Guardianship and trusteeship of minor children

Russian legislation pays special attention to issues related to guardianship and trusteeship.

The procedure for establishing guardianship, the requirements for guardians, as well as the rights and obligations of guardians and children under guardianship are prescribed in the Family Code of the Russian Federation. Our article, in turn, contains all the main points that a person who has expressed a desire to become a guardian needs to know. What specific requirements are imposed on a potential candidate, because not everyone can become a guardian.

Regulatory and legal documents governing guardianship and trusteeship

Guardian children are young citizens of the Russian Federation who are appropriately raised and supported by the bodies of the board of trustees, or by adoptive parents or other legal guardians. On the territory of the Russian Federation, guardianship and trusteeship of all minor children is regulated by the following provisions of the regulatory framework:

1. Civil Code of the Russian Federation, articles 31-34 of the current document.
2. Family Code of the Russian Federation, chapter 20.
3. Housing Code of the Russian Federation
4. Federal Law “On Guardianship and Trusteeship”
5. Resolutions of the Government of the Russian Federation and the Supreme Court.

Adoption

This form of ensuring the development of a child is similar to a full-fledged family. You should know that:

• You can only adopt a child by court decision. At the same time, the secrecy of adoption is strictly observed, which should never be disclosed to anyone. This also applies to participants in the trial, including the judge, secretary, prosecutor, guardianship representative, whose presence during the consideration of adoption is mandatory;
• Adopting a child means becoming a family for him forever; such relationships are free of charge (no payments are due) and indefinite. At the same time, newly made parents acquire those responsibilities and rights that are provided for by the Family Code of the Russian Federation.

Responsibilities

For example, claims may be made against such parents regarding upbringing, maintenance, development, ensuring proper treatment, etc.

Rights

Their rights include free choice of the type of educational institution for the child, the opportunity to represent the interests of children (including acting as legal representatives in property matters), and also, after the children reach the age of majority, to claim their maintenance in the event of incapacity for work.

There is no monthly maintenance for an adopted child, but, taking into account the analogy with a real family, a parent has the right to receive a one-time allowance (which is given to everyone at the birth of a child, as well as in connection with the adoption of a child into the family) and maternity capital (if the child is the second or subsequent). The adoptive parent is not obliged to report to the state about the disposal of benefits.

What is needed for adoption

• You can only adopt a minor child;

• consent must be obtained from: the guardianship authority
• child (if he is 10 years old)
• a spouse who is not involved in the adoption.

As you can see, the law provides for all the nuances so that the child feels like family in the adoptive family. At the same time, family legislation puts forward strict requirements for those who wish to become adoptive parents. Before going through the trial preparation process, you must meet certain criteria.

Guardianship and trusteeship - what is the difference?

Guardianship is established for children under the age of 14, trusteeship for children aged 14 to 18. After 18 years of age, the child is recognized as fully capable, as a result of which he no longer needs guardianship. An exception will be a child with a disability.

Distinctive features of guardianship and trusteeship:

• Protected person. In case of guardianship, these can be children under 14 years of age, as well as completely incompetent citizens; in case of guardianship, these can be children from 14 to 18 years of age, as well as persons with limited legal capacity.
• Range of duties. A guardian actually replaces parents for a child or an incapacitated person, while a trustee is endowed with significantly fewer rights and responsibilities.
• Property disposal rules. The guardian makes important transactions on behalf of the ward and, in certain cases, with the consent of the guardianship and trusteeship authorities. The trustee only gives consent to the ward to carry out certain transactions.
• The circle of persons included in legal relations. In guardianship it is the guardian and the ward; in guardianship it is the trustee and the ward.

In general, we can conclude that the concepts of guardian and trustee are very similar to each other, although they have a number of certain features.

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Types of child custody

Regardless of the type of guardianship, the procedure for registering guardianship is identical. The citizen must prepare documents and submit an application to the guardianship department. Guardianship is appointed by resolution of the local government body.

In the Russian Federation, guardianship and trusteeship are divided into the following types:

Depending on the age of the ward;

1. minors;
2. incompetent;
3. minor parents.

Separately, it is necessary to highlight the option when the parents of the newborn are not endowed with full legal capacity. In this case, the appointment of guardianship will also be required.

Guardianship of a minor is assigned if the parents are unable for good reason or do not want to fulfill parental responsibilities.

Valid reasons include:

• death;
• recognition as dead;
• recognition as missing;
• search;
• serving a sentence in prison;
• disease;
• deprivation of legal capacity.

If a parent does not want to fulfill responsibilities in relation to the child, then before appointing guardianship it is necessary:

• deprive him of parental rights;
• limit his parental rights.

Thus, the guardian of a minor, in fact, replaces his blood family.

Incompetent

From the moment a citizen reaches 18 years of age, he is automatically granted full legal capacity. That is, he can use civil rights and bear civil responsibilities in full.

In exceptional cases, the law provides for the possibility of depriving an adult of legal capacity. Among them:

• a mental disorder in which the patient cannot assess the consequences of his actions and threatens the life and health of other citizens;
• alcohol or drug abuse that has led to a mental disorder.

Legal capacity can be restored in court. In this case, guardianship is canceled.

Minor parents

If the mother and father of the newborn are under 18 years of age, then it is advisable to appoint guardianship over him. In accordance with Art. 62 of the RF IC, a minor mother and father can independently perform parental responsibilities if they have reached 16 years of age.

But if their age is under 16 years, then the appointment of a guardian is required who will protect the children's rights on an equal basis with his parents.

Guardianship is revoked when the mother or father reaches 16 years of age.

Depending on the status of the ward;

When assigning guardianship over a minor child, his status matters.

In 2021, the following options stand out:

• parent child;
• identified minor
• a child granted the status of being left without parental care.

Depending on the status, the procedure for registering guardianship and the list of documentation that must be submitted to the authorized body differ.

Temporary (at the request of parents)

Art. 13 Federal Law No. 48 of 2008 establishes the possibility of obtaining guardianship for children whose mother and father are temporarily unable to perform their duties.

Features of guardianship upon application:

• parental rights and responsibilities are retained in full;
• the resolution must contain a validity period;
• issued if there are compelling reasons (studying in another city, business trip, working on a rotational basis);
• the candidacy of the guardian is chosen by the parents;
• the consent of both mother and father is necessary;
• the child does not receive the status of being left without parental care;
• The guardian does not receive payments or benefits.

Preliminary

Art. 12 Federal Law No. 48 of 2008 establishes the possibility of registering guardianship over a minor who has just been identified. Identification means obtaining the status of a child left without parental care.

Within 30 days from the date of assignment of status, the child’s relatives or strangers can obtain guardianship on preferential terms. This option is necessary to avoid placing the minor in a shelter while preparing documentation for permanent guardianship. Peculiarities:

• is drawn up according to 3 documents (a statement from the guardian, an inspection report of living conditions and a civil passport);
• valid for 6 months (in exceptional cases, additionally extended for another 2 months);
• the guardian does not receive the right to dispose of the ward’s property; cannot be assigned on a reimbursable basis.

At the end of preliminary guardianship, permanent guardianship must be appointed.

Constant

Permanent guardianship is a form of family arrangement for a child deprived of parental care. It is valid until the student reaches 14 years of age. After which it automatically goes into guardianship. The guardian fulfills his duties until the pupil reaches adulthood.

Depending on the payment to the guardian;

Gratuitous

The law provides for the payment of benefits for the maintenance of a minor pupil.

The needs of the incapacitated ward must be met through his pension. The funds are transferred to the nominal account of the guardian. But these payments must be spent in the interests of the ward. The legal representative must report annually on their expenditure.

The report is submitted to the guardianship department by February 1 of each year.

Paid

Paid guardianship is appointed under an agreement between the citizen and the district guardianship department.

The terms of the contract provide for the payment of a monthly fee to the guardian.

For representatives of minors, the amount is established by regional legislation. For representatives of the incapacitated, the amount is set individually, but not more than 5% of the ward’s monthly income. The recipient is not accountable for spending the funds.

Depending on the number of subjects.

The legislation provides for the possibility of participation in family education of several entities:

• guardianship over several wards;
• guardianship of one ward by several guardians.

Multiple guardians

Art. 10 Federal Law No. 48 of 2008 provides for the possibility of appointing 2 or more guardians to one ward. This decision is made by the guardianship department in the interests of the incapacitated or minor ward.

Representatives can independently share powers in relation to the pupil or ask specialists from the guardianship department to do so. If guardianship is appointed on paid terms, the remuneration is divided between the representatives in any proportion (at their request) or transferred in full to one of them.

Several wards

One guardian can be a representative of 2 or more minors and incapacitated citizens. The legislator recommends the simultaneous transfer of no more than 8 children (including blood children) to a family.

The maximum number of incapacitated wards is not established by law.

Who can be a guardian

When appointing guardianship authorities, they carefully select the candidate, who must be a person over eighteen years of age with full legal capacity.

It is not permitted to appoint persons as guardians who are not suitable for the following reasons:

• deprived of parental rights in court,
• limited parental rights,
• with alcohol or drug addiction,
• if you previously adopted children, but the children were taken away for their reasons,
• were previously a guardian, but were removed from their duties,
• for chronic diseases that do not allow caring for the person under care.

There is a closed list of chronic diseases for which one cannot become a child’s guardian, for example, tuberculosis, cancer, diseases of internal organs, the nervous system, and infectious diseases. The full list can be read in PP N 542 dated 05/01/96.

In addition to the above reasons, a good relationship and mutual understanding must be established between the guardian and the ward, since when appointing a guardian, the wishes of the child himself, who has reached ten years of age, will be taken into account. Moral and aesthetic qualities, upbringing, age, education and the activities of the guardian are also important. Children for whom guardianship is permitted must be well protected by the state.

Requirements for candidates

In order to become a guardian or trustee, you must meet certain requirements, which in Russia are officially enshrined in the current regulatory framework. As a rule, mandatory compliance with the following restrictions is provided:

1. presence of Russian citizenship, and in addition permanent registration on the territory of Russia;
2. Also, when assessing the situation, up to what age guardianship is established, we must not forget that one can become a guardian only from the age of 18;
3. it should be understood that in order to take a child into care there will need to be an age difference of at least 16 years;
4. this provides for a stable financial situation, and in addition the presence of a high income;
5. it is required to own property (housing) where the citizen taken into care will subsequently be registered;
6. the candidate must also prepare all documents in advance, including a certificate of no criminal record;
7. Along with this, it may additionally be necessary to have appropriate permission from the guardianship authorities and the board of trustees.

The procedure for obtaining this status is complicated for a reason, since previously there have been situations where adopted children were subjected to unlawful actions on the part of their guardians. To eliminate such a situation, the process was significantly complicated and supplemented with appropriate requirements and restrictions.

Important. A sample application for guardianship can be found freely available on the Internet, since it provides for a strict procedure for filling out the form by a candidate for guardianship.

Procedure and nuances of design

In order to become an official guardian of a young representative of the Russian Federation, an established procedure is provided, and in addition, the procedure is associated with a number of nuances. In practice, the algorithm looks like this:

1. First of all, you have to choose a child for subsequent adoption and upbringing.
2. Next, you will have to take appropriate courses, where your knowledge of the rules of education will subsequently be tested.
3. Subsequently, the necessary documents are prepared, after which an application is submitted to the bodies of the board of trustees.
4. Once the application is approved, the procedure for reviewing and registering guardianship of the wards begins.
5. The next step is to submit a statement of claim to the court upon granting permission from the appropriate authority.
6. Subsequently, you will have to wait for the court ruling to come into force, after which you will have to issue the appropriate adoption document at the registry office.
7. Next, the minor is registered at the place of residence, and in addition a report is submitted to the guardianship authority.

In accordance with current legislation, regular reporting to the relevant authorities is also provided for, which will assess the correctness of upbringing and compliance with the legal rights of the child by his adoptive parents.

Documents required for registration of guardianship and trusteeship

The list of documents required to establish guardianship or trusteeship of a minor child includes:

1. Written statement from the future guardian (trustee). If several guardians receive permission to guard a minor child, all applications must be submitted simultaneously.
2. Identity document of the future guardian (trustee).
3. A certificate from the guardian’s place of employment confirming his position and income for the last 12 months (a certificate from a pension fund or a certificate of income of one of the spouses can be presented).
4. Extract from the place of registration and residence of the future guardian. It is also allowed to provide documents confirming the right of ownership of residential premises (certificate of registration of ownership, purchase and sale agreement, etc.).
5. A certificate confirming that the future guardian does not have a criminal record or is under investigation.
6. A medical report on the health status of the future guardian, issued on a special form in the appropriate manner. The document must bear the official seal and signature of the head of the medical institution who conducted the examination. The validity period of such a certificate is 6 months. The document is issued by a state medical institution free of charge.
7. A copy of the marriage certificate (if available).
8. Written consent of all family members living with the future guardian. The opinion of minor children over 10 years of age must be taken into account.
9. A document (certificate) confirming compliance with the requirements of sanitary and technical standards of the residential premises where the future guardian lives and the ward will live.
10. Autobiography of a person who has expressed a desire to take custody of a minor child.
11. Documents confirming that the guardian has completed appropriate training on the upbringing and maintenance of a minor child left without parental care (training is not required for persons who have previously been guardians or adoptive parents and have not been suspended from performing relevant duties).

Court decisions

Collection of more than 1 million rubles from the general director of a debtor company

The mobile operator paid for the error

The culprit fled the scene of the accident

The insurance company paid 2.5 million for the error

Penalty from the developer Dalpiterstroy

Registration of inheritance by relatives

Sample application for child custody

In order to contact the appropriate authority, it is necessary to draw up and submit a corresponding application, which contains the following information:

1. personal information about the person from whom the form is submitted;
2. data on marital status and presence of offspring;
3. necessary information about the organization and person in whose name the document is written;
4. information about the offspring who is planned to be adopted;
5. data on completion of educational courses;
6. necessary information about the institution where the minor is present;
7. petition for permission to guardianship;
8. date of execution of the document, as well as signature and transcript.

Sample application for child custody

This document is filled out directly at the organization where the application is made for subsequent approval of guardianship and trusteeship.

Deadlines for consideration of applications

Currently, there are deadlines established at the legislative level during which a guardianship permit is issued. As a rule, a candidate's application is considered within one month from the date of application. Additionally, the trial process, which lasts two months, and in addition, the entry of the court decision into legal force, which occurs three days after its issuance. This situation is provided for in accordance with the current regulatory framework, but in practice the deadlines may increase. Either, on the contrary, be reduced under appropriate circumstances, or the need to submit additional documentation.