Checking the living conditions of a minor by guardianship authorities

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Published: 08/17/2018

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According to the Family Code of the Russian Federation, parents and official guardians are obliged to provide the child with favorable conditions for his life and development. Monitoring compliance with these standards is carried out by the guardianship and trusteeship authority.

• When guardianship comes to check the family
• Grounds for appeal
• Who has the right to apply
• Responsibility for handling
• Do guardianship authorities check anonymous requests?
• The procedure for contacting the guardianship authorities
• Terms of consideration
• Procedure after receiving a complaint
• Do guardianship authorities have the right to take children away because of calls from neighbors?
• Parental Responsibility

If there are suspicions that a family is improperly fulfilling its responsibilities for caring for a child, civil and legal entities can contact the guardianship and trusteeship authorities (hereinafter referred to as the DCA) with a request to conduct an inspection of this family.

When guardianship comes to check the family

Guardianship authorities have the right to inspect the family in the following cases:

• upon receipt of a complaint from a legal entity or individual regarding non-compliance with the interests of the child;
• if the court opens a lawsuit against parents or guardians regarding the issue of raising children , representatives of the public educational institution are obliged to inspect the family to draw up a report on the living conditions of the child.

Employees must notify about their visit and coordinate it with the residents of the apartment, unless there is a court order to inspect the apartment.

Court decisions

The case of an unprovided service, or How to return the money paid

The wife challenged her husband's sale of a car registered to her

Car missing from the parking lot

Gray sales schemes in new buildings

Phone repair service paid 40,000 rubles for poor quality service

They planted drugs at a disco

Grounds for appeal

To write an application to the guardianship authorities, the following grounds must exist:

• unsatisfactory child care . External signs may include unkempt appearance, poor hygiene of children, the premises where they live, non-attendance or truancy from school, fasting, as well as alcohol abuse or drug addiction on the part of adults;
• negligent attitude towards the safety of the child . The reason for the petition will be cases where a child is endangered in the absence of attention from adults;
• violation of the child's rights to development . The behavior of parents who do not allow their children to enter educational institutions, do not allow them to communicate with peers and relatives, should also come to the attention of the authorized bodies;
• lack of supervision from parents or guardians . Article 121 of the RF IC requires reporting cases of leaving a child without guardianship to the guardianship authorities. The reason may be the death of parents or guardians, their long-term absence, as well as refusal to pick up their ward from educational, medical and other organizations;
• threat to life and health . Article 56 of the RF IC provides the child with the right to protect his life and interests. It is necessary to submit a request to inspect the housing premises if factors are identified that threaten the life and health of a minor, which come from the family or with the connivance of the family. External signs of physical or mental violence may include injuries received for no clear reason, nervous and aggressive behavior, and negative deviations in the psychological state.

Parental Responsibility

Parents who do not properly fulfill their responsibilities may be subject to the following types of liability:

1. Administrative. As a rule, the decision is made by the commission on juvenile affairs and is expressed in the imposition of a fine established by the Code of Administrative Offenses of the Russian Federation;
2. Civil - legal. It is used if it is established that evasion of duties has led to adverse consequences for the child. This type of liability is established on the basis of a court decision and can be expressed in the recovery of moral damages or civil damages.
3. Family and legal. There are two categories of family legal responsibility:
   Restrictions on parental rights;
4. Deprivation of parental rights in relation to a child.
5. Criminal law. This type of responsibility is the most. The possibility of bringing to responsibility is provided for in Art. 156 of the Criminal Code of the Russian Federation. Punishment for such actions varies, but the sanction of the article provides, along with correctional labor, actual imprisonment.

The procedure for contacting the guardianship authorities

There are three ways to file a complaint with the guardianship authorities: submit the application in person at your place of residence, send a registered letter by Russian post, or make an anonymous phone call. In accordance with Art. 33 of the Constitution of the Russian Federation, both an individual and a group of persons can submit a petition.

When drawing up an application, you must adhere to the basic requirements for paperwork:

• the “header” indicates the address of the department, the applicant’s details;
• the main part describes the situation and sets out the grounds for checking the premises . It is important to indicate the relationship between the applicant and the minor;
• at the end of the application there is a request to take measures in the form of a family inspection;
• The application may contain materials confirming the need to check the family . These can be documents (for example, a reference for a child from school), video and audio materials.

A sample application to the guardianship and trusteeship authorities about improper upbringing of a child can be downloaded from the link.

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Procedure after receiving a complaint

Within three days after submitting the application, authorized persons must verify all information provided in the document about inappropriate child care.

To identify violations, the following measures are taken: studying the attached materials, visiting the family, talking with people who may have information about this family.

Next, the PLO makes a decision on measures to be taken against parents or guardians. If necessary, parents are brought to criminal, administrative or civil liability: the PLO notifies the prosecutor's office about this, after which the case can be brought to court.

Do guardianship authorities have the right to take children away because of calls from neighbors?

The procedure for depriving parental rights is described in Art. 70 of the “Family Code of the Russian Federation” dated December 29, 1995 No. 223-FZ. According to this regulatory act, this preventive measure is considered with the participation of the prosecutor and the PLO, and the court can make a decision.

Article 77 of the Family Code of the Russian Federation provides for one option for removing a child from a family without a court decision. The basis is “an immediate threat to life or health.” This wording does not have specific explanations, therefore, in practice, deprivation of parental rights is possible at the discretion of authorized persons.

But even in this case, the PLO must comply with three conditions: the act of removal must be signed by the head of the municipality, the prosecutor's office is notified within three days, and an application to the court for deprivation or restriction of parental rights is submitted within a week.

How can I report anonymously?

Today there are several methods of notifying guardianship and guardianship service workers about the fact or several facts that parents are not fulfilling their duties. These are the following types of notifications:

1. appeal by letter;
2. call;
3. access through a specialized Internet resource.

Each of the presented methods has its own disadvantages and advantages. But in the case of an anonymous request, no matter what method is used, there is always a possibility that the application will not be considered by the service employees. Of course, since we are talking about children, it is unlikely that the message will be ignored, but there is always a possibility.