Activities of guardianship and trusteeship authorities: functions and powers of the government agency

Not everyone has a good idea of ​​what guardianship and trusteeship are and how the work of guardianship and trusteeship bodies is structured. But, for some reason, they believe in advance that their activities are not very personable.

When people in our society hear the words “guardianship authorities,” an unpleasant picture immediately appears: children are taken away, mothers are deprived of parental rights, etc.

No one even believes that these bodies can work for the benefit of society, the child and the family. And they work, another thing is that only those events that have resonance are made public.

And it is always bad events that resonate with us.

But not everything is as it seems at first glance.

Let's consider what rights and responsibilities this institution has. What should it do and whose rights to protect.

Child protection

The guardianship and trusteeship authorities are a municipal institution that deals with issues of guardianship, trusteeship, adoption, patronage of the elderly, those left without the care of relatives and incompetent persons.

The competence of the guardianship and trusteeship authorities includes issues that concern disadvantaged and vulnerable segments of the population of the Russian Federation. Also, a functional part of the guardianship and trusteeship authorities is the choice of the form of assistance and assistance to the person in need.

Issues of organization and activities of guardianship and trusteeship bodies for the implementation of guardianship and trusteeship of children left without parental care are determined:

1. Federal Law of April 24, 2008 N 48-FZ “On Guardianship and Trusteeship”,
2. Family Code of the Russian Federation,
3. Civil Code of the Russian Federation,
4. Federal Law of October 6, 1999 N 184-FZ “On the general principles of organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation”,
5. Federal Law of October 6, 2003 N 131-FZ “On the general principles of organizing local self-government in the Russian Federation”,
6. other federal laws and laws of the constituent entities of the Russian Federation.

Documents for child custody: basic misconceptions

1. All family members must provide a medical certificate to obtain custody of the child. In fact, it is only completed by the guardian.
2. The guardian must have his own home and permanent registration. In fact, a document confirming the availability of housing can be a copy of the certificate of ownership (if the property is yours), an extract from the house register (if municipal), or a rental agreement (if you are renting a house). It is not necessary to own real estate and have permanent registration, but at least temporary registration is desirable.
3. The guardian must have an income not lower than the subsistence level. To establish guardianship, it is not necessary to confirm an income of at least the subsistence level for each family member - this is the main difference between guardianship and adoption. If the future guardian does not work, he can provide a certificate of income of the spouse.
4. Guardianship may require additional documents. In fact, the list of documents for registration of child custody is closed, in accordance with Decree of the Government of the Russian Federation No. 423 as amended on February 10, 2014. The guardianship authorities cannot require any documents other than those indicated in this list.
5. There is confusion with the terms: guardianship is established over children under the age of 14 years. From 14 to 18 years of age, guardianship is established. The rights and responsibilities of a guardian and trustee are the same. The child for whom guardianship is established must be present at the trial, and guardianship is not established without his consent (under Article 132 of the Family Code of the Russian Federation). To be fair, it is worth noting that the opinion of the child for whom guardianship is established is taken into account in court from the age of 10. This is all the difference between guardianship and guardianship of a child.

Structure and administration

The very structure of the guardianship and trusteeship authorities is established by the constituent entities of the Russian Federation. Most often, the guardianship and trusteeship department is included in the department, but there are cases of its independent functioning. In villages, urban settlements and small towns where there is no regional structure of the public organization, the functions of the public organization are performed by local governments. Also, such large cities as Moscow and St. Petersburg are distinguished by such a structure (part 1.1 of article 6 of Federal Law N48).

The structure of the department of guardianship and trusteeship authorities is as follows:

Responsibilities of the PLO when changing the place of residence of the ward

In the event of a change in the ward’s place of residence, the PLO that established guardianship/trusteeship for him is obliged to notify of this fact and transfer the ward’s case to a similar body at the new address. These actions must be performed within 3 days from the date of receipt of information about this change.

Information about a change of place of residence can be transmitted by notification from the guardians or the ward himself.

From the moment the case is received, the new department of guardianship and trusteeship assumes all powers in relation to this ward, and the PLO, which sent the package of documents, relieves itself of all responsibility.

Tasks of the government agency

The main tasks assigned to the guardianship and trusteeship authorities are spelled out in Federal Law No. 48 “On Guardianship and Trusteeship”. By law, the guardianship service is obliged to:

1. Protect the rights and interests of persons who are left in difficult situations and need to be examined.
2. Supervise persons who have taken custody or guardianship of children, or persons who require special care.
3. Monitor the activities of orphanages, infant homes, nursing homes.
4. Responsible for the safety of finances or property of persons under guardianship.

In what cases is a service representative obliged to remove a child from the family?

According to Art. 77 of the RF IC, as well as in the event of an immediate threat to the life of a child or his health, a representative of the institution is obliged to immediately take the minor away from the parents (parent), as well as from other persons who supervise the minor.

A specially drawn up act can be considered the basis for the removal of a minor citizen from the family. During the removal of a minor, a representative of the organization is obliged to perform the following actions:

• notify the prosecutor about the seizure;
• provide temporary accommodation for a minor;
• within seven days after drawing up the act, apply to the court with a claim to deprive (or limit) the parents of their rights in relation to the child.

Functions of guardianship authorities

The above bodies always act in the interests of persons who are left without social protection. Their main functions are:

1. Identification of children left without parents for any reason.
2. Identification of street children.
3. Checking socially disadvantaged families.
4. Entering candidates for adoption, guardianship and guardianship into the database.
5. Placement of children in infant homes and orphanages.
6. Assistance in placement with a foster family.
7. Protection of the rights of minors left without parents.
8. Resolving family conflicts.

conclusions

Everything that is in one way or another connected with the protection of the rights of minors deprived of parental care or incompetent persons must go through the PLO. They are required to be involved when considering a case of deprivation of parental rights. The structure of organs in each region may differ, but they perform the same functions.

You can quickly find out the latest news in the social sphere thanks to the Internet. The main thing is to choose the right source. The official website of the Russian Federation (regional ministry or department) contains a lot of useful information for those who need help and who are interested in guardianship and trusteeship.

Rights of guardianship authorities

It is also important to highlight the rights of OOP:

1. Receipt for consideration and subsequent verification of documents and materials in accordance with the requirements (and if verification is necessary, but there are no documents, copies of documents are subject to verification).
2. The requirement that each responsible employee of other departments (external or related) fulfill their own responsibilities related to the protection of the freedoms and rights of their wards.
3. If necessary, involve workers and qualified specialists in cases of minors or cases of incapacitated persons. We can also talk about involving a wide variety of organizations and structures: a local police officer, an inspector, a police officer, as well as pediatricians, experts and other workers.
4. Calling parents, guardians or any other representatives, one way or another connected with the processes and issues of protecting the rights of children or incapacitated citizens, for possible conversations.
5. Observation and examination of the family in which children under 18 years of age who are officially at risk are growing up. This is especially true in cases where there is every reason to believe that parents or other people will somehow violate the rights of less protected family members.
6. Representing the interests of both wards and those under direct judicial guardianship.
7. Participation of bodies in the administrative commission with the rights of a participant, if we are talking about those cases that are at least indirectly related to the citizens under their care.

Powers of guardianship and trusteeship authorities

In addition to their functions, PPPs have their own powers, which are also prescribed in Federal Law N48. These powers include:

1. Representation in court of a person under guardianship if he has committed illegal actions and is under investigation.
2. Representation in court of the rights of minors or incompetent persons who want to protect their rights.
3. Guardianship authorities must check the living conditions of disadvantaged families who are registered.
4. Also, the guardianship and trusteeship authorities are entrusted with checking the conditions of detention of persons in mental health centers, nursing homes, and orphanages.

Prevention of orphanhood

The main function of the guardianship and trusteeship body is to work with minor children left without parental care. Children in this category must be registered and monitored by the guardianship and trusteeship authority at their place of permanent residence.

Of the children in this category who are registered with the department of guardianship and trusteeship of the intracity municipal formation of St. Petersburg, the Sergievskoye municipal district, 84% are social orphans, i.e. left without parental care and maintenance with living parents.

Social orphanhood is a phenomenon the main causes of which are social, economic and moral problems of society. All these problems (collectively or independently) lead to parents actually abandoning their children, and these children become social orphans. From the experience of the guardianship and trusteeship authority in our region, we can conclude that the main causes of social orphanhood are:

1. parental alcohol abuse
2. low family income
3. parents being too busy at work
4. presence of a large number of everyday problems in the family
5. inability and (or) reluctance of parents to engage in the upbringing, education and development of their children
6. child abuse (physical or psychological)

There are cases of mental disorder among citizens. All these reasons lead to the fact that such families become dysfunctional, and the children in them are left to their own devices and very often to a dysfunctional environment, or run away from the family.

The bulk of disadvantaged families are families of single parents, single-parent or large families, as well as families in which one or both parents do not have a permanent job.

Currently, there are a number of legislative acts aimed at supporting families with children from the state, including:

1. Federal Law of May 19, 1995 N 81-FZ “On state benefits for citizens with children”
2. Federal Law of December 29, 2006 N 256-FZ “On additional measures of state support for families with children”
3. Law of St. Petersburg dated November 22, 2011 N 728-132 “Social Code of St. Petersburg”

But legislatively enshrined state support does not eliminate the problem of child neglect as a whole. Over time, lack of proper attention from parents leads to children becoming orphans while their parents are alive, i.e. social orphans.

In the work to prevent social orphanhood, the main role is played by prevention, the effectiveness of which depends on the time of identification of a given family, i.e. on how much time has passed since the emergence of trouble in the family. Timely identification of the situation is important in solving family problems.

In accordance with the Federal Law of the Russian Federation dated June 24, 1999 No. 120-FZ “On the fundamentals of the system for the prevention of neglect and juvenile delinquency,” this system includes commissions for the affairs of minors and the protection of their rights, management bodies for social protection of the population, education management bodies, guardianship and trusteeship authorities, youth affairs authorities, health care authorities, employment service authorities, internal affairs authorities.

In accordance with this law, specialists from the guardianship and trusteeship department work closely with other structural units of the system and work to timely identify minors and families with children in difficult life situations. They are provided with assistance (including legal, advisory, pedagogical, material, psychological), the current legislation regarding the performance of parental responsibilities, protection of the rights of minors and measures of responsibility for violation of current legislation are explained.

In order to carry out preventive work, specialists from the guardianship and trusteeship department, together with representatives of other organizations and institutions, regularly conduct surveys of the living conditions of minors in difficult life situations, receive information from relevant organizations about whether children’s rights are being violated in terms of education, health care, and material support. . If violations are discovered, measures are taken that comply with the law. At the same time, explanatory conversations must be held with minors about the inadmissibility of committing offenses, and with the legal representatives of minors about the inadmissibility of violating the rights of the child. In the course of such work, specialists from the guardianship and trusteeship authority provide advice to children and adults on various issues and assist in referring citizens to other organizations that interest them.

Information about disadvantaged children and families with children comes to the Department of Guardianship and Trusteeship from various sources. The bulk of such reports come from police departments, educational and health institutions, as well as from citizens. When such information is received, specialists from the guardianship and trusteeship department immediately check it. If the information is confirmed, the family is registered with the municipality’s Office of Public Inspectorate, in the department for minors’ affairs (JA) of the Vyborg district. Other organizations in the prevention system are also involved in working with families. The purpose of this work is to identify and eliminate the causes and conditions that give rise to homelessness and trouble in the family.

In order to strengthen the work on the early identification of dysfunctional families, the Commission on Minors' Affairs and the Protection of Their Rights holds meetings dedicated to the early identification of families of this category. Representatives of the district's education and health authorities are invited to participate in such events. During the events, special attention is paid to the early identification of families with children in difficult life situations.

There are cases when children find themselves in conditions that are dangerous to their life and health. In such situations, specialists from the guardianship and trusteeship department are required to select children from the family (in accordance with Article 77 of the RF IC) and submit a statement of claim to the court to deprive the parents of parental rights. This type of claim can be filed by the POiP even in the case where all preventive measures against the parents have not yielded results, i.e. parents refuse to properly fulfill their responsibilities.

On the territory of our intra-city municipal formation of St. Petersburg, the Sergievskoye municipal district, there have been cases when minors were placed in child care institutions on full state support temporarily, without depriving parents of their rights in relation to children. These steps were aimed specifically at eliminating the causes of neglect of minors.

Unfortunately, preventive work does not always have a positive effect, and the child is left without parental care. In this case, it is the guardianship and trusteeship authority that is responsible for the further life of the child. At the same time, the priority form of placement is family, and we do everything possible to ensure that children left without parental care are raised in the future in a family.

• Department of Guardianship and Trusteeship of the Intracity Municipal Formation of St. Petersburg Municipal District Sergievskoye - St. Petersburg, Engels Ave., Building 131, Building 1, Room. No. 7. Tel. 640-66-20
• Commission for Minors' Affairs and Protection of Their Rights of the Vyborg District – 194100, St. Petersburg, B. Sampsonievsky Ave., building 86. office 105, Tel. 576-56-81, 576-56-83.
• Inspector of the OUUP and PDN 59 police department of the Russian Internal Affairs Directorate for the Vyborg district of the city of St. Petersburg, 194358, St. Petersburg, Yesenina St., building 27, telephone: 573-11-80.
• Inspector of the OUUP and PDN 57 police department of the Russian Internal Affairs Directorate for the Vyborg district of St. Petersburg 194291, St. Petersburg, Kultury Ave., building 12, building 3, phone: 573-11-62.

Responsibilities of guardianship and trusteeship authorities

A government agency has a wide range of responsibilities, which can be divided into three sectors.

Responsibilities of the PLO in relation to the property of wards

A separate and quite important point in the work and performance of duties of employees of guardianship and trusteeship authorities is the attitude towards the property of their own wards. For example, if we are talking about a child’s apartment and its sale, then this can only be possible if there is a document (written consent) from the organization protecting the rights.

With all this, authorized employees of guardianship authorities are obliged in this case to require other documents from legally represented guarantors of a minor or incompetent citizen. And the most important of them is proof that the sale of the ward’s apartment is justified and the rights of the ward have not been and will not be infringed in any way.

If this does not happen, PLO employees have the full legislative right to refuse the guardian the appropriate evidence. In addition to all this, regulatory authorities must ensure that the inheritance of a minor ward of a citizen is not damaged, but also ensure that it ultimately becomes his own and comes into his possession after the ward turns 18 years old.

8 hotline telephone number for calls regarding the protection of property and personal non-property rights of orphans and children left without parental care in Moscow

Responsibilities of the PLO in case of relocation of the ward

If a minor or incompetent person, together with a guardian or guardian, moves to another place of residence, then registration, as well as supervision of the guardian and ward will be carried out at another place of their residence. The activities of the PLO in this case will be to formalize the fact of moving to a new place, as well as to send all the files of a minor or incompetent person to another place of residence within three working days.

In this case, 3 days are counted from the moment when the authorities were informed that the guardian and ward are moving to another place. Accordingly, all necessary tasks, as well as powers and responsibilities will then fall on the shoulders of another PLO, to which the new place of residence will be linked. In this case, the citizen or child will still be under legislative protection and guardianship authorities, but only in a different region. And this makes all the difference, because the legislative framework will be exactly the same throughout Russia.

Reminder for guardians on submitting annual reports

REMINDER FOR GUARDIAN, TRUSTEE, FOSTER PARENT ON SUBMISSION OF A REPORT ON THE USE OF THE WARD'S PROPERTY AND ON THE MANAGEMENT OF SUCH PROPERTY

Dear guardians, trustees, adoptive parents!

No later than February 1 of the current year, unless a different period is established by the agreement on guardianship or trusteeship, you are obliged to submit to the guardianship and trusteeship authority a report in writing for the previous year on the storage, use of the ward’s property and on the management of the ward’s property, with documents attached ( copies of sales receipts, receipts for payment of taxes, insurance amounts and other payment documents).

The report of the guardian (trustee) must contain information about the condition of the property and the place of its storage, the acquisition of property to replace alienated property, income received from managing the property of the ward, and expenses incurred from the property of the ward. The report of the guardian or trustee must also indicate the dates of receipt of amounts from the ward’s account and the dates of expenses incurred from these amounts for the needs of the ward.

The income of the ward, including the amount of alimony, pensions, benefits and other social payments provided for his maintenance, as well as income due to the ward from the management of his property, with the exception of income that the ward has the right to dispose of independently, is spent by the guardian or trustee exclusively in the interests of the ward and with the prior permission of the guardianship and trusteeship authority.

When it is established that the guardian (trustee) is using the ward's property for personal interests (using guardianship for personal gain), the guardianship and trusteeship authorities remove the guardian (trustee) from guardianship duties and transfer the material to the prosecutor. At the same time, a claim must be brought for compensation of the property used by him.

The report will not be accepted if:

1. the necessary documents are not attached to the report;
2. the report contains blots, errors, corrections;
3. the report does not contain the personal signature of the legal representative;
4. all tables presented in the report are not fully completed;
5. the report incorrectly indicates the amount of funds spent in the interests of the minor ward;
6. the report shows expenses that are less than the actual expenses.

For advice and clarification, we ask you to contact the specialists of the department for guardianship and trusteeship of the intracity municipal formation of St. Petersburg, Sergievskoye municipal district, by phone. 640-66-20,296-10-95.

Responsibility of guardianship and trusteeship authorities to citizens

Employees of the guardianship and trusteeship authorities report, of course, directly to the head of their own department. As for the manager, he is subordinate to the head of the department, as well as to the department or ministry of social development of guardianship and trusteeship (the name of the ministry may differ in different regions).

Or, to put it differently, any person, in the event of any conflict situation occurring with supervised citizens or children, has the right to contact the ministry with the appropriate competence. In this case, a person can fill out a written application, send it by registered mail or use the Internet. If a person is sure that the PLO operates outside the law, and the department’s employees exceed their own powers (or, alternatively, do nothing at all), the citizen can also write a complaint to the regional prosecutor’s office dealing with human rights or children’s rights . With all this, contact information for communication can be found on the official website of each PLO or found out by phone.

Types of employee liability

Employees of bodies have the right:

1. Manage the income of the ward if he is incapacitated.
2. Conclude transactions that do not conflict with the legal relations of the guardian and the ward, if he has not reached the age of 18 years, or is completely incompetent.

Responsibility for violation of the rights of minors

When a child’s rights are violated, when a signal is received by a specialized body, the perpetrator can be punished. In this case, a complaint can be filed by:

1. The child himself.
2. Mom or dad.
3. Another relative.
4. Neighbour.
5. Teacher.
6. Any other person.

In general, such applications are rarely received by guardianship authorities. Because of this, quite often violators go unpunished.

When information about a violation of rights goes beyond the boundaries of the home or educational organization, the guilty citizens are brought to administrative or criminal liability. During significant violations, parents are able to first impose restrictions and then lose their own rights. In this situation, children are transferred to the care of government agencies.

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