Foster family: what is it, the concept of foster care

Author of the article: Elena Petrenko Last modified: January 2021 9256

A foster family is a form of guardianship and trusteeship in which a child is transferred to caregivers under a foster care agreement. According to it, the foster parent is a teacher and receives a salary, and the minor is guaranteed care, food and a full range of social benefits available to children left without parents.

What is a foster family?

Foster care is considered one of the simplest and fastest forms of foster care for minor children.

The agreement is concluded in several cases:

The child’s parents are alive and have not been deprived of parental rights, but assistance is required in raising them and temporary placement with educators. For example, if the mother and father are in the process of deprivation, are experiencing a difficult financial situation or are seriously ill. Parents remain with the child, but need assistance in proper upbringing. If it is impossible to use other forms of arrangement: adoption, guardianship, trusteeship, foster family.
If a child left without parental care has not reached the age of majority, but is sent from an orphanage to study at a secondary specialized education institution for working professions.
In relation to a person from among orphans (from 18 to 23 years old), if he is studying in a secondary specialized education organization. But he needs adult help for socialization.

The purpose of establishing patronage is social assistance, protection of property and non-property rights of children. A child in respect of whom an agreement has been concluded with the guardianship authorities avoids ending up in an orphanage and receives guaranteed guardianship and care.

Important! The law on foster care has not yet been considered in its final version, so the conditions for the conclusion and duration of the agreement are different everywhere. We will look at the example of Moscow, where patronage has become widespread.

In which cities does patronage operate?

Patronage laws do not apply throughout Russia - they have been adopted only in a few regions:

Regions: Altai, Krasnoyarsk, Krasnodar, Perm, Primorsky, Stavropol.
Regions: Moscow, Arkhangelsk, Bryansk, Samara, Ivanovo, Vladimir, Volgograd, Irkutsk, Kaliningrad, Kostroma, Kaluga, Bryansk, Murmansk, Novgorod, Nizhny Novgorod, Tver, Orenburg, Pskov, Sakhalin, Ryazan, Samara, Smolensk, Tomsk, Tyumen, Chitinskaya, Yaroslavl.
Republics: Adygea, Dagestan, Kalmykia, Chuvashia, Karelia, Mari El, Bashkortostan, Udmurtia.
KHMAO.

In the Novosibirsk, Rostov, Omsk, and Chelyabinsk regions, experimental work is being carried out to introduce patronage, but laws have not yet been adopted.

Patronage and patronage: differences

Many people, due to the consonance of the concepts, confuse them, although there are significant differences between them:

patronage is established for adults with legal capacity who, due to health problems, need household help from outsiders;
Patronage is paid guardianship over a child or a socially disadvantaged family if the parents cannot cope with their upbringing on their own.

Patronage can be used in the form of concluding a contract for children, and educators are actually endowed with the rights and responsibilities of guardians. If patronage is provided to the family, the child is not removed, but the appointed teacher regularly visits the minor, controls the parents and helps in upbringing.

Differences from guardianship and adoption

Patronage, unlike adoption or guardianship, does not always imply cohabitation of the teacher with the child: for example, if we are talking about post-boarding or social care, he only visits the minor with established frequency.

From a legal point of view, patronage and guardianship are similar: the ward has no rights to the property of the trustees, just as they do not have rights to his. Adoptive parents are endowed with all the rights of parents and can inherit the property of adopted children.

Cancellation of patronage and guardianship is carried out at the request of the trustees or at the initiative of the OOiP without court intervention. An adoption can only be canceled by a court decision if there are guilty actions of the adoptive parents.

Requirements for foster carers

The same requirements are established for foster carers as for guardians:

adult age, full legal capacity;
having a permanent place of residence;
the absence of dangerous diseases that prevent the child from being taken into the family;
absence of alcohol or drug addiction;
disability group 1;
completing training at a school for foster parents;
no criminal record.

Citizens who were previously deprived of parental rights and who have ceased to be adoptive parents through their fault have no right to take children into foster care. It is not allowed to enter into an agreement with persons who are in a same-sex marriage or who have been removed from guardianship duties.

Note! In some regions, completing a guardianship course is not required to establish post-boarding care.

Requirements for educators

The main body dealing with issues of establishing patronage over children is the Public Educational Inspectorate. They are the ones who have special requirements that potential educators must meet:

Availability of your own housing that meets social standards for space, as well as sanitary and technical requirements. If the applicant rents an apartment, it is almost impossible to draw up a patronage agreement: it is very important that the child does not find himself in a situation where he could lose the roof over his head at any moment. Area standards are set at the regional level. For example, in Moscow there must be at least 18 sq.m. per person. A separate room for minors is required.
No criminal record. For confirmation, a certificate from the police department in the OOiP is provided.
Good health. Candidates must bring medical certificates as confirmation to the guardianship authorities. If there are serious illnesses that prevent the establishment of patronage, the application will be denied.
Full legal capacity and adulthood.
Availability of registration in the city where the patronage is issued.
No drug or alcohol addiction. This is confirmed by certificates from the relevant dispensaries.
Optimal official income. Citizens employed unofficially are not allowed to receive patronage, even if their earnings are very significant. This is explained by the impossibility of confirming wages with documents.

Citizens deprived of parental rights will not be able to obtain patronage. Also, the conclusion of such an agreement is impossible under the following circumstances:

lack of own housing;
presence of a criminal record, drug addiction;
cancellation of adoption due to the fault of the adoptive parent, if in the future he applies for patronage;
incapacity, disability.

Expert commentary

Shadrin Alexey

Lawyer

Parents cannot arrange foster care for a child for objective reasons: the agreement is for compensation and cannot be concluded with the biological parents or adoptive parents of a minor, who already enjoy all the rights provided for by the RF IC.

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

Differences from other forms of education

Foster care is education with the help of trained pedagogical specialists to prepare for independent life. From the state, foster families receive not only benefits and benefits, but also teachers and social workers. You can adopt a child who cannot be adopted or take guardianship over him. Low-income, lonely, and elderly people have the opportunity to take care of their children.

Benefits of foster care

Foster care has numerous benefits that are worth considering. The universal humanitarian value of family is its main advantage. The readiness of a little person for life with all the difficulties and worries is another advantage that foster care has. A teacher can be found near the child’s place of residence, he will form social connections, he will not have to say goodbye to close friends, his beloved and native atmosphere. No special, special training is required in order to adapt to life. The possibility of professional self-realization is an advantage of this form of placement for the baby.

How is a social patronage agreement concluded?

A social patronage agreement is drawn up by parents with a specialized institution from which they are assigned a teacher, or with a specific citizen with the participation of a third party - a social protection authority.

How it all looks step by step:

A family in need of government support is identified. Information comes from teachers, IPDN, other authorized persons, incl. and from parents.
Living conditions are checked and family members are interviewed. Based on the results, an act is drawn up.
A curator (educator) is appointed, and an agreement is concluded with parents with the participation of social protection. The teacher needs to obtain a conclusion on the possibility of establishing social patronage, if it has not been issued previously. If you have a valid conclusion on the possibility of adoption, that will do.

To be appointed as a curator, you must pass a guardian school and a medical examination. The contract is concluded only after this.

Important! Parents who find themselves in difficult situations can also turn to social security for help.

Documentation

To establish social patronage, potential educators must provide:

statement;
medical certificate;
certificate of completion of training at the school of foster parents;
passport;
certificate of no criminal record;
certificate from place of work;
marriage certificate.

Documents are provided in originals. Copies are made of them, then everything is returned to the owner.

Statement

The application is filled out according to the form established in a particular region.

The following information is usually required to fill out:

name and address of the authorized body;
Full name, registration address, passport details, telephone number of the applicant;
citizenship;
skills and knowledge in the field of raising children;
education.

At the end there is a signature and date.

Sample application for the issuance of an opinion on the possibility of being a teacher under an agreement on social adaptation:

Conclusion of the OOiP on the possibility of implementing social patronage

After checking the identity of the applicant, the OOiP issues a conclusion reflecting the complete data:

FULL NAME. teacher, registration address and actual residence;
education;
motives for establishing patronage;
information from the applicant’s passport;
decision of the Public Organization and Social Security on the possibility of providing patronage.

The document is signed and stamped by the head of the organization. In the absence of the selected child, information about the applicant is entered into the register of citizens wishing to provide patronage.

Sample conclusion of the guardianship authorities on the ability of a citizen to exercise social patronage:

Social patronage agreement

A social patronage agreement is drawn up when information about the family in need of support is known.

What information is indicated:

who provides patronage: a specific teacher or institution. In the latter case, a responsible person is appointed;
Full name, date of birth of the child, details of the certificate or passport;
reasons for prescribing social assistance: unfavorable situation in the family, poor upbringing of a minor, difficult situation of parents, etc.;
information about the foster carer: passport details, full name, phone number;
rights and obligations of the parties;
frequency of control by the curator;
features of remuneration;
contract time.

The agreement is drawn up in three copies: one is given to the parents, the second to the curator, and the third remains in the OUiP.

Sample contract for establishing social patronage:

Family values

Thanks to parents like Svetlana and Konstantin, over the past 10 years the number of orphans living in boarding schools in the capital has decreased by 3.3 times. Almost 19 thousand children, or 94 percent, were placed in foster care. The remaining 1,317 children live in 20 centers for promoting family education and are waiting for adoptive parents. The capital's authorities are trying, first of all, to ensure that children remain in their family of origin. And only when this fails and they are left without parents, the city helps with their placement in foster families.

...The Titovs are raising six adopted children plus seven of their own. In September 2015, Valentina and Victor took into their family two sisters, Kristina and Alina, who lived in the orphanage for seven years. The grandmother visited the girls and promised to pick them up every time, but alas! Now the sisters are 17 and 15 years old. They go to school and please their parents with A's and B's. Already in February 2021, the Titovs took two more twin boys, four-year-old Orlando and Christiano. The parents were not embarrassed by the health of their children: they had congenital bilateral sensorineural deafness. Valentina decided to give the children cochlear implantation - an operation to install an electronic device that makes it possible to hear. Contrary to the doctors' predictions, the boys not only heard, but also spoke well. They are now in second grade and read and write well. For now, they can’t just ride on the slide with other boys - it takes time for their health to recover.

Having adopted a child, mothers and fathers begin to receive city payments

Last year, there was another addition to the family - two more children appeared, three-year-old Nastya and four-year-old Seryozha. The kids didn't speak at all. In the new family, Nastya began to babble in the first month and a half, and Seryozha also made great progress. Psychologists confirm: even in the atmosphere of a family shelter, where children are treated individually, it is possible to overcome the most complex illnesses.

“It’s not easy with adopted children; as a rule, many have delayed mental development, and you need to constantly work with them, but it’s worth it,” Valentina is convinced.

How to draw up a post-boarding patronage agreement: step-by-step instructions

If you are between 18 and 23 years old and need the help of a post-boarding supervisor, you need to take several steps:

Submit an application to the OOiP for consent to post-boarding care. Within 15 days, the documents will be checked, and the educational institution will select a teacher. Based on the results, an act is drawn up.
The teacher applies to the educational institution at his place of residence after passing a medical examination, submits an application and documents to establish patronage. Everything is reviewed within 7 days. During this time, the POiP checks his living conditions and studies his personal qualities. Based on the results, a housing inspection report is drawn up.
Based on the results, an agreement is concluded between the child and the curator.

The contract is valid for up to 1 year. Subsequently, it can be extended until the ward reaches 23 years of age.

Documentation

A graduate of a boarding school only needs to submit an application to the Educational Institution.

An extended list of documents is required from the teacher:

statement;
passport;
certificate of no criminal record;
medical report in form 164u.

After checking the property and equipment, in order to conclude an agreement, you will need an inspection report of the living conditions.

Statement and Conclusion

The application and conclusion on the possibility of becoming a post-boarding teacher are drawn up in the same form as for establishing social patronage.

Post-boarding care agreement

The agreement is concluded between the student and the curator with the participation of the educational institution.

What information is indicated:

complete information about the parties: passport series and number, citizenship, registration, education, residential addresses;
appointment of a specific citizen as a post-boarding teacher based on the conclusion (details);
obligations and rights of the child, curator;
number and frequency of inspections;
duration of the agreement.

At the end, the signatures of the curator, the adult ward and the representative of the OUiP are indicated. One copy remains for each person.

Sample agreement on post-boarding care:

How to take a child into foster care?

You can take a minor into foster care while living with a family.

What is needed for this:

Pass a medical examination and receive a conclusion in form 164u confirming the absence of dangerous diseases.
Contact the OUiP to undergo training at the school of guardians. The duration of study depends on the standards of a particular region, on average it is 70 hours. Based on the results, exams are taken and a certificate is issued.
Submit an application to the Department of Educational Institutions to obtain an opinion on the possibility of drawing up a foster care agreement.
Provide housing for OO&P employees to check living conditions.
Receive a condition inspection report.
Find the child and meet him. The meeting takes place in the presence of an OO&P employee, who draws up a report based on the results. If necessary, there may be several meetings. The opinion of the minor is taken into account and reflected in the act.
Choose an accompanying organization that will provide comprehensive assistance. You can't refuse this. The list of organizations is provided by OOiP.
Submit an application to the OOiP to conclude a foster care agreement, draw up an agreement. This is done within 10 days after the issuance of the act of transfer of the child.

The procedure takes a total of 1-2 months, including training courses.

Note! If you are in a registered marriage, you will need written consent for patronage from your spouse. It is drawn up in the presence of a representative of the OOiP. Consents of all adult family members are also provided, taking into account the opinions of children.

Documentation

When visiting the OOiP you will need:

statements: on the issuance of a conclusion, on the execution of an agreement;
passport;
certificate of completion of foster parenting courses;
a certificate confirming no criminal record;
education document;
certificate of family composition;
documents for property: certificate of ownership, lease agreement;
autobiography;
characteristics from the place of work;
salary certificate;
medical certificate

Important! Lists of documents are regulated by regions independently.

Application for issuance of an opinion

To obtain a conclusion on the possibility of becoming a teacher, an application must be submitted reflecting the following information:

Full name, citizenship, residential address, registration, education;
skills in the field of raising children;
place of work;
average earnings;
information about family members: full name, date of birth;
list of attached documents.

An application for the transfer of a specific child into foster care contains similar data, but additional information about him is indicated.

Sample application for the issuance of an opinion on the possibility of being a teacher under an agreement on social adaptation:

Conclusion of the OO&P

The conclusion of the guardianship authorities states:

FULL NAME. potential curator;
the number of children who can be placed in foster care;
maximum period of patronage;
other conditions: skills, personal qualities of the applicant, standard of living, etc.

The document is valid for six months from the date of issue.

Sample conclusion of the guardianship authorities on the possibility of being a guardian, adoptive parent, foster carer:

Agreement

An agreement is drawn up between the teacher and the educational institution, or another body responsible for patronage in a constituent entity of the Russian Federation.

What information does it contain:

name of the municipal body;
Full name, residential address, passport details of the curator;
information about the child: date of birth, full name, passport or certificate details;
a clause on the transfer of a minor to a foster family;
duties, rights of the curator and OO&P;
liability of the parties;
contract time;
signatures.

The contract is drawn up in quantities of 2 pieces. One is transferred to the OO&P employee, the second remains with the curator.

Sample agreement on foster family (foster care):

Payments to foster carers and children

The child retains all benefits intended for orphans.

The general list of payments for curators looks like this:

one-time benefit upon conclusion of the contract;
monthly remuneration;
compensation for utility bills (monthly);
funds for the maintenance of a minor;
benefits for certain categories of children left without parental care.

For the last two payments, curators provide reports on forms approved by the laws of the constituent entities of the Russian Federation.

Lawyer's answers to questions about foster care

How many children can I take into foster care?

The permissible number of children per teacher is determined by regional regulations. Typically, patronage is issued for no more than three minors.

On what grounds is a patronage agreement terminated?

The grounds for termination are the expiration of the contract, placement of the child with a guardian or adoptive parent, or transfer to another institution.

Can the curator terminate the contract on his own initiative?

Yes, such a possibility is provided. It is enough to contact the OOiP with an application.

Are guardianship authorities always involved in establishing patronage, or are there specialized institutions in cities?

Yes, in some regions there are such institutions, and all issues are resolved through them. For example, there are Family Arrangement Centers in Moscow and the region.

What are the consequences of removing a teacher from patronage due to his fault?

After this, the citizen will not be able to re-enter into patronage and guardianship agreements, and obstacles to the adoption of children will appear.

The situation in Russia today

Today in Russia it is possible to provide foster care services only after registration in a specialized foster care institution.
The idea of developing the institution of patronage is actively supported by social services and public figures.

The stereotype of perception of orphanages among Russian citizens is too negative, so foster care at home has become a good alternative. This is not just a bureaucratic procedure for placing a child in a family, but a whole system of work by professionals in various fields.