Guardianship of a child from an orphanage: where to apply, requirements for a guardian, payments

Child from an orphanage

You have the right to take guardianship of a child from an orphanage aged 3 to 14 years. You should know that you should not entertain yourself with illusions that he will immediately be kind and affectionate when he gets into the family. Before taking a child under guardianship, you need to prepare mentally for the period of adaptation, because whatever one may say, for him it will be a change of environment and usual way of life. It is especially worth paying attention if there are already children in the family, you need to make it clear to your new pupil that everyone in the family is equal and they love him no less than their own child. You also need to remember that the key value is upbringing, and not the genes of your future pupil.

Child from the orphanage

Children are in the baby home until they are 3 years old, so if you want to take custody of the baby, you should contact them there. Before you apply for guardianship of a child from an orphanage, you should understand that you are taking responsibility for his future. In some respects, it is easier to take custody of an infant, because he does not yet fully understand the complexity of the situation, and in any case, he will be drawn to you and consider you his parents, so there will be practically no problems with adaptation. But it is you who need to understand that serious changes in life are coming, especially if you do not have your own children and have never encountered them closely.

Types of child guardianship

When a child under 14 years of age is taken into a family without parental care, guardianship is established; from 14 to 18 years of age - guardianship. It is customary to use the general wording - “guardianship” - so it will be used further. In both cases, the design features and step-by-step algorithm of actions are the same.

There are several types of guardianship:

• joint, where two guardians are appointed for one minor;
• preliminary;
• temporary;
• complete.

There are a lot of differences between them, let's look at them in detail.

Joint custody

Some citizens mistakenly believe that joint custody is assigned after a divorce if the parents of a minor live separately. This is not true: former spouses do not have the right to obtain custody of the child, because already without this they have all the rights to it.

In fact, joint custody is established at the discretion of the SP.

Typically, a child is assigned one guardian, but a government agency has the right to appoint two people in several situations:

1. The child lives with one guardian, but he has property located in another city or country. In this case, a second citizen may be appointed as a legal representative to conduct transactions on behalf of the minor.
2. It has been established that the presence of two guardians will have a positive effect on the condition and interests of the minor: for example, if he is taken by his spouse, and he has a favorable relationship with both of them.

The issue of determining joint custody is decided by the POiP individually, depending on the circumstances. To establish it, citizens submit a general application.

Preliminary guardianship

The specifics of assigning preliminary (temporary) guardianship are regulated by Art. 12 Federal Law dated April 24, 2008 No. 48-FZ. It is carried out if the child urgently needs a temporary representative, if his absence risks placement in an orphanage.

Preliminary guardianship is established for a period of up to 6 months, if necessary extended to 8 months.

Note! Relatives have priority rights to custody of a child: grandmothers, sisters, brothers, grandfathers, aunts, uncles. The main thing is to reach the age of majority and meet the established requirements.

Full guardianship

According to Art. 145 of the RF IC, full guardianship is determined for children left without parental care due to their death or deprivation of parental rights. The representative must fulfill his duties until the child reaches adulthood.

Exceptions are obligations under transactions: before the age of 14 they are made by a guardian, after the transaction they are concluded by the child himself, but with the consent of the guardian.

Differences between types of guardianship

Let's look at the differences between different types of guardianship:

Guardianship of a child from an orphanage

Now it’s worth understanding all the nuances of registering patronage for different family circumstances, since there are significant differences that you need to know about.

Lonely woman

A single woman can become a guardian if she has the proper financial and housing conditions necessary to arrange foster care for a ward from an orphanage.

Grandmother or grandfather

Grandparents have every right to obtain guardianship over a child in an orphanage, not only temporary, but also full, since they are close relatives.

It is also possible to take custody of a grandson (granddaughter) if the grandmother or grandfather is over 60 years of age, provided that the parents take the initiative to participate in the upbringing of their children.

With living parents

If there are living parents and they still have parental rights, applicants will need their parents to provide written consent.

Temporary guardianship

Temporary guardianship is issued in the following cases:

• If parents are unable to raise their children for a short period of time, having a valid reason. In this case, child patronage is arranged by close relatives, most often grandparents.
• If applicants are not completely sure that they want to obtain full guardianship.
• If the guardianship authorities want to check for decent living and financial conditions before the applicant can take the child into custody. It should be noted that the requirements for such candidates are more stringent.

Creating a foster family

The care program is carried out strictly according to the regulations prescribed in Article 152 of the Family Code. A foster family is formed on the basis of a contract. This agreement is signed by the newly appointed trustees and guardianship authorities representing the interests of the child.

The agreement stipulates the following conditions.

1. Responsibilities of adoptive parents. Raising a child, providing quality living conditions. Parents should occupy their child’s free time with useful and entertaining activities, show him respect, and also help him adapt to life outside the walls of the orphanage.
2. Obligations of guardianship authorities. Employees of this government agency must supervise families in order to know how adoptive parents fulfill their obligations to raise and support the child. In 2021, a foster family can receive the following types of benefits:
   one-time (for each child);
3. monthly - 40% of the parent’s annual salary (for children under 1.5 years old);
4. monthly payments for each child.

Article 152 of the RF IC

In addition to these payments, guardianship authorities must provide foster families with other types of social assistance. Each region has its own list of benefits.

Important ! The contract must contain complete information about the child himself and his real parents.

Requirements for guardians

Not everyone has the right to obtain guardianship over a child from an orphanage; there are a number of requirements.

A candidate for patronage must meet the following criteria:

• reach the age of 18 years
• not have financial problems in order to provide for the ward
• have the necessary living conditions
• not have a criminal record that is directed against a person’s life and health
• age limit not more than 60 years

The following are not considered as candidates:

• previously deprived of parental rights
• currently under investigation
• who have served or are serving a sentence in prison
• were previously guardians, and guardianship was terminated due to their fault
• have serious health problems, such as problems with alcohol and drugs
• tuberculosis
• oncology
• disability group 1
• mental disorders

Rights and responsibilities of a guardian

Citizens who decide to change the lives of children from orphanages by taking them under guardianship must be aware of their rights and responsibilities.

• Has the right to demand from parents, relatives or third parties if his pupil is kept from them without justified reasons.
• Must take care of the education and all-round development of the ward.
• Must protect the civil rights and interests of the ward.
• Must provide housing that meets all criteria and standards.
• Has the right to manage the finances of his pupil.
• Has the right to manage the student’s housing (if any).

Payments and benefits in 2018

Payments to guardians are divided into 3 categories:

1. Payment, which is given in cash once after concluding a guardianship agreement, which currently amounts to 16,350 rubles
2. A benefit that is paid every month, the amount of which depends on the region of residence. The average is:
   For pupils under 12 years old – 15 thousand rubles
3. For pupils over 12 years old - 20 thousand rubles
4. For children with disabilities – 25 thousand rubles
5. Guardian's remuneration (paid monthly):
   Up to 3 years – 12650 rubles
6. Over 3 years – 9200 rubles
7. For children with disabilities – 25 thousand rubles

Citizens who have registered children as patrons also have the right to benefits.

1. Tax benefits:
   For a ward with disabilities – 6 thousand rubles
2. For one pupil – 1400 rubles
3. For two children – 2800 rubles
4. For three children – 5800 rubles
5. Tax deductions equal to the amount spent on treatment or education of the ward
6. If the ward is disabled:
   Entitled to 4 additional days off
7. Additionally, compensation in the amount of 5,500 rubles is allocated, which is additionally issued by the Pension Fund

A lawyer's answers to questions about child custody

Can the child's grandmother obtain guardianship?

Yes, relatives have priority when establishing guardianship.

How to sell the apartment of a child under guardianship?

No.

Which is better: guardianship or adoption?

Adoption is carried out by court decision, higher requirements are imposed on adoptive parents, and they do not receive child benefits. Legally, they are equal to parents. The guardian has the right to government payments, but their rights to children are limited compared to adoptive parents.

Can a common-law husband obtain custody of a child?

Yes, but only temporary if the mother leaves for a certain time. Permanent guardianship is established for minors left without parental care.

Is it necessary to maintain an age difference of 16 years between the guardian and the ward?

No, this rule applies only to adoption (Article 128 of the RF IC), if the adoptive parent is not a relative of the child. A guardian only needs to be an adult and meet other requirements.

How to take custody of a child

Citizens who have expressed a desire and who have decided to become guardians should seek advice from the guardianship and trusteeship authorities. They will explain in detail what next steps should be taken and what documents are needed to enter into an agreement to be a guardian.

In the future, you need to take courses and receive a certificate stating that you are ready to become a guardian. Also, of course, you should visit the orphanage and talk with the future pupil so that he gets used to the idea that you will be his parent. Over time, it is worth increasing the opportunity to visit the child at least 3 times a week.

Where to contact

First of all, you need to contact the guardianship and trusteeship authorities at the place of residence and registration of the ward. It is also worth visiting the clinic and his attending physician to find out about possible health problems.

Stage 3. Arranging for guardianship

If the acquaintance stage is successfully completed, the citizen must contact the guardianship department to obtain consent to appoint guardianship.

The guardianship process includes:

• filing an application for appointment as a guardian;
• execution of an order;
• transfer of personal file;
• assignment of payments.

Application for appointment of guardianship

Let's look at where to start registering guardianship. After the candidate for the ward has been selected, it is necessary to contact the guardianship department at the location of the orphanage. The candidate fills out the application in person.

Important! A citizen can pick up a child only after receiving an order. Until this moment, the minor continues to be in the organization.

Guardianship order

Guardianship is appointed by decision of the local government. As a rule, this is an order or resolution.

It is prepared within 14 days from the date of submission of the application. After which you can pick up the child from the orphanage.

Required documents

Of course, you should know what documents are needed for guardianship of a child from an orphanage:

1. Passport
2. Medical certificate of health
3. Certificate of completion of courses for guardian
4. Certificate of income from place of work
5. certificate of good conduct
6. Home ownership documents
7. Written permission of the spouse and children over ten years of age
8. Copies of personal bills that indicate the absence of debt for the provision of utility services

Control by the guardianship authority

However, registration of guardianship is not a basis for termination of control over the child by the district guardianship department.
The personal file is transferred to the department at the place of residence of the guardian. After which specialists are obliged to regularly visit his apartment in order to protect the rights of the child:

• 1 time in the first 30 days from the date of appointment of guardianship;
• 1 time every 90 days during the first year;
• Once every 6 months in subsequent years.

In addition, the guardian is required to provide an annual report on the safety of the children's property. The document must be submitted by February 1.

The report must contain information about income received and expenses made at the expense of the minor’s property. It is checked by a specialist and certified by the head of the municipality.

Sample application

Of course, the applicant's application is the very first and most important step towards becoming a full guardian. Therefore, it is very important to know how to format it correctly and without errors.

Application example:

To the guardianship and trusteeship authorities

Rostov region, Azov

Zayarnina Marina Vikotorovna

From Alina Viktorovna Nikulina

living at the address: Azov, Kommunalnaya st., 16, apt. 156

Passport: 4507691152, issued on June 29, 2009 by the Bazhanovsky Department of Internal Affairs of the city of Azov

Application for child custody

I, Alina Viktorovna Nikulina, born on September 12, 1987, ask you to register me as a candidate and give an opinion on the possibility of being a guardian. Financial resources, living conditions and health conditions allow me to take custody of a child. Parental rights were not limited or deprived by the court, and she was not removed from the duties of a guardian.

I work as an English teacher at secondary school No. 17 on a permanent basis. My work is located close to home and does not require business travel or long periods of study outside of school hours. Opening hours: Monday to Friday, from 8.00 to 15.00. Nikulin’s husband, Vadim Konstantinovich, works at the Bazhanovsky Department of Internal Affairs of the city of Azov as a senior investigator. I live permanently in a separate three-room apartment, which belongs to me. Housing has been privatized. The total area is 80 sq. meters, of which 70 sq. meters are residential.

Living with me:

Husband: Nikulin Vadim Konstantinovich 04/17/1875

Son: Nikulin Zakhar Vadimovich 12.12. 2013

Additionally, I can tell you the following about myself

Relatives who live nearby can provide assistance if necessary with the child. Also, I have experience working in a kindergarten, I find a good common language with young children.

Date 01/12/2018 Nikulina Alina Viktorovna (signature)

The spouse does not object to taking custody of the child.

Date Nikulin Vadim Konstantinovich (signature)

Of course, taking care of a child from an orphanage is a very difficult and time-consuming task, but it is worth the grateful look and hope for a happy future that the child will receive. So be patient, because the end justifies the means.

Procedure

Guardianship is one of the types of placement for children deprived of parental care. The law sets less stringent requirements for a guardian compared to adoption.

Therefore, guardianship is a suitable way to take in a child if the financial condition or size of the living space does not allow him to be adopted.

Important! If a citizen properly fulfills the duties of a guardian, then in a few years he will be able to adopt a child. The court is loyal to such candidates for adoptive parents. Some requirements may be relaxed.

Procedure for registration of guardianship:

1. Obtaining a conclusion.
2. Selection of a child.
3. Registration of guardianship.

Each stage can be divided into several steps. Let's take a closer look at where a candidate can apply.

Stage 1. Obtaining a conclusion

The right to meet a child raised in an orphanage is granted to citizens who have received a conclusion on the possibility of being a candidate for guardianship. Other persons do not have the right to accept a child into the family.

The procedure for obtaining an opinion includes:

1. Consultation with the guardianship department.
2. Training at the school for guardians.
3. Collecting documents and submitting an application.
4. Obtaining a conclusion.

Only one of the spouses can be the child's guardian. If a married couple wants to jointly represent the interests of the child, then they can register a foster family.

This is an alternative guardianship option. The functions of a foster parent are similar to those of a guardian. Only he performs his duties on a remuneration basis.

Important! The conclusion about the possibility of being a guardian and the possibility of becoming a foster parent are identical. Therefore, upon approval of a candidacy as a guardian, a person can apply to the guardianship department to create a foster family.

Consultation with the guardianship department

The powers to exercise guardianship have been transferred to municipal districts. The process for obtaining guardianship may vary slightly.

Municipalities may determine the need to provide additional documents. Therefore, it is advisable to contact the guardianship department for advice.

A potential candidate must contact the department at the place of permanent or temporary registration. On the territory of the Russian Federation, only a citizen of the Russian Federation can obtain an opinion on the possibility of becoming a candidate.

The specialist must:

• provide a list of documents;
• inform about the procedure for completing the training.

Important! The specialist does not set a preparation period.

Guardian school training

The procedure for completing the training is regulated by Decree No. 423 of 2009. The powers to select organizations have been transferred to the regions.

Therefore, the rules for completing training may vary significantly. In a number of constituent entities of the Russian Federation, training requires a referral from the guardianship department. In others, the citizen independently contacts the organization.

Some regions have assigned schools territorially, while in others the choice of organization can be made by a citizen independently and absolutely freely.

Duration of training may vary from school to school, even in the same region. The training program is established by law. But schools can set their own deadlines.

The minimum training period is 4 days. Maximum – 30 days.

Training is required for all candidates, with the exception of close relatives, current guardians and adoptive parents.

Important! As of 2021, a bill is being considered that should eliminate this exemption. Close relatives will undergo training under general conditions.

During the training process, the citizen receives general information about the psychology of orphanhood, legal aspects of guardianship and adoption, and brief medical information. After lectures and psychological testing, the citizen must take an exam.

As a result of successfully passing the test, the student receives a state certificate and a psychologist’s report. The conclusion contains information about the person’s readiness to raise an orphan.

Application for appointment of guardianship

Having prepared documents and completed training, the citizen re-visits the guardianship department. The purpose is to submit an application for an opinion.

In 2021, you can apply:

1. Personally to the guardianship department.
2. Through the MFC - if the guardianship department and the MFC have entered into a cooperation agreement (needs to be clarified in a specific region).
3. Through State Services - the application is submitted in electronic form, and documents are attached in the form of scanned copies.

The application form is established by order of the Ministry of Education of the Russian Federation No. 4 of 2021. The document must include the following information:

• name of the municipality;
• information about the potential candidate;
• indication of Russian citizenship;
• residential address (at place of registration and place of residence);
• phone number;
• information about the presence or absence of a criminal record;
• information about the presence/absence of a pension;
• data of citizens who live with the candidate;
• the purpose of obtaining the conclusion;
• additional information;
• list of attached documents;
• date and signature.

Sample application for issuing an opinion

Obtaining a conclusion

The application is reviewed within 10 days. During this time, specialists must visit the applicant’s home.

When conducting an examination, specialists from the guardianship department must:

• check the sanitary condition of housing;
• check the availability of space and conditions for the child;
• obtain the consent of citizens who live together with the applicant;
• review the documents (if the application was submitted through State Services).

The result of consideration of the application may be:

• issuing a conclusion;
• written reasoned refusal to issue an opinion.

The refusal may be challenged by the applicant in court within 14 days from the date of receipt. The court often supports potential candidates.

Example. Citizen R. went to court to invalidate the conclusion about the impossibility of being a guardian. The reason for the refusal was the man’s insignificant monthly income. He rented out an apartment and lived on the proceeds. The court satisfied the applicant's demands, since the law does not establish a minimum income for a guardian.

Legislative regulation

• Federal Law of June 24, 1999 N 120-FZ “On the fundamentals of the system for the prevention of neglect and juvenile delinquency”
• Federal Law “On Basic Guarantees of the Rights of the Child in the Russian Federation”
• Federal Law of December 21, 1996 N 159-FZ “On additional guarantees for the social protection of orphans and children without parental care”
• Federal Law “On the State Data Bank of Children Without Parental Care”
• Part 2 Art. 11FZ “On Guardianship and Trusteeship”, which establishes the need for a person’s consent to be assigned the status of a guardian or trustee, duplicates the provisions of paragraph 3 of Art. 35 Civil Code of the Russian Federation
• The rights and obligations of guardians and trustees are enshrined in Art. 15 Federal Law “On guardianship and trusteeship”, in Art. 148 of the Family Code of the Russian Federation, part of the duties of a guardian and trustee, in addition, is contained in the text of Art. 36 Civil Code of the Russian Federation
• The legal basis for the disposal of the ward’s property is enshrined in Art. 19 of the Federal Law “On Guardianship and Trusteeship” and Art. 37 Civil Code of the Russian Federation
• Art. is devoted to the trust management of the ward’s property. 38 of the Civil Code of the Russian Federation and Art. 23 Federal Law “On guardianship and trusteeship”
• Decree of the Russian Federation N 275 of March 29, 2000

Adoption deadlines

Adopting a child into a family is an important and responsible decision. The family arrangement procedure takes a lot of time.