 5 days from the date of the decision. At the same time, all documents are returned to the applicant and the procedure for appealing the decision is explained.

11. In order to select and train persons (persons) who wish to take a child (children) for upbringing in a foster family, as well as to monitor the fulfillment of their duties, the guardianship and guardianship body, executive authorities of the constituent entities of the Russian Federation may create departments for placing children in foster care.

12. The body of guardianship and guardianship provides the adoptive parents with information about the child (children) who can be transferred to a foster family for upbringing, and issues a referral to visit the child at the place of his residence (location). *12.1)

When selecting a child (children) from educational institutions and medical and preventive institutions, institutions of social protection of the population or other similar institutions, regardless of their departmental affiliation and organizational and legal form, the administration of these institutions is obliged to familiarize the persons (person) wishing to take the child (children) for upbringing with the personal file of the child and a medical report on the state of his health. The administration of the institution is responsible in accordance with the procedure established by law for the accuracy of the information provided about the child.

13. 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:

birth certificate of the child;

documents confirming the legal grounds for transferring the child to a foster family (death certificate of the parent (parents), a copy of the court decision on depriving the parent (parents) of parental rights, recognizing the parents as incapacitated, missing or dead, an act confirming that the child was abandoned, and others);

conclusion on the state of health, physical and mental development of the child, issued by an expert medical commission in the prescribed manner.

14. The basis for concluding an agreement on the placement of a child (children) for upbringing in a foster family is an application of persons (persons) wishing to take a child (children) for upbringing, with a request to transfer a specific child to them for upbringing, which is submitted to the guardianship and guardianship authority at the place of residence (location) of the child.

The application is accompanied by a conclusion on the possibility of being foster parents (valid for one year) and the documents specified in paragraphs 7 and 13 of these Regulations.

An agreement on the transfer of a child (children) for upbringing to a foster family is concluded between the guardianship and guardianship authority at the place of residence (location) of the child and foster parents. *14.3)

15. An agreement on the transfer of a child (children) for upbringing to a foster family should provide for the period for which he is placed in a foster family, 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 and consequences for terminating such an agreement.

16. Foster parents are obliged to raise a child (children), take care of his health, moral and physical development, create the necessary conditions for his education, prepare him for an independent life. Foster parents are responsible for the adopted child (children) before society.

17. Foster parents (parent) are the legal representatives of the adopted child (children), protect his rights and interests, including in court, without special powers.

The rights of adoptive parents cannot be exercised in conflict with the interests of the child (children).

18. Foster parents have the right to place children in preschool educational institutions on a general basis.

19. 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 valid 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 authority in the event of unfavorable conditions for the maintenance, upbringing and education of the child (children) in the foster family, in the event of the return of the child (children) to parents, in the event of adoption child(ren).

All property and financial issues arising as a result of early termination of the contract are resolved by agreement of the parties, and in the event of a dispute - by the court in the manner prescribed by law.

III. Transfer of a child (children) to a foster family

20. A child (children) left without parental care is transferred for upbringing in a foster family:

orphans; *20.2)

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; *20.4)

children whose parents, for health reasons, cannot personally carry out their upbringing and maintenance, as well as children left without parental care, who are in educational, medical and preventive institutions, institutions of social protection of the population or other similar institutions.

21. At the request of persons (persons) who have the necessary conditions for this, it is possible for them to transfer to a foster family a child (children) with poor health, a sick child (children), a child (children) with disabilities, a disabled child (children)

22. When transferring a child (children) for upbringing to a foster family, the guardianship and guardianship body shall be guided by the interests of the child.

23. The transfer of a child (children) to a foster family is carried out taking into account his opinion and with the consent of the administration of educational and medical institutions, institutions of social protection of the population and other similar institutions in which the child is located.

The transfer of a child (children) who has reached the age of 10 years to a foster family is carried out only with his consent.

24. Children who are related to each other, as a rule, are placed in the same foster family, except in cases where, for medical reasons or other reasons, they cannot be brought up together.

25. For each child transferred to a foster family, the body of guardianship and guardianship or the administration of educational and medical institutions, institutions of social protection of the population and other similar institutions transfer the following documents to foster parents:

birth certificate;

an extract from the history of the development of the child (history of the newborn) on the state of health;

a certificate of the state of health of the mother and the course of childbirth (in the case of the transfer of a child from a maternity hospital, maternity ward of a medical institution);

document on education (for children of school age);

documents about parents (a copy of the death certificate, a sentence or a court decision, a certificate of illness, a search for parents and other documents confirming the absence of parents or the impossibility of raising their children);

certificate of presence and location of brothers and sisters;

an inventory of the property belonging to the child, and information about the persons responsible for its safety;

documents on securing the previously occupied living space for a minor;

a copy of the court decision on the recovery of alimony, documents confirming the right to a pension, a pension book for a child receiving a pension, a document confirming the existence of an account opened in the name of the child in a banking institution.

These documents are transferred directly to foster parents no later than two weeks after the conclusion of the agreement on the transfer of the child (children) to be raised in a foster family.

26. A child (children) placed in a foster family retains the right to the alimony, pension (in case of loss of a breadwinner, disability) and other social payments and compensations due to him, which are transferred in accordance with the legislation of the Russian Federation to accounts opened in the name of the 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. *26.2)

27. The guardianship and guardianship authorities at the location of the property (including residential premises) of the child (children) shall ensure control over its use and safety.

28. A child (children) in a foster family has the right to maintain personal contacts with birth parents, relatives, if this does not contradict the interests of the child (children), his normal development, 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. *28)

IV. Financial support of the foster family

29. For the maintenance of each foster child (children), the foster family is paid monthly funds for food, the purchase of clothes, shoes and soft furnishings, household items, personal hygiene, games, toys, books, and benefits are provided established by the legislation of the Russian Federation for pupils of educational institutions for orphans and children left without parental care. *29.1)

For a child (children) transferred to a foster family for one year or more, funds are allocated for the purchase of furniture.

30. Based on the established standards of material support, local governments allocate funds for an adopted child (children) at the actual prices in the region. *30.1)

Local self-government bodies, based on their decisions, allocate funds to foster families for heating, lighting, current home repairs, the purchase of furniture and payment for consumer services.

Monthly, no later than the 20th day of the previous month, the funds allocated for the maintenance of a foster child (children) are transferred to banking institutions to the bank accounts of foster parents (parents).

The amount of funds necessary for the maintenance of an adopted child (children) is recalculated quarterly, taking into account changes in prices for goods and services.

31. When a child (children) is transferred for upbringing to a foster family for a period until they reach the age of majority, the foster parents are paid money until the child (children) reaches the age of 18 years. *31)

32. The amount of remuneration for foster parents and the benefits provided to a foster family, depending on the number of children taken for upbringing, are established by the laws of the constituent entities of the Russian Federation. *32)

33. 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.

34. For the purchase of food, the foster family is attached by the local government directly to the bases, shops that supply educational institutions.

35. The foster family enjoys the priority right to receive vouchers for children, including free ones, to sanatoriums, health camps, as well as rest houses, sanatoriums for joint rest and treatment of foster parents with children.

36. Issues of material and housing security, not stipulated by this Regulation, are considered and resolved by local governments.

Appendix N 1 to the Regulation. Agreement on the transfer of a child (children) to be raised in a foster family

Appendix No. 1
to the Regulations on the foster family
(as amended from September 4, 2008
Decree of the Government of the Russian Federation
dated August 18, 2008 N 617, -
see previous edition)

CONTRACT
on the transfer of a child (children) for upbringing
to a foster family

(example form)
______________ "" __________ 19__ N___

The body of guardianship and guardianship, acting on the basis of Article

151 of the Family Code of the Russian Federation, represented by
___________________________________________________________________
(position, surname, name, patronymic)

And citizens (-in, -ka) _______________________________________,
(Full Name)
living (th, th) ____________________________________________,
(address)

We have entered into this Agreement as follows:

body of guardianship and guardianship transfers, and adoptive parents
(adoptive parent) _______________________________________________
___________________________________________________________________
___________________________________________________________________
(Full Name)

Adopt (s) a child (children) for education in a foster family,
hereinafter referred to as adopted children: __________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________

(surname, name, patronymic of children, N, series of certificates of

birth, by whom and when issued)

1. Foster parents (adoptive parent) undertake(s):

1.1. Raising a foster child on the basis of mutual respect, organizing a common life, leisure, mutual assistance.

1.2. Create the necessary conditions for the child (children) to receive education, take care of his health, physical, mental, spiritual and moral development.

1.3. Protect the rights and interests of the child (children).

1.4. Provide care for the child (children) and treatment, systematic presentation to specialist doctors in accordance with medical recommendations and the state of health of the child (children).

1.6. Notify the body of guardianship and guardianship of the occurrence in the foster family of unfavorable conditions for the maintenance, upbringing and education of the child (children).

2. The body of guardianship and guardianship undertakes:

2.1. Transfer monthly, no later than the 20th day of the previous month, funds in the amount of ________ rubles to the bank accounts of foster parents based on the established material security standards at actual prices in the region.

2.2. Recalculate the amount of money required for the maintenance of the child (children) on a quarterly basis, taking into account changes in prices for goods and services.

2.3. Make monthly payments to foster parents in the amount of ________ rubles.

2.4. To make additional monthly wages to foster parents in the amount of ________ rubles (for each foster child under the age of three, or a sick child, a child with disabilities, a disabled child, and others).

2.5.* On time __________________ allocate an apartment (house) to foster parents for them to carry out their duties for the upbringing and maintenance of the adopted child (children).

2.6. Attach a foster family for the purchase of food to the base (store N) _____________________________

___________________________________________________________________
(Name)
with payment both by bank transfer and cash.

The agreement may be supplemented by agreement of the parties with other mutual obligations (including the allocation of temporary use of land plots for the period established by this agreement, vehicles, etc.).

2.7. Disputes that arise between the parties in the process of executing this agreement are considered by the parties within ________________ after they arise in order to develop an agreed solution, and if an agreement is not reached, they are referred to the court for resolution.
________________

* Clause 2.5. is introduced for foster parents who have adopted at least 3 children and do not have the necessary living quarters.

2.8. This agreement is concluded for a period of _________________________ and comes into force from the moment of signing.

2.9. The term of this agreement may be extended by mutual agreement of the parties ________________________ before its expiration.

2.10. This agreement may be terminated early:

on the initiative of adoptive parents in the presence of valid reasons (illness, lack of understanding with the child (children), changes in marital or property status);

at the initiative of the guardianship and guardianship authority in cases of unfavorable conditions for the maintenance, upbringing and education of the child (children) in the foster family, or in the case of the return of the child (children) to the parents, or in the case of adoption of the child (children).

2.11. The Agreement is made in two copies, each of which has the same legal force.

In case of non-fulfillment of the terms of this agreement, the parties have the right to terminate it (indicate the conditions for terminating the agreement).

body of guardianship and guardianship foster parents (le)
_______________________________ ___________________________
(settlement account, address) (surname)

Signature____________________
(surname, position)

signature ________________________

Appendix N 2 to the Regulation. certificate

Appendix No. 2
to the Regulations on the foster family

CERTIFICATE N

(example form)

This certificate is issued to gr-well (ke) ______________________
(Full Name)
___________________________________________________________________

___________________________________________________________________
(address)

that he (she) in accordance with the agreement on the transfer of the child

(children) to be raised in a foster family ____________________________

from "____" ______________ 19__ N _______ is adoptive

parent of minor children

___________________________________________________________________
(last name, first name, patronymic, year of birth of each child)
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________

guardianship authority

Signature __________
(surname, position)

Revision of the document, taking into account
changes and additions prepared
CJSC "Kodeks"