Why are children taken away? Grounds for immediate action. Mizulina remains silent

In the modern Russian Federation, the very phrase “guardianship authorities” evokes negative emotions. This is due to the fears of citizens based on stories about the unjustified removal of minor children from families. Unfortunately, in practice, offspring can be taken away for reasons that are completely absurd at first glance:

Vaccinations not made at the appointed time;
Mother's refusal to attend children's milk school;
The child does not have enough toys, according to the inspector;
Based on complaints from "vigilant" neighbors;
Due to restless behavior and frequent crying of the baby.

In order to be able to protect yourself and your child from the arbitrariness of the guardianship and guardianship authorities, you need to know your rights at the legislative level (especially if the child was taken into custody according to the described procedure). In this article, we will tell you on what grounds and in what order the child is removed from the family, as well as the legal consequences of this phenomenon.

Foundations

Many parents, especially young ones, are interested in why the guardianship authorities can take the child. In accordance with the regulation article 77 of the Family Code of the Russian Federation, the only weighty reason for the removal of a minor child from the family is the danger to his life and health, resulting from the actions or inaction of his parents or guardians.

Undeniable grounds, according to which a child can be removed from the family, are:

Alcohol, drug or toxic addiction of parents or guardians;
Recurring episodes of domestic violence;
Non-observance by parents of precautionary measures when involving a child in domestic work;
Illegal exploitation of child labor;
Inability to organize the educational process necessary for the harmonious development of the offspring;
In cases where the mother and father have already been deprived of parental rights (paragraph 5 of article 71 of the RF IC) or their rights to the child are limited (paragraph 4 of article 74 of the RF IC);
Sexual harassment of minors by relatives or persons in whose care the children are.

However, the legislation does not give clear definitions of exactly what negative factors are a significant reason for the removal of a minor citizen by guardianship authorities. For this reason, quite harmless everyday nuances can be regarded as destructive by the staff of the trustee organization. For example, in practice, there were cases when the offspring was taken away because he was in the kitchen at the time when the mother was preparing food. It was assumed that in the kitchen there were many cutting and piercing objects from which the child could suffer, and even the open fire of the included gas stove.

The procedure for removing a child from the family

The main nuance of the considered article 77 of the RF IC is the fact that the guardianship authorities have the right to take the child from the family without warning and immediately. Paragraph 1 of Article 77 The Family Code provides that immediate seizure is the prerogative of the authorized organization. Parents or guardians do not have the legal right to interfere with the procedure in question.

In fact, procedure for removing a child from a family has the following structure:

Receive complaints about the family or independently attract the interest of the guardianship and guardianship authorities to specific citizens;
Examining available information;
The appearance of the inspector at the place of removal of the minor in order to check the living conditions of the child;
Next, a warning or direct removal of the offspring is issued;
In the case of the latter, reading out to parents or guardians of a notification about the removal of the child from the family;
Until the circumstances are clarified, the minor remains under the care of guardianship authorities;
Further proceedings take place in court (on the basis of a statement of claim for deprivation of parental rights sent by the guardianship authorities), where the interests of a minor citizen are represented by a guardian organization.

Guardianship functions may be assumed by a local government body, if this is permitted by the legislation of the constituent entity of the Russian Federation on whose territory such a petition is made.

Transfer of children to guardianship authorities

The transfer of children in case of removal from families to authorized guardianship organizations can be carried out:

On a voluntary basis - if parents waive parental rights;
By force.

If the minor was forcibly removed from the family, this measure may be temporary. Until the circumstances are clarified in court, the child is temporarily placed in one of the budgetary institutions of the type "Baby House" or orphanage, or temporarily transferred to the maintenance of another family. In accordance with the law, a child cannot be adopted by another family without the permission of parents or guardians until these citizens are deprived of parental rights. Also parental consent is not required, if they:

Missing;
Officially (judicially) recognized as incompetent;
For disrespectful reasons, did not live with the child for a long time period ( more than 6 months).

During the entire time that the trial is going on, the inspector-custodian has no right to interfere with the communication of the family with the child who was removed from it. The only exceptions are those cases when parents or guardians intentionally harm a minor, inflicting bodily or psychological injuries on him. Immediately after the procedure for the removal of a minor, the guardian organization is obliged notify the prosecutor.

Legal Consequences

After the removal of the child from the family by the guardianship and guardianship authorities within 7 business days a statement of claim is sent to the court with the aim of depriving the parental rights of an unscrupulous father and mother. If the court decides in favor of the defendant, the offspring returns to their relatives.

If the court proceeding decides to grant the plaintiff's petition, the parents lose their rights to the child. However, offspring recognized as social orphans may be taken under guardianship by other relatives. In addition, over time, parents will be able to restore parental rights if their case was not egregious, and they will be able to prove that they have corrected themselves and are ready to provide the offspring with everything necessary.

It is important to remember that deprivation of parental rights does not exempt parents from alimony payments, but no court will be able to force an offspring abandoned at a young age to take care of elderly relatives.

The situation becomes more complicated if by the time the relatives want to return the minor to the family, he will already be adopted. In this case, additional litigation cannot be avoided. If the offspring is 14 years old by that time, the judge, when issuing a verdict, will rely on his opinion about which family he should live in next.

If the mother voluntarily does not want to give up the children, then the issue of separation from the child is always resolved through the courts. Depriving a child of attention negatively affects the child's psyche. The younger the child, the more difficult this process is. Therefore, in most cases, the judges are on the side of the mother, despite all the secondary indicators.

Children are left to live with their mother, even if the father or other persons claiming to live with the child prove material superiority or the availability of more comfortable housing conditions.

It is almost impossible to sue a child from a respectable woman with good intentions.

Lawsuits on this topic are mainly held between parents, former spouses, where the father wants to get the right to live together with the child, or even completely deprive the mother of parental rights. Plaintiffs can also be close relatives, grandparents, if they believe that the mother leads an immoral lifestyle and is not worthy of this title, which will convince the court.

There are situations when there is no one to intercede for the child, there are no close relatives, and the mother is dysfunctional. Guardianship and guardianship authorities come to the rescue, they act on behalf of the state. First, civil servants monitor and monitor the family. If in the course of inspections poor performance of parental duties by a mother is confirmed, then the question arises of depriving her of parental rights and separating such a mother from her child. In such cases, this is an extreme measure, which, first of all, is in the interests of the child.

Other reasons for separation from children

Situations may arise when no one wants to take the child away from the mother and the case does not reach the courts. Parents after a divorce can mutually agree on who the child will be with. If the conditions of living with the father, in the opinion of the parent, are better, then she can voluntarily renounce the primary rights to raise the child.

According to the laws of our country, children over 10 years old can decide for themselves with whom it is better for them to stay. If the case went to court, in such cases, on the basis of the child's opinion, it is decided to whom the child goes.

Another reason is the incapacity of the mother. Such a decision is made by the court, and subsequently the child lives separately.

In any case, all movements in the area of separation of mother and child are unpleasant, but if a woman wants to be with her baby, then they are practically unsuccessful.

Children are the future of the country, taking care of them is one of the priorities of the Russian Federation. But not every parent takes into account the requirements for the maintenance and upbringing of children provided for by law. Newly minted "educators" establish the norms of behavior and responsibility in their cell of society, often based on personal experience. The established practice of child upbringing, which is inconsistent with the state family policy, may influence the decision of the guardianship authorities to take the child away from the family.

For what guardianship authorities can take a child from the family

Guided by the Code of the Russian Federation (Article N 77), the only significant reason for the immediate removal of children from the family by the guardianship authorities is the threat to their life and health. But there are other actions or inactions of legal representatives that are a reason to select minor dependents.

The grounds for withdrawal are:

attachment of responsible persons to alcohol or drugs;
committing violent acts by relatives against a minor;
exploitation of child labor;
not visiting the dairy kitchen;
immoral behavior of adults;
frequent and loud crying of children;
violation of safety regulations when involving their children in the household process;
lack of toys
unsanitary living conditions;
improper condition of the sleeping and working place;
not timely passage of doctors in a children's clinic;
lack of necessary or expired products;
receipt of complaints, including anonymous ones.

Checks from guardianship authorities

The check consists of a number of procedures:

examination of the place of residence, with a direct visit to the house;
conversation with legal representatives, teachers of schoolchildren, neighbors, etc.;
verification of sources of income;
medical examination of the health of the wards;
evaluate the psychological state of the objects of verification.

They also take into account the opinion of teachers of educational institutions where wards study, neighbors.

Persons who have taken custody of minor children, as well as biological parents, are subject to verification. In fact, each family can become an object of examination, a “signal” from school or from neighbors is enough.

Sudden checks allow you to objectively assess the conditions for keeping babies, especially when they are not yet attending kindergarten or school.

How to behave when guardianship employees are in the apartment

The main thing is not to panic, stay calm and confident, try to be friendly. If "uninvited guests" come to you, do not rush to open the door, it is not safe. To begin with, specify the full name, position and purpose of the visit of the representative. Now you need to make sure that it was you who was assigned the test. The exact information can be obtained by phone. Only after confirming the information, it is worth letting visitors into the house.

If the employees do not have the appropriate documentary authority (court decisions or an act of compulsory seizure), they do not have the authority to oblige you to obey. It's up to you, but refusing will make matters worse when they return with official papers.

What does guardianship pay attention to?

whether the apartment requires repair or its availability;
cleanliness in the apartment;
appearance of family members;
availability of sleeping places for everyone in the house;
the contents of the refrigerator (freshness of products, hot dishes, baby food);
the presence of pets and insects;
an unpleasant smell in the room (mustiness, decay, dampness, etc.);
physical and moral condition of children;
the presence of signs of drinking alcohol or other harmful substances;
manner of communication between loved ones;
the need for hospitalization or medication (in case of illness).

Having visited the family in person, employees must make sure that the babies living with you are provided with the proper conditions and there is no risk to his life and health.

If the child decides to take

Without an act of withdrawal or a court decision, they have no right to forcibly take away the offspring. Do not sign the application for the voluntary transfer of children if you do not agree. Since it is not easy to prove the fact of a threat to life or health. Voluntary refusal to perform maternal duties by the court will be regarded as indifference, not the ability to provide a decent standard of living with you.

The procedure for removing a child from the family

The actions of the trustee commissions occur according to a certain scheme:

there is a signal or complaint from respectable citizens;
carry out inspections in accordance with legal requirements;
having revealed minor violations, they make a warning negligent to the mother or father;
if relevant serious violations are detected, minors are taken under the supervision of the state;
following the law, children are placed in state educational institutions "orphanages" or are given under temporary guardianship to close people who have the right to care and raise a child.

If your child was taken away, you have the opportunity to challenge the conclusions of municipal structures in a legal manner.

Transfer of children to guardianship authorities

The transfer of pupils occurs forcibly or with the consent of the parents. Dependents are immediately taken away in case of danger to their life and health. And also if the father and mother:

do not live more than 6 months with children without a good reason;
officially recognized as incompetent;
missing.

If the child is not taken

It is not a fact that the child will be taken away immediately after the visit, the guardianship and guardianship authorities may issue a warning. These measures make it possible to eliminate comments on the maintenance and upbringing of minors. Today, everyday difficulties often arise that cannot be overcome on their own. In such a case, one of the options for solving the problems that have arisen may be to contact the centers for helping families who find themselves in a difficult life situation. The social network of assistance to the population provides various support to every needy resident of the Russian Federation.

Legal Consequences

Within seven days from the date of removal of minors, the state representative submits a petition for deprivation of parental rights to the court. At this time, babies are placed in special institutions for children. Before the trial, communication with relatives is allowed only if the meetings do not worsen the physical and psychological condition of the children.

If the plaintiff's request is granted, the defendant may attempt to restore motherhood if rehabilitated before the offspring comes of age. In such a situation, orphans remain in an orphanage until they reach the age of 18, or they can be legally adopted by other relatives or other citizens. A father or mother deprived of parental rights is required to pay child support.

Legislative regulation

Legal relations in the family are regulated mainly by the civil code of the Russian Federation.
Guardianship and guardianship authorities operate based on a number of legislative acts, for example, the RF IC, starting from the twelfth chapter:
- Article 69. Deprivation of parental rights;
- Article 70. Procedure for deprivation of parental rights;
- Article 77
Federal Law N 120 "On the basics of the system for the prevention of neglect and juvenile delinquency";
Federal Law N 124 "On the Russian Federation";
Federal Law N 159 "On additional guarantees for the social protection of children left without parental care", etc.

The smallest inhabitant of our country is the most vulnerable. It is very important not to remain indifferent to the negative treatment of the younger generations. Even if this is not your child, but being an eyewitness to gross violations, it is the moral duty of every respectable person to protect the childhood of a little man.

The number of unjustified seizures of children from any, even prosperous parents in Russia, is growing. This was announced today, March 28, by Elena Mizulina, Deputy Chairman of the Federation Council Committee on Constitutional Legislation. The problem was discussed during a press conference dedicated to the problems of removing children from families and the results of independent monitoring by the Association of Parents' Committees and Communities (ARKS). Experts are sure that the current situation needs to be corrected.

Our concern is that the number of unjustified seizures is growing, but should be falling. Because the real orphanhood in Russia has decreased,

said Elena Mizulina, adding that by 2013 it was possible to successfully and significantly (by half) reduce the number of children left without parents or their care. And since 2013, the number of orphans began to grow again.

We summarized 140 cases, the most striking ones, and analyzed what were the reasons for the removal of the child, what, in fact, was behind these actions. And it turns out that in most of the cases considered, the reasons for removing children from families were poor living conditions, lack of repairs, lack of furniture or lack of furniture, food in the refrigerator, that is, poverty. A special place is occupied by debts for housing and communal services,

said the head of the ARKS Olga Letkova.

She gave frightening examples. There is a known case when 3-month-old Rodion Tonkikh from the Krasnodar Territory died. He was removed from the family on August 6, 2015, when his mother went to work and asked a neighbor to sit with him. Both parents at that time were in a difficult life situation. The father lost his job. Having learned about this, as well as about the debts for an apartment, social services began to visit the family. As a result, they took away not only Rodion, who was then 1.5 months old, but also their three-year-old daughter Ilona. Some time later, the child died in the hospital as a result of a traumatic brain injury. Despite a lengthy investigation, no one was punished for the death of the baby.

The act of seizure says that there is not enough food in the refrigerator. And that's it. And this was enough for the police to seize a small child on their own act. The family received no help. In the end it all ended in tragedy

Olga Letkova added.

She noticed that there were too many far-fetched reasons for the removal of children. At the same time, no one wants to help families. On the contrary, in response to requests for help, officials come and take the children away from their parents. At the same time, in many cases, mothers and fathers are very responsible in raising their sons and daughters, they just got into a difficult situation.

Often the reason for the removal of children is a conflict between children and parents, when too many people know about it, even if, for example, the father punished the child for stealing. In general, the grounds for selecting children are the illness of the parents, the lack of housing or repairs, poverty. But the guardianship authorities themselves decide which family to select children from. The result of our monitoring is simple - the juvenile system in Russia works. We intend to propose a number of norms that allow not to interfere in the affairs of the family, so that parents can raise their children at their own discretion,

said Olga Letkova.

Elena Mizulina also supported her position. She considers the current practice outrageous. According to the senator, it is absurd to remove children because the family does not have money for repairs. You need to help your parents, but no one wants to do this.

The Plenum of the Supreme Court of the Russian Federation approved a list of reasons why Russians will be deprived of parental rights. In society, this document caused a mixed reaction.

Should parental rights be terminated for gender reassignment? For vegetarianism? For fifty cats in an apartment? For excessive religiosity?

“If vegetarian parents do not feed the child with meat, eggs, do not drink milk, then is it possible to leave the child with such parents?” - asks the human rights activist, head of the Russian Bar Association for Human Rights Maria Bast.

However, the decision of the Supreme Court will not affect the fate of children in vegan families. Those who are members of banned religious organizations, who impede the education of a child, involve him in vagrancy, prostitution, begging, theft, accustom him to alcohol and drugs will be deprived of parental rights.

The item about religious organizations turned out to be the most scandalous. Opponents of this rule point out that unregistered religious organizations will immediately fall into the category of banned ones.

“We often encounter sects,” continues Maria Bast. - For example, we were approached by a woman from Samara, whose daughter, together with her grandson, left home in an unknown direction, falling under religious influence. The child’s grandmother repeatedly wrote statements to both the guardianship and the police, but no action was taken, the child was not even looked for.”

In Western countries, to the surprise of our fellow citizens, children are removed from families for excessive religiosity all the time: it is enough to recall a family from Germany (former ours), which was repeatedly fined for refusing to go to sex education classes for religious reasons, and then the father of the family and completely sentenced to imprisonment.

Then all of Russia sympathized with former compatriots. They were even invited to move to their historical homeland: they say, we don’t have any sex education either, and pray as much as you want. And now what? Will we be like them?

“I doubt that this norm will work for us,” says Maria Bast. - Many sects exist quite legally, they bribe officials, create their own NGOs. We have entire regions where it is allowed to come to school in headscarves and religious clothes. In Europe, this is prohibited. If a child comes to school wearing a headscarf, they will force him to take it off, and the guardianship authorities will come to the family with an inspection. It is believed that a religious family violates the rights and freedoms of the child.

Meanwhile, a new discord in society began after a high-profile story with a 40-year-old resident of Yekaterinburg, from whom the guardianship authorities seized two adopted children. At the same time, they left two of their own. The scandal happened after social workers found out that a woman had removed her breasts and blogged on the Internet about how hard it is to be ... a man in a woman's body.

“The grounds for terminating the guardianship agreement were not claims to Y.’s fulfillment of her parental responsibilities in relation to children or a situation of threat to the life and health of children, but the assumption of potential harm to the moral education of children in the event of a possible operation for a complete sex change ...” - she began to doubt in the correctness of the decision of the Public Chamber of the Russian Federation after an on-site audit.

By the way, the prosecutor's office of the Sverdlovsk region did not find any violations in the actions of guardianship employees.

Meanwhile, the heroine of this story admitted that she wanted to adopt children (both are disabled) and leave with the whole family to Europe. There, they say, people with disabilities are treated better. Really.

Head of the Institute of Demography, Migration and Regional Development Yuri Krupnov The innovation of the Supreme Court approves: “If a religious organization is banned, no one prevents parents from leaving it, and then no one will take their children away from them. This is theoretical. And practically we have a war going on between departments for the right to decide the fate of children.”

The attitude of the state towards poor families is also unclear. On the one hand, it is now legally prohibited to take away children for poverty. On the other hand, no measures for financial assistance and bringing the child's living conditions to an acceptable level are not prescribed anywhere.

“The family is the cell of society, but it survives on its own as best it can. And society doesn't care at all. You can make money on foster children in our country. And on their own - just spend it, ”says Krupnov.

Adelaide Sigida.