Regulations on the foster family. How to take a child to foster care or guardianship

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“I want to take an adopted child, but I'm not sure if I am ready for the role of mother” (Maria). “We lost our son three years ago, I would like to take the baby from the orphanage, but my husband is against” (LANA). “Doctors said that I will not have children. Mom says that she will be glad to the adoptive grandson, but I don’t even know ... ”(Lena_31). These are replicas from various adoption forums.

People want to adopt foster children for a variety of reasons. Do these reasons matter for further relationships with the child? This is described by the psychologist Larisa Rudneva, project manager “Together - for children. School of foster parents. "

Mission - To Help

“All candidates for foster parents are deeply respected. We psychologists do not undertake the mission to make a judgment: this one is suitable, but this one is not. When candidates come to our School, I tell them: “We become employees. We will share the knowledge that we have. We want to be useful in your noble and complex business.

And the first thing we will pay attention to is motivation: the reasons why you want to take an adopted child into the family. And how much you are aware of these reasons.

In 2016, we opened the ninth group. Already more than 100 candidates for foster parents have received from our hands a state-issued certificate that gives the right to take a child into the family. And here are some of the motives I most often meet in my practice.

1. Parents with experience

Often adult couples want to become foster parents. They have many years of living together, they have children - one, two or more - who have already grown up and become so independent that they minimally need help, support, and attention of their parents. And the parents themselves have enough strength, attention and resources to raise more children.

As a rule, these are middle-aged couples who, due to their age, cannot or have decided not to give birth to children anymore, but understand that they are ready to give care, support and love to those children who find themselves in a difficult situation.

This motive causes psychologists respect and complacency. This is the motive of mature individuals, it is stable, they all weighed and decided, and are unlikely to change their minds under the influence of new circumstances. They have a lot of parenting experience, they know that problems happen, but there are no insoluble problems, they can be dealt with.

2. Parents with a loss

The second category is couples in a severe emotional state, for example, parents who have lost their children. This is the most severe, biggest pain that can fall on a person. In this case, we psychologists will use our best efforts, knowledge and skills to help deal with this pain so that it does not turn into a black abyss that sucks both parents and children who may appear in this family. In such cases, we strongly recommend psychological assistance and strongly support such couples when they decide to go to the orphanage and begin to help the children as a volunteer. Such work helps them better understand how they feel when communicating with children, and to realize how ready they are for the role of adoptive parents.

3. Parents without experience

The third category of adoptive parents are couples who for some reason cannot have their own children. Most often these are people who have long gone to the decision to take an adopted child. And we, psychologists, are trying to make this decision from a hypothetical, ideal one to become as practical and understandable as possible. Therefore, a lot of attention in our School is paid to trainings. At the trainings, future adoptive parents lose typical family situations, discuss them and gain communication skills with children.

Learn about your resources

Introduction: custody or foster family

With the varieties of forms of family structure in Russian law, everything is much simpler than it seems. But it seems that everything is complicated, mainly because we are confused by the media. The incompetent journalists call all indiscriminately children who have found parents “adopted”, and all the families who have adopted such children as “adoptive children”. Whereas in reality, the adoptive parents of children do not adopt, but are taken into custody. But reporters have no time to understand such subtleties - that’s what they form one stereotype after another.

By and large, there are only two types of family structure in Russia - adoption and guardianship.The legal relations of adults and a child during adoption are governed mainly by the Family Code of the Russian Federation, and under guardianship (as well as guardianship and foster care) - by the Civil Code. Guardianship from guardianship differs in the age of the child (over 14 years old), and foster family is a paid form of custodywhen the guardian receives remuneration for his work. In other words: the creation of a foster family is always based on the establishment of custody or guardianship of a child. Therefore, for ease of further understanding, the phrases “foster family” and “foster parent”, as well as “guardianship” and “trustee” will only be found where it is impossible to do without them. In all other cases - “guardianship” and “guardian”.

Despite the fact that adoption is considered the priority form of family structure in the Russian Federation, today more and more citizens who want to accept a child with a difficult fate into their family are choosing custody and its derivatives. Why? Based on the interests of the child. After all in the case of custody, the child retains its orphan status, and, consequently, all the benefits, payments and other benefits due from the state.

Choosing between adoption and guardianship, many parents put the material side of the issue at the forefront. In many regions, adoptive parents receive substantial lump sum payments. For example, residents of the Kaliningrad region can receive 615 thousand rubles for the purchase of housing on the property right of an adopted child. And in the Pskov region they give out 500 thousand rubles without any restrictions on their use. And not only to Pskov, but adoptive parents from any region.

In addition, since 2013, when adopting sisters and brothers, or disabled children or adolescents over 10 years old, the state pays parents 100 thousand rubles at a time. And if the adopted child is the second in the family, then parents can also apply for maternity capital. All these payments are a good help for improving the living conditions of the family. But, as mentioned earlier, in the event of adoption, an orphan becomes an ordinary Russian child, losing all of his orphan capital, including his own housing.

On the other hand, for a child, especially an older child, it is extremely important to realize that he is not “guardian”, but adopted, that is, he has become native not only in the hearts of loved ones, but also documented. However, quite often, adoption is simply impossible to prefer: if there are restrictions on the forms of the family structure. So, if the biological parents of the baby are not deprived of parental rights, but only limited in them, then only two forms of device will be possible for the child: guardianship (guardianship) or foster family.

Choosing between a paid and free form of guardianship, many wealthy families choose the second option - they say, why do we need to receive a reward for raising a child, we will raise him for free. Meanwhile, this small (3-5 thousand rubles per month, depending on the region) money can be used to create your own savings for a child - no one bothers to open a replenishable deposit in the name of your ward, and form a decent amount for his age: for a wedding , study, first car, etc.

Guardianship or foster family? The choice always remains with those adults who take the responsible decision to accept a child with a difficult fate into their family. The main thing is that this choice be made in the name of the child and in defense of his interests.

Who can become a guardian and what is PDS

The question in the title of this section could be answered briefly: “any adult capable citizen of the Russian Federation”. If not for some “except”.

So, before collecting documents for custody, make sure that you do not:

1) were deprived of parental rights.

2) were limited in parental rights.

3) were suspended from the duties of a guardian (trustee).

4) were the adopter, and the adoption was canceled due to your fault.

5) have an unexpunged or outstanding conviction for serious or especially serious crimes.

6) * you have or had a criminal record, or you have been or have been prosecuted for crimes against life and health, freedom, honor and dignity of the person (except for illegal placement in a psychiatric hospital, libel and insult), sexual inviolability and sexual freedom of the person, as well for crimes against family and minors, public health and public morality and public safety (* - this item can be ignored if the criminal prosecution was terminated by bilitating bases).

7) you are married to a person of your gender registered in any state where such marriage is permitted, or you are not married to a person of the opposite sex, being a citizen of that state.

8) have chronic alcoholism or drug addiction

9) you cannot exercise parental rights due to health reasons **.

10) you live together with people suffering from diseases that pose a danger to others ***.

** - lists of these diseases can be found in Appendix 2
*** - lists of these diseases can be found in Appendix 2

Another important point without a “no” particle: a citizen applying for a high guardian title must undergo psychological, pedagogical and legal training - have a certificate from the School of Foster Parents (PDS).

What gives training in the PDS in addition to the desired certificate? Host parents' schools set themselves many tasks, the first of which is to help guardian candidates in determining their willingness to accept a child, in realizing the real problems and difficulties that they will encounter in the process of raising them. In addition, the PDS identifies and builds up the educational and parenting skills necessary for citizens, including to protect the rights and health of the child, create a safe environment for him, successful socialization, education and development of the child.

However, you will not be obliged to undergo training in the PDS if you (in accordance with Article 146 of the Family Code of the Russian Federation):

Are or were an adoptive parent, and adoption has not been canceled against you.

Are you or were a guardian (trustee), and have not been suspended from the performance of your duties

Close relative of the child ****.

**** - see the benefits of close relatives in Appendix 3

Education at the School of foster parents - free. The guardianship authorities of your region should take care of this, and they will also issue a referral to the PDS. In the process of passing the program, which, by the way, must be approved by the Ministry of Education and Science, you may be asked to undergo a psychological examination - note - with your consent. The results of this examination are advisory in nature and are taken into account when appointing a guardian along with:

The moral and other personal qualities of the guardian;

The ability of the guardian to perform his duties;

The relationship between the guardian and the child;

The attitude of the child to the family members of the guardian;

The attitude of the child himself to the prospect of education in the family proposed to him (if this is possible due to his age and intellect).

The child’s desire to see a specific person as his guardian.

Degree of relationship (aunt / nephews, grandmother / grandson, brother / sister, etc.), properties (daughter-in-law / mother-in-law), former properties (former stepmother / former stepson), etc.

We collect documents

Have you made sure that none of the exceptions or circumstances mentioned in the previous chapter prevent you from becoming a guardian? Then it remains to prove this to the guardianship and trusteeship bodies by providing them with information about themselves.

If you want to take custody as soon as possible (and most of the host parents want this), it is better not to wait until the guardianship and guardianship specialists request information from the Ministry of Internal Affairs, the Ministry of Justice, medical and other organizations. Start acting on your own: documents can be collected in parallel with training in the PDS. The necessary forms can be obtained from the specialists of guardianship and trusteeship, or you can print it yourself.

There are not so many documents separating you from the conclusion of the guardianship authority about the possibility of being a guardian. Another question is that some of the “pieces of paper” are given in dozens of hours of lines in different institutions. Therefore, to save time and nerves it is extremely important to understand what documents should be dealt with in the first place.

So, when collecting documents, it is advisable to adhere to the following order:

1. Medical report. This item requires the most explanation. Firstly, a medical examination of potential guardians is carried out is free. If in any of the health care institutions in your city do not agree with this, you can safely refer to the order of the Ministry of Health of the Russian Federation No. 332 of September 10, 1996. Secondly, the same order introduced the form No. 164 / y-96, on which you have to collect two dozen seals and stamps. In total, it provides for the conclusions of eight specialist doctors - a narcologist, psychiatrist, dermatovenerologist, oncologist, neurologist, infectious disease specialist, therapist - plus the signature of the head physician of the clinic at the place of registration. As a rule, all doctors go forward and put their “not revealed” as quickly as possible. Moreover, as in any bureaucracy, incidents are possible. So, in some cities, an appointment with a narcologist and a psychiatrist will not be allowed until undergoing fluorography. And without the stamps of these specialists, an infectious disease specialist will refuse to talk with you, the test results of which have to wait up to two weeks. It’s advisable to ask about all those who have already passed such a medical examination in your area. And to plan the “chain” optimal in time and logic.

2. Help from the Information Center of the Ministry of Internal Affairs (no criminal record, etc.). Police have the right to produce this document within a month, but also, as a rule, work more efficiently when a future guardian makes a request - especially if you have been registered in one subject of the Russian Federation all your life.

3. Statement of income for 12 months. Much depends on the accountant at your place of work, and financiers, as you know, are wayward and focused people. They may also delay the issuance of a 2-NDFL statement if the quarterly report does not allow distractions to such trifles. Therefore, it is better to request a document in advance. If you do not have income (only one spouse works), then the personal income tax of the husband / wife will do. Or any other document confirming income (for example, a bank statement of movements on the account).

4. The document from the public utilities - HOA / DEZ / UK - at the place of registration. A copy of the financial personal account or other document confirming the right to use the premises or the right to own it.

5. Written consent of all adult family members to accept a child in the family (taking into account the views of children living with you who have reached the age of 10). It is written in free form.

6. Autobiography. The usual resume will fit: born, studied, career, awards and titles.

7. Copy of marriage certificate (if you are married).

8. Copy of pension certificate (SNILS).

9. Training Certificateand (PDS).

10. Application for appointment as guardian.

In some regions of Russia, the entire package of documents can be sent via the Internet using the “Unified portal of public services”. But it is better, of course, to take the documents in person, taking with them a passport. And get acquainted with those specialists of the guardianship and trusteeship body, who will subsequently congratulate you on replenishment in the family.

Please note: absolutely all documents, their copies and other information necessary for establishing guardianship are provided is free. The "shelf life" of the most important documents (paragraphs 2-4) is one year. The medical report is valid for half a year.

We communicate with guardianship authorities

So, your package of documents is in custody and guardianship. But even if all the documents are perfect, in order to put you on record, there is not enough of the last document, which the experts will produce themselves after a visit to your house. This visit should occur within 7 days after the submission of the main package of documents. This is an act of examining the living conditions of a citizen who has expressed a desire to become a guardian.

In this act, the guardianship authority assesses “the living conditions, personal qualities and motives of the applicant, his ability to raise a child, the relationship that has developed between family members”. In practice, it looks like this: experts come to visit you, and, inspecting the housing, ask additional questions and fill out their form, where they make the necessary notes. Searing in front of specialists or, conversely, getting up in a pose, annoyed at the interference of outsiders in private life, there is no sense. Just tell it as it is. If there are obvious flaws (for example, lack of space for classes, toys) - share plans on how you are going to fix it. Truth is always the best choice.

It happens that the specialists of the guardianship authorities are not satisfied with the footage per child. Sometimes the "tightness" is imaginary: when the number of people registered in the apartment exceeds the number of actually living citizens. This is easy to prove by providing additional documents confirming the residence of the “absent” at other addresses. If there really are few meters (the minimum living standards in each region and municipality are different, and they tend to increase), but the conditions for the child are comfortable, then the guardianship and trusteeship authority must proceed from the interests of the child. It will be useful to recall the December decree of the president “On some measures to implement state policy in the field of protecting orphans and children left without parental care”. It refers to a decrease in the requirements for the standard of living space when placing children in a family. If this also does not help, the approved inspection report can be challenged in court.

The inspection certificate is issued within 3 days, after which it is approved by the authorities, and sent to you - within 3 more days. And only after that, the guardianship and trusteeship body combines the entire package of documents and issues a conclusion on the possibility of a citizen to be a guardian. This can take up to 10 days. In the case of a positive decision, this conclusion will become the basis for registration - an entry in the journal is made within 3 days.

The conclusion about the possibility of being a guardian is a document valid for two whole years throughout Russia. With him, you can contact any guardianship authority or any regional operator of the Federal Database with a request for the selection of a child. Based on the same conclusion, the guardianship authority at the child’s place of residence will draw up an act appointing you as a guardian.

We are looking for a child and arrange custody

On how to find "their" baby (or no longer a baby), we have repeatedly told. If you intend to take a child to your family in your region, you can search officially, through the regional operator of the Federal Database (FBD). But if you are ready to go after the child even across the country, and look for it everywhere at the same time, this option will not work, because you cannot submit the application to the second operator until the first fulfills your request. In addition, the search using regional operators is designed so that you need to select a number of parameters - the age of the child, the color of eyes and hair, the presence of brothers and sisters, etc.

In practice, many happy and successful adoptive parents ended up taking not the kind of children they planned to find in the family. Everything was decided by the visual image of the child - once seeing a video or photo, parents could no longer think of anyone else, and completely forgot about those preferences that they imagined. So, families with “unpopular” eye and hair colors, with bouquets of diseases, along with brothers and sisters went to families. After all, the heart does not understand the parameters of the FWA.

You can not only see, but also hear the voice of your unborn child in the video form database “Change one life” - the largest in Russia. In a short video you will see how the child plays, moves, what he knows how to do and hear, what he lives and what he dreams about.

After the child is found, you must familiarize yourself with him and make contact, and also have the right to familiarize yourself with the documents from the personal file of the child and study the medical report on his state of health. To do this, send an application to the appropriate regional operator and fill out a questionnaire. Within 10 days you will be given information about the child. And if you are ready to go further - the direction of acquaintance.

Suppose it all ended wonderfully: you visited the child several times, perhaps even asked him for a short walk, and made the very “contact” that was mentioned in the direction. Then the most important thing remained: to draw up an act on the appointment of a guardian.

This act is attention! - drawn up by the guardianship authority at the place of residence of the child. If the boarding school or the orphanage where the child is being raised is far away, try to arrange with specialists that they try to accept the application and draw up the act in one day - otherwise you will have to travel to the remote locality twice.

If everything goes well, you will be invited to the guardianship authority for the receipt of the act and certificate of the guardian, and the institution will prepare the child and his documents.

Getting ready for a new life

So, you can be congratulated: you were given a guardian’s certificate, and the child leaves the boarding school and goes to the family!

Together with the child you will be given a couple of kilograms of documents from his personal file for signature *. Do not rush to put them in folders: you will only have a part of the documents at home: the student case (if any) will go to school, and the rest - to the archive of the guardianship and trusteeship authority now your place of residence (registration), where you have yet to register.

* - the list of documents of the child can be found in Appendix 4

There you will write an application for a one-time allowance (today it ranges from 12.4 to 17.5 thousand rubles, depending on the region) and, if you wish, an application for the establishment of a foster family. After you register, you will have to perform a number of actions - such as opening a current account in the name of the child (getting a Sberbank), temporarily registering the child at your place of residence, applying for a tax deduction, etc. Specialists of the guardianship and trusteeship agencies will tell you about all this. And they will also have to give you an order - permission to spend the money transferred monthly for the maintenance of the child.

If the child is a school-age child, he will also need to enroll in school (it is better to take care of this in advance), inclusion in preferential lists for summer holidays. If you plan to travel abroad - take care of obtaining a passport for a minor. If the child has savings, transfer them to a profitable replenished deposit in a reliable bank.

There is a lot of trouble, but most of them are pleasant. After all, these are the first manifestations of caring for a child and protecting his interests by you, already as his legal representative.

Making a foster family

If you nevertheless decided to register a foster family, then for this you must again return to the specialists of the guardianship and trusteeship body, and draw up an appropriate contract. The contract is concluded within 10 days from the moment you are appointed guardian and should include:

1. information about the child or children being brought up for foster care (name, age, state of health, physical and mental development);

2. The term of the contract (i.e. the period for which the child is placed in a foster family);

3. conditions of detention, upbringing and education of the child or children;

4. rights and obligations of adoptive parents;

5. rights and obligations in relation to the foster parents of the guardianship authority;

6. grounds and consequences of termination of such an agreement.

As soon as the contract is signed, gratuitous guardianship becomes paid. And now, not the guardian’s testimony, but the order to create a foster family will be the main document that says that you are the legal representative of the child.

In the office of the guardianship authority you will have to write another statement - on the payment of a monthly fee. As a rule, it is equal to the minimum wage in the region. If specified in the contract, then you may also be paid remuneration from income from the child’s property, but not more than 5% of the income for the reporting period during which the adoptive parent managed this property.

The contract can be concluded both in relation to one child, and in relation to several children. Please note - in case of a change in registration at the child’s place of residence, the contract is terminated and a new one is concluded.

In preparing the material, these manuals were used, “Socio-legal foundations of placing children without parental care in family forms of education” (Family G.V., Golovan A.I., Zueva N.L., Zaitseva N.G.), prepared with the assistance of the Ministry of Education and Science of the Russian Federation and the Center for the Development of Social Projects, and taking into accountfederal law asoctober 1, 2013.

In this article:

Some couples who are unable to conceive their children come to the decision to adopt a child. Many of them want to go through all the parental joys and trials: do not sleep at night from the nightly colic of the baby or teething the first teeth, see the first uncertain steps of the baby and much more. In this case, they decide to adopt a newborn baby - "refusenik".

Adopting a child directly from the hospital is not an easy procedure. A large number of couples want to adopt a newborn child in order to begin their upbringing themselves. Citizens of Russia and foreign citizens can take a child from the hospital, subject to all necessary rules.

Guardianship Queue

The demand for abandoned children is very high, so if you are determined to adopt a newborn child, “take” the line. To get on the list of families who want to take their child up, contact the guardianship and trusteeship authorities.

While waiting, you need to collect all the required documents for adoption. The procedure takes place through a court with the participation of guardianship authorities and the prosecutor.

The list of documents is as follows.:

Photocopies of two passports (future adoptive mother and father);
Application for guardianship authorities;
Health certificates for future adoptive parents;
The consent of the husband or wife, notarized;
Act (conclusion) on the inspection of living space by the housing commission;
Act (conclusion) on the inspection of living space by the guardianship and trusteeship authorities;
Personal account statement;
Extract from the house book;
Certificate of income for both parents;
Description from the place of work (position, duties, discipline).

Mandatory requirements for adoptive parents:

Certificate of no criminal record for both parents (given in the Department of Internal Affairs);
Adoption permit certified by a notary;
Certificates for the absence of diseases (it is necessary to visit a tuberculosis, skin-venereologic, narcological, neuropsychiatric, oncological dispensary, to pass tests for AIDS). The certificates must be issued on special forms issued by the guardianship and guardianship authorities, contain the conclusion of the commission, the signatures of the members of the commission, individual seals, the seal of the medical institution, the resolution of the therapist and neurologist;
An extract on the number of people registered in the apartment and the right to housing, an extract from the personal account of the apartment;
Copy of marriage certificate;
Brief autobiography.

After the turn has come and all the documents have been collected through the guardianship and guardianship authorities, the process of registration of adoption begins. The total time depends on the speed of providing the data requested from the adoptive parents and on the appearance of the desired child in the hospital.

The requirements for adoptive parents are very strict and serious: they are healthy and energetic people who can get positive feedback, have regular wages, the necessary conditions for living with a child. The created commission will evaluate the possibilities for adoption, check all the documents and information provided, and draw up a written opinion. A negative opinion can be challenged in court.

Also, the total family income should be greater than the cost of living and consent to adoption should be mutual. Be sure to discuss all the details with your spouse so that during the interview, the commission is confident in your honesty and decency.

Information about newborns that are officially denied is immediately reported to the authorities. Among maternity hospitals where it is possible to adopt a newborn child, it is better to choose maternity hospitals in large cities, since many come to births from the regions. This will significantly reduce the waiting time.

Try not to be nervous, calmly and decisively go towards your goal in order to prepare as best as possible for the adoption of a newborn baby and, despite the large number of nuances, make this event quick.

Useful video on how to adopt a child

Every tenth couple in Russia, due to the inability to give birth and raise their babies, faces the process of adopting a child from an orphanage. In practice, it has been shown that orphans become closest to foster parents in a new family, they are loved the most, and foster parents get a tremendous opportunity to become full-fledged parents.

If you want to adopt a child, you can go to this site https://www.babyblog.ru/community/lenta_cat/adoption/13910. Here is a catalog of photographs of children from a baby house who are looking for their parents.

And on this site https://changeonelife.ru / you can not only choose a baby's house, but also make a donation to the prosperous life of orphans.

Both residents and non-residents of the Russian Federation can adopt a child from an orphanage. There is one system by which a child can be adopted from an orphanage, as well as laws that control this system.

Usually, young parents try to adopt a child up to one year old. This suggests that the child in these years does not know his real parents, which means that you can not tell him the truth. For such purposes, an infant up to one year old can be adopted and obtained permission to enter a new date of birth on the certificate.

Children who can be adopted

Children can be adopted only by minors, given their interests and the ability to provide them with a full life.

You can adopt a baby if its blood parent or both parents:

abandoned him;
died;
recognized as missing;
recognized as unemployed;
deprived of parental rights;
do not live with a child and refuse to raise him;

Different families cannot adopt brothers and sisters, except in situations where adoption is for the benefit of children (for example, they do not know about the existence of blood brothers and sisters, have not lived together, are in different houses of the baby).

Only the court can agree to the adoption of the baby. On some day, a trial is underway that announces the final adoption decision. If the court made a positive decision, the baby will be issued a birth certificate, which will be spelled out the name of his adoptive parents.

If the court decision is not in your favor, it can be appealed when applying to higher authorities, but usually for adoptive parents the adoption procedure is successful.

Adoptive Requirements

The law spells out the requirements for the adoptive parent, but in the reverse order, indicating the most important points.

If these items are available to foster parents, they may rightfully be refused:

facesrecognized as unemployed;
spouses, one of which is recognized as unemployed;
faceswho have been deprived of parental rights;
faceswho cannot be guardians by decision of a judicial institution;
adoptive parents in the pastwhose adoption the court rejected by their mistake;
faceswho cannot fulfill parental rights due to health reasons;

Collection of documents

In order to adopt a child from a baby’s house, it is important to collect a package of documents:

You must write a statement to the guardianship service.
Duplicate passports of adoptive parents.
Documents on income.
Written consent for adoption, certified by a notary.
Medical report on health status.
Documents on the availability of living space.
The employer must write a description of the adoptive parents.

Adoption Payments

The amount of payments for adoption should be indexed every year along with annual inflation, because in 2016 such a payment is officially 15 thousand rubles.

This amount can increase to 100 thousand rubles, if you adopt children of a special category, which are usually attributed to:

disabledwho have not reached the minority;
to kid 7 years old;
simultaneous adoption 2 or more children;

Trial

The adoption trial is closed. Only those people who participate in the trial and are related to adoption can attend it. There should not be outsiders. If the adoptive parents want to keep the adoption secret, then each participant signs a non-disclosure document.

The court considers the case in the presence of the prosecutor, the applicants, the guardianship authorities. By the way, the court can conduct the process without a representative of the baby’s house. The trial begins with a personal verification of each participant.

The court makes a decision after the end of the case. He makes a decision in the name of the Russian Federation. The decision is signed by the judge. If you disagree with the decision, you can contact the higher authorities.

Governmental support

Law of the Russian Federation 10 “On the state budget” for the period of 2016, prescribes the amount of indexation of federal benefits to people who have adopted children, amounting to 15 thousand rubles.

The amount of the benefit is paid together with the regional indicator. Adopters may be granted benefits and additional payments.

Every month in the Russian Federation a benefit is paid. To resolve the issue of granting benefits, contact the department of guardianship, which is located at the place of permanent registration. The allowance is paid at the place of registration.

Foster parents can claim compensation, which is assigned in the amounts of:

For the first child the amount is 20% of the parental salary, which is taken for the maintenance of the child in a special educational institution.
For the second child the amount is 50% of the parental salary.
On the third child the amount is 70% of the parental salary.

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A foster family is a form of device for raising children left without parental care. Citizens who want to bring up, left without parental care, are called adoptive parents ...

I. General Provisions

1. A foster family is one of the forms of placement in the upbringing of children left without parental care. Citizens (spouses or individuals) who wish to bring up a child (s) left without parental care are called adoptive parents; the child (ren) transferred to foster care is called an adopted child, and such a family is called an adopted family.

Foster parents in relation to the adopted child (ren) have the rights and duties of the guardian (guardian).

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 a family.

The agreement on the transfer of the child (s) is concluded between the guardianship authority and the foster parents in the form in accordance with Appendix No. 1.

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

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

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

II. The procedure for organizing a foster family

6. Foster parents (parent) may be adults of both sexes, with the exception of:

persons recognized by the court as legally incompetent or partially capable;
persons deprived of court parental rights or limited by court parental rights;
suspended from the duties of a guardian (trustee) for improper performance of the duties assigned to him by law;
former adoptive parents, if the adoption is canceled by the court through their fault;
persons with diseases, in the presence of which it is impossible to take the child (children) to foster care.

7. Persons wishing to take their child (s) into foster care shall submit an application to the guardianship authority at their place of residence with a request to give an opinion on the possibility of being foster parents.

The following must be attached to the application:

a certificate from the place of work indicating the position and amount of wages or a copy of the income statement certified in the prescribed manner;
a document confirming the availability of housing for a person (s) who wants to take the child (s) into foster care (a copy of the financial personal account from the place of residence and an extract from the house (apartment) book for tenants of the premises in the state and municipal housing fund or a document , confirming the ownership of the premises);
copy of marriage certificate (if married);
medical certificate of a medical institution about the state of health of a person (s) who wants to take a child into foster care. The procedure for examining the health status of persons wishing to take a child into foster care is determined by the Ministry of Health and Medical Industry of the Russian Federation.

A person applying for an opinion 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 him.

8. In order to draw up a conclusion on the possibility of being foster parents, the guardianship and trusteeship authority draws up an act based on the results of a survey of the living conditions of persons (persons) who wish to take their child (s) into foster care.

9. On the basis of the application and the act of examining the living conditions of persons (persons) who wish to take the child (s) into foster care, the guardianship and trusteeship authority within 20 days from the date of application with all 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 the person (s) expresses a desire to bring up a child with poor health, a sick child, a child with developmental disabilities, a disabled child, the conclusion should indicate that the adoptive parents have the necessary conditions for this.

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

10. A negative conclusion and the refusal based on it to conclude an agreement on transferring a child to foster care by the guardianship and trusteeship authority shall be notified to the applicant 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. For the selection, training of persons (persons) who wish to take their child (s) into foster care, as well as monitoring the fulfillment of their duties, the guardianship and trusteeship bodies, executive authorities of the constituent entities of the Russian Federation can create departments for placing children on foster care.

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

When selecting a child (children) from educational institutions and medical institutions, social protection institutions or other similar institutions, regardless of their departmental affiliation and legal form, the administration of these institutions is obliged to familiarize persons (persons) who want to take the child (children) on education, with the personal file of the child and a medical report on his health status.

The administration of the institution is responsible in the manner prescribed by law for the accuracy of the information provided about the child.

13. For the child transferred to foster care, the administration of the institution (or the person who has the child) shall submit to the guardianship authority the following documents:

birth certificate of a child;
documents confirming the legal grounds for transferring the child to foster care (death certificate of the parent (s), a copy of the court decision on the deprivation of the parent (s) parental rights, recognition of the parents as legally incompetent, missing or dead, an act confirming that the child was tossed, and others);
a conclusion on the state of health, physical and mental development of the child, issued by the expert medical commission in the prescribed manner.

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

The statement 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) to foster care is concluded between the guardianship authority at the child’s place of residence (location) and the foster parents.

15. An agreement on the transfer of a child (children) to a foster family should provide for the period for which he is placed in a foster family, the conditions for the upkeep, upbringing and education of the child (children), the rights and obligations of adoptive parents, and the duties towards the adoptive family of the body guardianship and trusteeship, as well as the grounds and consequences of the termination of such an agreement.

16. Foster parents are obliged to bring up the child (s), take care of his health, moral and physical development, create the necessary conditions for him to receive education, prepare him for independent life. Foster parents are responsible for the foster child (ren) to society.

17. Foster parents (parent) are legal representatives of the foster child (s), protect their rights and interests, including in court, without special authority.

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

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

19. An agreement on the transfer of a child (children) to a family can be terminated ahead of schedule at the initiative of foster parents if there are good reasons (illness, changes in marital or property status, lack of understanding with the child (children), conflict relations between children and others), and also at the initiative of the guardianship and guardianship authority in the event of an unfavorable condition in the foster family for the maintenance, upbringing and education of the child (s), in case of return of the child (s) to parents, in case Enka (children).

All property and financial issues arising as a result of early termination of the contract shall be resolved by agreement of the parties, and if a dispute arises, by a court in the manner prescribed by law.

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

20. A child (children) who is left without parental care is transferred to foster care:

orphans;
children whose parents are unknown;
children whose parents are deprived of parental rights, are limited in parental rights, are recognized by the court as legally incompetent, missing, convicted;
children whose parents due to health reasons cannot personally bring up their upbringing and maintenance, as well as children left without parental care, who are in educational, medical and preventive institutions, social welfare institutions or other similar institutions.

21. At the request of persons (persons) having the necessary conditions, it is possible to transfer to them for foster care a child (children) with poor health, a sick child (children), a child (children) with developmental disabilities, a child (children) - disabled person.

22. When a child (children) is brought up for foster care, the guardianship and trusteeship body shall be guided by the interests of the child.

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

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

24. Children who are related to each other, as a rule, are transferred to the same foster family, unless, for medical reasons or other reasons, they cannot be brought up together.

25. For each child transferred to a foster family, the guardianship authority or the administration of educational and medical institutions, social welfare institutions and other similar institutions shall transmit the following documents to foster parents:

birth certificate;
extract from the child’s development history (newborn’s history) about the state of health;
a certificate of maternal health and the course of childbirth (in the case of a child being transferred from a maternity hospital, maternity ward of a medical institution);
document on education (for school children);
documents on parents (copy of death certificate, verdict or court decision, certificate of illness, search for parents and other documents confirming the absence of parents or the impossibility of raising their children);
certificate of availability and location of brothers and sisters;
an inventory of the property belonging to the child and information on the persons responsible for its safety;
documents confirming 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 at a banking institution.

These documents are transmitted directly to foster parents no later than two weeks after the conclusion of an agreement on the transfer of the child (s) to foster care.

26. A child (children) transferred to a foster family retains the right to a pension due to him (in case of loss of a bread-winner, disability) and other social payments and compensations, which are transferred in accordance with the legislation of the Russian Federation to accounts opened in the name of the child ( children) at a banking institution.

The child (s) also retains ownership of the dwelling or the right to use the dwelling; in the absence of residential premises, he has the right to provide him with residential premises in accordance with housing legislation.

27. The guardianship authorities at the location of the property (including the living quarters) of the child (ren) provide control over its use and safety.

28. A child (children) in a foster family has the right to maintain personal contacts with blood parents and relatives, if this does not contradict the interests of the child (children), its normal development, and upbringing. Contacts of parents with a child (children) are allowed with the consent of the adoptive parents. In controversial cases, the order of communication between the child (s), his parents, relatives and adoptive parents is determined by the guardianship authorities.

IV. Material support of the foster family

29. For the maintenance of each adopted child (s), the adoptive family is paid monthly cash for food, the purchase of clothing, shoes and soft equipment, household items, personal hygiene, games, toys, books and the benefits established by the legislation of the Russian Federation for educational pupils are provided institutions for children - orphans and children without parental care.

Funds for the purchase of furniture are allocated for the child (ren) brought up for foster care for one year or more.

30. Based on the established standards of material support, local governments allocate funds for the adopted child (ren) at actual prevailing prices in this region.

Based on the decisions they make, local authorities allocate funds to foster families for heating, lighting, maintenance, housing, furniture and payment for household services.

The funds allocated for the maintenance of the adopted child (ren), monthly, no later than the 20th day of the previous month, are transferred to banking institutions in the bank accounts of the adoptive parents (parent).

The amount of money necessary to support an adopted child (s) is recalculated quarterly taking into account changes in prices for goods and services.

31. When a child (children) is brought up for foster care for a period until he reaches the age of majority, foster parents shall be paid money until the child (children) reaches the age of 18 years.

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

33. Foster parents keep records of expenses in writing on the receipt and expenditure of funds allocated for the maintenance of the child (children). Information about the spent funds is submitted annually to the guardianship authority.

The 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 and shops supplying educational institutions.

35. The foster family enjoys the pre-emptive right to receive permits for children, including free ones, in motels, health camps, as well as holiday homes, motels for joint recreation and treatment of adoptive parents with children.

36. Issues of material and housing support not stipulated by this Regulation are considered and decided by local authorities.

Discussion

We are from Novosibirsk.

Yes, a large family, but we had one child from the orphanage, and the contract was like a foster family since we have three children.

Good afternoon. My question is: since 2004, we have concluded an agreement with our administration (guardianship department) on a foster family, we have two children of relatives and one adopted child, and this child was 18 years old on December 1, 2015, but he is currently studying in educational institution "Do our children have the right to free use of public transport as they all study in different educational institutions?

Hello!!! My family adopted a foster family. The boy is 5 years old, his name is Bogdan, a glorious child. He has been living with us for seven months now, in fact, according to the documents for 4 months, because 3 months were spent on registration. So, for these four months, only four thousand were transferred to a child. Appealed to the guardianship authorities, I received no response. Tell me where I should go to solve this problem.

my husband and I organized a foster family. officially shut down labor. an agreement with the city administration, but I was refused the payment of children's allowances for the care of children under 1.5 years of age because of this very labor of the agreement. it is legal?

09/30/2008 00:16:39, milf

I want to ask a question: when creating a foster family, do I have to pay paid leave to care for a child under 1.5 years of age. I called the local social insurance (Asha Chelyabinsk region). I was told that if the foster family, then social insurance does not reimburse the employer. The same mom was written on the social insurance website for 2007. How to be. For me (I live) the foster family is the best option for at least two years, and then when I go to work, I can already adopt.
Thanks in advance for your reply. On Friday, you need to decide what I choose.

08.20.2008 21:00:39, Svetlana

If you are in Russia, then they told you nonsense ...

Can they refuse my custody on the grounds that the child is small (3 years)? In the DR, where he is located, they told me that their children are only subject to adoption, and custody is only for close relatives.

Comment on the article "Regulations on the foster family"

Foster family. Tell me, should I work in order to take the child into a foster family, according to the contract ... I have in my hands a conclusion for adoption.

Discussion

There are two of you? 40 thousand for the eyes is enough. Whether you work or not, it doesn't matter. It is important that the amount of money should be more than the cost of living multiplied by the number of family members.

There is little registration - payments are made at the place of residence or after adoption in Moscow time.

Monthly payment for the maintenance of children in foster care, foster care.
15 000 rub. per child under 12 years old;
20 000 rub. per child aged 12 to 18 years.
25 000 rub. for each disabled child under the age of 18 years.
If there are three or more children in the family:
18 000 rub. for each child under the age of 12 years;
23 000 rub. for each child from 12 to 18 years.

Payment of monthly remuneration to foster parents. If there are three or more foster children in a foster family, remuneration is paid to both foster parents
15 155, 00 rub. for each child taken up;
25 763, 50 rub. for raising every disabled child.

Discussion

It seems to me that if you have a mood for two, then you should take two at once, moreover, siblings, it is more difficult for them to get settled, and it may be easier to adapt. A double adaptation ... well, it will be more difficult if only one child starts to settle down, and you go for the second, get a kickback. I must say right away that my opinion on this is purely theoretical. I did not take two children at the same time.
By age: by my nature, I would consider the option "from 5 years old" - this is already my own planet. There will be less competition than two-year-olds with their third-year crisis. And the requirements for mom are different. In something heavier, but in something easier. I took to eight and two eight. It turned out well.

And I would advise either peers or younger. Gender in general does not matter. Everything depends on you. Boys are mostly jokers. It takes a lot of strength and energy. If there is a dad, then everything is simplified many times. If more than one, I would advise the siblings, either in turn. At least in half a year. It will be easier for you, because your own is still small. Based on their own experience, after half a year, children become calm and domesticated. +/- month. If you want, check out our albums) (0000,1234, 020213 - passwords.)

I do not agree. The foster family is made out under the contract for the transfer of the child to the family. The contract is executed in Moscow. Upon moving to Krasnoyarsk, a dopnik will be issued.

Discussion

Buy an apartment before marriage or enter into a prenuptial agreement where ownership of property will be prescribed

After all, are you moving to the groom? So you must have a lease.
Here, the PLO informs about the imminent move (I would have done this no earlier than a week), take away the child’s case, terminate the PS agreement, and as soon as possible get registered in the area where you will live and that's it. And about moving from rented housing to purchased - also, according to a simplified scheme))

11/27/2012 11:03:31, Anch

Foster family and mortgage. Good day, confection! The situation is as follows: we have a substation for 2 years, we are expanding right now, we are selling our kopeck piece, we are buying a three-ruble note.

Discussion

Thank you all very much for the answers! I will take a lot of notes. But while you answered me, I talked to my realtor office and still went to Sberbank. In short, I will focus on the consumer, yes, the percentage is higher, but the trouble, payments and securities are many times less. And in this case, everyone is very happy with my 2NDFL from Sobesa! Well, I will overpay
and okay ... But quickly, because the deal is coming soon. Thank you, honey! And good luck to everyone)))

Cool with you! And here, in the Rostov region, ZP PR pays custody. Rather, accrues an accountant from education management, in charge of guardian money.

Foster family and payments. Tell me, in addition to the salary payment to the parent, in the foster family, is money also paid for the maintenance of the child? In Moscow, it is 15 thousand ...

Discussion

Salary and child support payments are paid. not work is unlikely to succeed, as this money is not enough for you.

No more than eight children are transferred to a foster family, well that's all. PS, as it were, was conceived for difficult cases, but now you can take one child into it.

The surname of the child does not change, since you are not legally a parent to him. The child himself, upon reaching the age of 14, if he wants, then upon receiving a passport he can take your surname. And unlike adoption, where it’s like a secret and all that, the adoptive parent does not have the right to interfere with the child’s communication with bio-relatives, if this does not harm him, well, and much more. As well as checks, reports. The haze is shorter.

Volunteers are not just doing what))) But not every child can be arranged in a family. Some children in the DD are temporarily at the request of their parents, and there is everyone else there. And so it is as an option that has the right to life. That's exactly how I met my son.

If you can justify trusteeship that all conditions will be created for children, for sleeping, studying and relaxing, then they will not refuse you.

But here the question is a little different. You are planning 2 children, not having the slightest idea about these children. To an untrained person of two grown children - this is cool))) There is every chance that you can’t cope and bring the children back. This is not as easy as it seems, then everything is perceived with a smile and it seems that the whole adaptation is garbage, and when the process itself is in full swing, it’s like some kind of under-entertainment. Take one child, then the second (if the desire does not disappear by then). No need to drive horses and heroism. All children cannot be helped, but if you pull one child out of the system, then this is already a big deal. The child needs a loving mother, and not zadolbanny with everything that is possible and impossible)))

But this form of relationship until the age of 18 is negotiable. Risk - there is a likelihood of the child returning to the family or transfer to adoption. BUT with the consent of the adoptive parent or guardian. The agreement may be terminated at the initiative of one of the parties. For example, the administration will not have the means to pay the salary and it can either offer to renew the relationship or terminate the contract and pick up the child.

If the child has a mother alive and theoretically can appear, then I would be inclined only to adoption. For here is my child and the point.
Foster family, patronage - in this sense, the most disenfranchised forms. If I understand correctly, a child can be picked up (bio or for adoption), simply by informing you "deign to bring him such and such a number there and there."
It is still better with custody ... but if the bio is restored to its rights and wants to pick up the child, the lawsuit will not be weak, the nerves will be spoiled.

28.07.2006 11:58:51, -=-

Guardianship or foster family ?. Legal and legal aspects. Adoption. Discussion of adoption issues, forms of placement of children in families, raising foster children ...

Discussion

I'll try to tell. There are many thoughts, there are pros and cons to this project. The advantages are mainly of the material order. A foster child is assigned a small pension, it is transferred to his account and upon reaching adulthood he receives it. Foster parents are paid something like a salary or, rather, it's just money to support a child. A little less than 60 dollars. (the salary of a nurse in Lviv is the same). What else. At the age of 14, the child is put on the waiting list for housing. Benefits for admission to college. Once a year, the recovery of the child for the state. score. If the child is sick and requires expensive treatment (surgery), then it is easier to achieve the allocation of funds for treatment (but this is in words). Once every 2 years, the foster family with all their children, regardless of origin, is invited for 2 weeks to the School of foster families. As a rule, this is in the south, by the sea. Parents study for half a day, teachers take care of the children, then all families get to know each other, talk and relax together (I liked this the most :))
But all this magnificence (for me, at least) is crossed out with a bold line - the child is not mine, and if the project is curtailed or the aunt in the administration changes her mind, then ....
:) Do you know what thought occurred to me? :) Is that better? :) A young, energetic, rich, cheerful lover, the soul of the company and a shirt-guy, ready to have fun and dance the night away and give a million red roses. Or a husband, in a cozy, thick, warm home shirt, clinging to his native shoulder, watching a movie by a video player who brings tea with lemon and softly kisses his temple. It’s gloomy and taciturn, and sometimes in the morning it quietly gets up and entertains the baby so that you can sleep an extra hour. Well, who is better? :) Who is it, right? :) Here it is. Someone wants to give family, love and a normal life to an orphan, while someone just wants a child, his own. My husband is categorically against it, only adoption, I try to reason. I like everything until I get to the last point - that's all.

Girls, I’ve gone, I’ll write about everything tomorrow, okay? In a word - the project, of course, is very good, but not my way.