According to Article 152 of the Family Code of the Russian Federation, if the guardianship and trusteeship authority enters into an agreement on a foster family with the adoptive parents (parent), according to which the adoptive parents are obliged to exercise guardianship and trusteeship over the child (children), for the period specified in the agreement, the adoptive parents are recognized for child by foster family.
For those who are seriously thinking about creating a foster family and are looking for an answer to the question of how to become foster parents, we suggest that you read our article.
- Who is allowed to be foster parents?
- Contacting the territorial department of the guardianship and trusteeship authority
- How are foster parents trained?
- Preparation of a package of documents for the guardianship and trusteeship authority
- Submitting documents to the guardianship and trusteeship authority, obtaining the commission’s conclusion
- Selecting a child for guardianship
- The decision of the guardianship authority to appoint you as adoptive parents
- Agreement on creating a foster family
Who is allowed to be foster parents?
To become a foster parent, you must be an adult with legal capacity. Families or single persons of both sexes can be adoptive parents if they agree to take in a child left without parental care for upbringing. The adoptive parents of one child can be either a single adoptive parent or married persons (see Article 153 of the RF IC).
Some categories of citizens are limited in their right to be adoptive parents. These categories are listed in Art. 146 RF IC:
- Citizens deprived of parental rights or limited in parental rights;
- Incapacitated or partially capable citizens;
- Former guardians or trustees who were removed from the duties of a guardian or trustee due to their own fault for improper performance of their duties;
- Former adoptive parents, if the adoption was canceled by court for improper performance of their duties;
- Persons with health restrictions that do not allow them to be adoptive parents;
- Chronic drug addicts and alcoholics;
- Persons with a criminal record, including for crimes against the family, against honor and dignity, against health and life, against sexual integrity.
If a citizen has decided to become a foster parent, he can adopt the following procedure to achieve his goal.
History of foster care
The term “patronage” was first discussed in A. Grant’s Encyclopedic Dictionary in 1913.
At that time, it was defined as a set of measures of material assistance to people released from prison, morally degraded women and other persons, with the aim of providing them with the opportunity to return to a normal working life.
Also in those days, orphanages were obliged to take care of their former pupils and provide them with assistance in their improvement. Such assistance can hardly be called an effective way to ensure the future life of children, but it was a manifestation of concern for social adaptation.
A little later, independent trustee societies with a wider range of tasks began to be organized. For example, their main specialization was helping the homeless, beggars and orphans.
Gradually, guardianship and guardianship acquired new features, and a circle of possible guardians was established. Over time, the exclusively moral obligation of the trustee to return property to the child upon reaching adulthood turned into a legal one.
Contacting the territorial department of the guardianship and trusteeship authority
The rules for the selection, registration and training of citizens who have expressed a desire to become guardians or to accept children for upbringing in a foster family, approved by Decree of the Government of the Russian Federation No. 423 of May 18, 2009 (clause 2) determine that the guardianship and trusteeship body carries out the selection and registration of citizens who expressed a desire to take the child into foster care.
Citizens who have expressed a desire to foster a child must submit documents to the guardianship and trusteeship authority, a list of which will be given to you by the guardianship authority, and also undergo training as foster parents or in an organization that has received the authority to conduct such training from the guardianship authority (clause 4 of the Procedure approved by order of the Ministry of Education and Science of the Russian Federation No. 235 of March 13, 2015).
Types of patronage
Patronage is divided into several types, differing in the age of the children and the functions of the teacher.
Social
Social patronage implies the preservation of parental care and the use of a set of measures aimed at promoting the normal development and upbringing of a minor.
This form of patronage is characterized by concluding an agreement with a public organization or other authorized organization free of charge. Parents do not pay anything for this, and the teacher receives payments from the state. The maximum number of accompanying families is 5.
What are the responsibilities of a teacher under social patronage:
- monitor the child’s progress at school;
- provide social support to parents, help cope with conflicts, correct behavior and communication with children;
- give recommendations on the formation of leisure time, help expand the range of interests;
- control the order and sanitary conditions in the pupil’s home;
- monitor the health status of the minor and, if necessary, contact medical institutions;
- provide legal support in resolving legal issues.
Parents who have health problems and need help raising their children, as well as families with an unfavorable psychological situation that impedes the adequate development of the child, can apply for social patronage.
Deadlines
Social patronage can be short-term – up to six months, and long-term – from six months or more.
Post-boarding school
After leaving boarding schools, children are often disoriented and have no idea about social behavior in society. For this purpose, post-boarding patronage is established for wards aged 18 to 23 - a set of measures aimed at adapting graduates.
The agreement is concluded between the child and the organization for orphans on the initiative of the pupil. It is allowed to draw up a document with him, the educational institution and the potential teacher. In this case, the consent of the ward and the latter will be required. The maximum number of pupils is 5.
The post-boarding teacher undertakes:
- perform functions in accordance with the terms of the contract;
- visit the pupil on time;
- take care of the physical, mental, moral development of the child;
- assist the graduate in the exercise of his rights and legitimate interests;
- provide support in further self-determination;
- create leisure activities for the ward;
- provide psychological support to the ward, give recommendations on communicating with other people.
If conflict situations arise, the teacher is obliged to inform the educational institution about this. Further actions will be chosen jointly, taking into account the individual characteristics and opinion of the child.
Deadlines
The validity period of the post-boarding agreement is determined individually depending on the circumstances.
Foster family
A foster family is essentially similar to guardianship: a child is given to an adult to raise and then they live together. This is possible if a minor is left without parental care, but no one wants to adopt him or establish guardianship. This is a temporary arrangement for finding a permanent family.
The maximum number of foster children in a family is 3. The number can be increased only if all children are siblings.
The teacher is vested with the rights and responsibilities of a guardian:
- represent the interests of a minor;
- take care of moral, physical, mental, moral development;
- receive payments for the child and for performing the functions of a teacher;
- report on the expenditure of funds to the OO&P;
- act as a legal representative before government agencies and commercial institutions;
- notify the POiP about a change of residence no later than the day following the date of move;
- organize the leisure time of the ward.
Note! If a minor has a brother or sister, the contract is concluded in respect of both children, provided that their separation may harm them. A couple who is not officially married cannot take custody of the same child.
If a child finds himself without parental care, close relatives do not want to adopt him or take care of him, the priority right to adoption is given to a foster family.
The period of cohabitation is no more than 6 months. This time is necessary to select a family for permanent residence.
How to find a child?
If you don't know who you want to foster, look up the children's information at the Federal Bank. It contains information about minors for adoption, guardianship or foster care.
The second option is to contact the OOiP. They will help you choose a child, but to conclude a contract you will have to go through a number of procedures.
All about patronage. How to become a foster carer and get paid for it?
Paid and gratuitous guardianship - similarities and differences
How are foster parents trained?
To complete the training course, you can submit an application and identification card to the guardianship and trusteeship authority or to any educational organization that trains adoptive parents, regardless of your place of residence (clauses 12, 13 and 14 of the Procedure).
After training, you will receive a certificate of completion of training in accordance with paragraphs 11, 18 of the Procedure.
You have the right to receive training free of charge, in accordance with clause 5 of the Procedure.
What is guardianship
Guardianship is a form of accepting a child under 14 years of age into a family for upbringing. If the child is over 14 years old, then his adoption into the family is called guardianship. The rights of guardians and trustees are no different. Therefore, below, by default, we also understand the form of guardianship as the form of trusteeship.
Typically, children of close relatives are taken under guardianship: grandchildren, brothers and sisters or nephews. However, you can also get guardianship for a completely stranger’s child.
Any adult citizen can become a guardian. Except for persons who:
- have a criminal record for serious and especially serious crimes, as well as crimes against the life and health of other people;
- deprived of parental rights and already removed from guardianship due to their own fault;
- declared incompetent by the court;
- suffer from alcohol or drug addiction, mental disorders;
- have not completed special training courses. Necessary if you are taking custody of someone else's child for the first time.
Preparation of a package of documents for the guardianship and trusteeship authority
According to clause 4 of Rules No. 423, you must submit documents to the guardianship and trusteeship authority in accordance with the attached list:
- Application to appoint you as adoptive parents;
- Documents confirming ownership of residential premises or the right to use residential premises, for example, an extract from the house register, a copy of a personal account from the place of residence or an extract from the Unified State Register of Real Estate;
- Documents confirming the income of applicants, for example, a certificate from the place of work about the applicant’s position and the amount of the average salary for the last year, and for pensioners - a copy of the pension certificate and a certificate from the Pension Fund of the Russian Federation;
- A certificate confirming that the applicant has no criminal record, issued by the police department;
- A medical report on the state of health obtained as a result of a medical examination. A list of institutions where you can undergo examination can be obtained from the guardianship authority.
- If the applicants are married, a copy of the marriage certificate is presented;
- Certificate of completion of training as foster parents;
- Autobiography of the applicant;
- Written consent to accept a child into the family from all adult family members living with the adoptive parent, including children who are already 10 years old;
- Identification document of the applicant.
List of benefits
Social benefits are represented by in-kind assistance for caring families. This support is aimed at reducing the financial burden on families.
The standard package of services includes the following measures.
- Discounts on utility bills: heating, electricity, water supply and gas. If in the region of residence of the family they use stove heating, then the adoptive family with significant preference can buy solid fuel, for example, firewood, coal, etc. However, the amount of discounts and types of benefits are determined by local governments and depend on the region’s policy on this issue.
- Free maintenance of foster children in preschool institutions, reduced or free school meals.
- Issuing discounted vouchers to sanatoriums, camps and health resorts.
- Providing technical devices for prosthetics and rehabilitation of disabled children.
- Issuance of land plots for individual agriculture and housing construction.
- Preferential issuance of mortgages with state support, housing lending.
- Free travel for foster children on municipal transport.
Foster families and the children themselves are entitled to various benefits, for example, to pay for utilities, lunches at school, etc.
Important ! Most benefits are provided by local entities and municipalities. Subjects have the right to provide additional support to foster families if they are able to do so.
To receive the entire list of required payments, allowances and benefits, the applicant must contact the social security department at the place of residence with the following documents:
- application on behalf of one of the parents;
- custody agreement;
- a documented act of transferring the baby to a foster family;
- certificate of family composition;
- salary certificate in 2-NDFL format for a working father or mother;
- original passports of parent-guardians;
- child's birth certificate;
- legal basis for drawing up a guardianship agreement (medical certificate confirming the presence of a disease in the real parent, court decision on deprivation of parental rights, etc.).
To apply for benefits you need to provide certain documents
Important ! All transfers are sent to the bank account of one of the parents, so it is necessary to attach the correct details to the application.
Selecting a child for guardianship
The guardianship and trusteeship authority must provide you with information about children left without parental care. You also get access to the federal and regional data bank on children left without parental care (clauses 15, 68 of the Administrative Regulations, approved by Order of the Ministry of Education and Science of the Russian Federation No. 588 of June 15, 2015).
To visit a child, you must receive a referral for a visit from the guardianship and trusteeship authority at the child’s location. The applicant gets acquainted with the child and decides whether to accept him into the family for upbringing or to refuse admission. Then, in accordance with clause 10 of the Rules and clauses 71 and 74 of the Administrative Regulations, applicants can receive the following referral to meet the next child.
Benefits in kind
There is not always enough money for food and clothing. Therefore, “in-kind” payments are provided for foster families in 2018-2019. This allows foster families to be provided with everything they need.
There are several options for benefits.
- A child under 3 years old receives free medicines and consultations from the best medical workers in Russia.
- A child under 2 years of age is entitled to dairy products of the highest quality. In young children, the musculoskeletal system quickly develops, and therefore calcium deficiency must be regularly replenished. In order for children to grow up healthy, they are given special milk rations.
- As in Soviet times, every year foster children are given many vouchers to various entertainment or recreational institutions.
- Benefits for paying utility bills - according to the law, a family can take advantage of a subsidy and reduce their expenses for paying utility bills.
- Free meals – children have the opportunity to receive balanced and free meals throughout the school year.
- When studying at a university, students can count on an increased scholarship.
Medicines and food may be provided for children
Agreement on creating a foster family
The agreement on creating a foster family is concluded on the basis of a decision made by the guardianship authority to appoint you as foster parents. The contract must indicate the essential conditions: the period for which the contract is concluded and information about the child who is being accepted into the family for upbringing.
In accordance with the agreement and the laws of the subject of the Russian Federation, adoptive parents receive payment for their work depending on the number of children taken into care (clause 2 of the Rules). Adoptive parents receive the right to a tax deduction for personal income tax in accordance with paragraphs. 4 paragraphs 1 art. 218 Tax Code of the Russian Federation.
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Responsibilities
The responsibilities of a foster family include:
- identifying and monitoring the problems of a family whose child is taken into foster care;
- rehabilitation of children neglected by their mother and father;
- individual adaptation programs for children;
- assistance in solving social, psychological and educational problems;
- cooperation with government agencies.
If necessary, members of the foster family should provide assistance in finding employment or improving the qualifications of parents who find themselves in a difficult situation.
