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Guardianship and trusteeship of minor children are established only after they receive the status of OBPR (left without parental care). According to the law (Article 121 of the Family Code of the Russian Federation), this status is given to minors in cases where the parents:

• died or went missing;
• incapacitated (including seriously ill);
• are in prison;
• deprived of parental rights;
• abandoned the child (for example, they did not take him from the maternity hospital or hospital, they wrote a statement of refusal);
• unknown.

Guardianship and trusteeship of children are established when the actions of parents harm their development or threaten their health and life. The decision about what these actions are is made by representatives of the guardianship authorities during an investigation of his living conditions. Usually, a child is taken away when the parents use alcohol and drugs, do not work and therefore cannot provide their children with even the most necessary things, and ignore the fact that the child is absent from school for a long time without a good reason.

For parents experiencing financial difficulties, the law provides for the opportunity to leave their child in a shelter for up to six months. In 95% of cases, single mothers take advantage of this opportunity. If a mother has not visited her child for six months or if she then does not want to take him away, her parental rights are limited.

The mere fact that a child is in a difficult situation does not give him OBPR status. An act is required, which is drawn up after examining the conditions of his life. Therefore, the first thing you need to do to take custody of a child is to contact the child protection authorities. A child from an institution (orphanage, shelter, etc.) already has OBPR status - you can immediately proceed to collecting documents for guardianship.

List of documents for registration of child custody

Before receiving certificates, you need to attend a foster parent school. There are five of them in St. Petersburg, training takes 1-2 months (depending on the program). Choose a school that has an educational license that allows it to issue certificates.

According to the law, the package of documents for child custody consists of:

• certificates of no criminal record;
• medical certificate;
• a document confirming the availability of housing for the future guardian;
• income certificates in form 3-NDFL;
• pension certificate (if available);
• certificate of completion of training at the SPR;
• autobiographies;
• marriage certificates (if any);
• statements.

A health certificate is issued according to form No. 164 (a sample can be printed out). You will need to be examined by doctors:

• phthisiatrician;
• infectious disease specialist;
• narcologist;
• psychiatrist;
• therapist.

You will also need to be tested for hepatitis B, C, HIV and the Wasserman reaction. You should go to the therapist last, because it is he who makes the final conclusion about the candidate’s state of health by filling out form No. 164-u.

Documents have different validity periods. A certificate of no criminal record is valid for a year, a medical certificate is valid for only 3 months, so it must be issued last.

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.

Guardianship complaint against parents

As a rule, in order to contact an institution it is necessary to file a complaint with all the necessary details. The laws state that parents, as well as guardians who have taken into their family for upbringing, must properly fulfill the responsibilities for raising and maintaining children. A complaint against the authorities may be made if signs of beatings are found in kindergartens or other institutions. When drawing up documents, you must follow all the rules of drafting that apply to an official document. A document that is drawn up in an improper form may not be accepted by the guardianship authorities and may be sent for correction. And this may take additional time.

Types of guardianship of minor children

The Family Code distinguishes between two types of guardianship - paid and gratuitous. But even in the second option, the guardian receives child support in the amount of the subsistence minimum (in St. Petersburg this is 10,605 rubles in 2021). In the case of paid guardianship, an agreement is concluded on the creation of a foster family, under which the foster parents receive an allowance for the maintenance of children, payment for their work and a number of benefits. The rights and responsibilities of guardians and wards in both types of arrangement are almost identical. We have collected everything in which they differ in a table.

Guardianship and guardianship is the main task

The main task is to help those children and teenagers who, by the will of fate, find themselves in a very difficult life situation, including through the fault of their parents.

The law on the Russian Federation’s PLO provides for the following tasks that must be performed by these government officials:

• This is to ensure the protection of the rights and interests of those citizens who are under guardianship or trusteeship;
• Protecting the interests of those who directly need guardianship or trusteeship;
• Monitoring the actions of those citizens who have become official trustees and guardians;
• Mandatory control over the safety of the property that legally belongs to minor citizens who have lost their natural parents;
• Control over institutions and organizations where disabled children reside;
• Other tasks and goals, the achievement of which should improve the situation of each individual child.

The goals are quite humane. Another thing is that guardianship and trusteeship still depend on the specific employee and his desire to help.

After all, everyone approaches their work differently, so their work efficiency may differ.

Guardianship of a child from an orphanage - details of registration

When you have a conclusion that you are a candidate for guardianship, you can contact the orphanage with a request to transfer the child. It is important to understand that social institutions where children are kept are closed to outsiders; you can only get there with a referral from the guardianship authorities. Before taking a child from an orphanage in another region, contact the guardianship authorities at your place of registration with a request to send a request to the guardianship at the child’s place of residence. As soon as the answer comes that the child is in the institution and they are waiting for you, you can go.

If you want to take a specific child, ask for a referral for him. If you have not decided on a candidate, write an application to the guardianship authorities to select a child. You can choose yourself using regional and federal data banks on orphans. But the guardianship authorities may have more up-to-date information - it’s better to look everywhere.

Before taking custody of a child from an orphanage, you can get to know him, study the materials of his personal file and medical record. The candidate for guardianship has the right to examine the child in a medical institution of his choice in order to get an idea of ​​his health.

Materials from the personal file will help you understand the prospects of staying with the person under guardianship: can the parents insist on the removal of the child (if they are in prison and the term expires soon, they can, and if they are missing, then in six months you can file a lawsuit for deprivation parents' rights and adoption).

In some orphanages, management prevents children from being placed under guardianship, insisting on adoption. They act in the interests of the child, but not within the framework of the law. If you are prevented from obtaining custody of a child from an orphanage without objective reasons, you can safely go to court.

Arranging for guardianship of a child from an orphanage, children's hospital and maternity hospital is no different from usual. In the interests of the child, you can insist on preliminary guardianship with a simplified registration procedure, and collect the full package of documents later.

Disguised seizure

Article 77 of the Family Code regulates the removal of children from families in Russia (removal of a child in the event of an immediate threat to life or health). According to it, social workers can remove children without a court decision if they receive a signed act from the executive authorities or the head of the municipality. But NGO experts point out that guardianship authorities also use other methods to remove children from families.

According to the head of the charity organization “Volunteers to Help Orphans” Elena Alshanskaya, there are few exemptions under Article 77, guardianship often bypasses it because it is difficult to work on it: you need to notify the prosecutor’s office about this and collect a package of documents for the court seven days in advance to deprive parents of their rights or limit them. That is, if guardianship has taken away a child, it is obliged to deprive the parents of their rights or limit them. This leads to another reason: it can be difficult for guardianship authorities to assess the situation on the spot.

“Employees come [to the family’s home] and objectively understand that they cannot make a decision in one visit, which sometimes lasts 20 minutes, or even several hours, whether there really are no alternatives and whether the parents’ rights will then need to be deprived or limited.” , says Alshanskaya.

Therefore, guardianship and trusteeship authorities often use other mechanisms instead of selection. For example, they come to the family with the police. And, if it is not possible to make an unambiguous decision, the police draw up an act to identify the neglected person. “Although this situation, to put it mildly, is on the verge of a foul, because there can be no child neglected in the presence of parents,” notes Alshanskaya.

Also, Elena says, there are cases everywhere when parents are forced to write an application for the voluntary placement of a child in a shelter. Her words are confirmed by the director of the Orenburg charitable foundation “Saving Life” Anna Mezhova. In fact, parents are given a choice, she explains: either they sign papers on the voluntary placement of children in an orphanage, or a procedure will begin to remove the children and deprive them of parental rights.

“In fact, this is not a voluntary appeal of families to the state for help, but a seizure formalized as a non-seizure. This causes people to protest. We must call a spade a spade,” says Mezhova. She also points out the danger of such guardianship actions in cases where the child really needs to be taken away from the family due to a real threat to his life and health. “Take, for example, parents who drink and abuse their child. Today the guardian will persuade them to give the child to a shelter, and tomorrow they will take him back and beat him in a drunken fight,” she gives an example.

As a result, Alshanskaya concluded, there are not so many removals of children from families on the basis of Article 77. And there are “full” of seizures that are documented as identification of a neglected person or voluntary placement in a shelter. “But precisely because they do not look like seizures, we cannot calculate how many there really are,” the expert comments.

Features of the legal status of a ward child

Usually in a foster family the child under care is loved as if it were their own. But from a legal point of view, he still has rights and obligations in relation to his blood family. The child claims the inheritance of his blood parents and is obliged to support them after reaching the age of majority if they turn out to be incapacitated.

• The rights and obligations of the guardian and the ward cease as soon as the latter turns 18 years old.
• If the trustee dies, then his status does not pass to the relatives - they will have to repeat the paperwork process in order to leave the child in the family.
• The guardian must manage the property of the ward in his interests. For example, if a child has monetary assets, it is necessary to ensure their safety from inflation.
• The guardian must report on the management of the assets of the ward, as well as the expenditure of benefits on him.
• A person under guardianship has the right to receive housing from the state only if no real estate is assigned to him.
• The ward has the right to enter a university without competition.
• The ward does not inherit the property of the guardian if the guardian has not made a will in respect of him.

If you have decided to obtain custody of a child, but do not know where to start the registration procedure, contact our agency. Our lawyers will advise you on the conditions and procedure for transferring children to a family. If the guardianship authorities refuse to register you as a candidate for guardianship, we will help you prepare a written appeal justifying the illegality of their actions. Our lawyers will also help prepare a statement of claim in case of violation of the law by guardianship authorities, the management of a social security institution, or blood relatives of the child under guardianship.

Frequently Asked Questions about Child Custody

How guardianship authorities help families with children

There are many myths and prejudices around the work of guardianship and trusteeship authorities in society. As soon as any high-profile scandal breaks out in the media involving children, guardianship officials are often reproached for inaction or, conversely, arbitrariness. How the work of guardianship actually works, how it can help the family and whether it is worth fearing, say employees of the Moscow guardianship and trusteeship authorities.

WHERE DOES THE SOS SIGNAL COME FROM?

The first option: Muscovites apply for guardianship on their own. There are consultation days when anyone can come with their problem and get a free consultation. You need to have your passport and documents directly related to the essence of the application with you.

“Usually we are talking about family conflicts or legal disputes. For example, to determine the child’s place of residence, establish a procedure for communication, assign alimony, and so on,” says Dmitry Ivashchenko , head of the department of guardianship, trusteeship and patronage of the administration of the Molzhaninovsky municipal district.

Another situation: the family finds itself in crisis. “Employees of the guardianship authorities are obliged to “go to the family” on any report of family troubles. This could be a message from neighbors, a call to the hotline, a written appeal from a school, the Ministry of Internal Affairs, a clinic or a hospital,” says Dmitry Ivashchenko.

The purpose of such an exit is to confirm or refute the presence of family troubles in the family. If everything is in order, then work with the family ends there. “You shouldn’t be afraid of this exit - this is just the work of the guardianship officials, and they are obliged to do it. The employees are not faced with the task of selecting a child or registering a family,” comments Dmitry Ivashchenko.

When visiting a family, a guardianship specialist first of all pays attention to what kind of relationships have developed in the family, what their nature is, how the parent provides the child’s basic needs for food, clothing, safety and development. “Guardianship specialists do not evaluate repairs in the apartment or material wealth, but they can see whether the plumbing and basic necessities are in working order - a refrigerator or a stove for preparing hot food,” says Maria Prokhorova , advisor on guardianship, trusteeship and patronage issues of the Severnoe district Butovo.

What conditions in the family hinder the normal development of the child:

• parents abuse alcohol;
• parents use drugs;
• the apartment has unsanitary living conditions;
• the child does not attend school for a long time, and so on.

The plan for individual preventive work is determined jointly with the family center: this includes psychological and legal assistance, social and economic support.

“We must understand that taking children away from the family is an exceptional and extreme measure that is used in cases where it is dangerous for a child’s life to be at home. Guardianship will never take a child away from a family where there is insufficient income or there are conflict situations that do not directly threaten the child. As a rule, guardianship, school, police, and the commission for minors try to prevent a situation that could lead to the removal of a child,” explains Dmitry Ivashchenko.

WHAT SUPPORT CAN FAMILIES COUNT ON?

“Preventive work with families in difficult life situations and socially dangerous situations is directly related to the balance of the rights of the child and the rights of parents. Our goal is to support a family with children at any time so that it survives. The guardianship, together with the family center and the school where the children study, organize comprehensive work with the family,” notes Olga Kulikova , deputy head of the OSZN of the Maryino district.

What is a difficult life situation? This category includes low family income, parental divorce, conflicts between spouses or parents and children. Often these factors are combined. Such families are regularly visited by guardianship staff.

Help. For parents in need of legal assistance, family center specialists are ready to provide free advice. Most often, parents are interested in issues related to receiving targeted social assistance from social security authorities, divorce proceedings and alimony, and registration of low-income families.

Families where there are conflicts between spouses, parents and children often require psychological help. In such cases, qualified psychologists and psychotherapists are involved in the work.

What is a socially dangerous situation? This is a category of families in which parents abuse alcohol or drugs, abuse children, and improperly fulfill parental responsibilities for the maintenance, care and upbringing of children. In such situations, guardianship officers regularly visit families and request information about children from schools and clinics.

Help. They will assist parents in obtaining medical help for alcohol and drug addiction. If necessary, parents will be helped to place their child in kindergarten or school.

The guardianship and trusteeship authority has the right to send a petition to the management company to restructure the debt to pay for utilities and remove the plugs. If parents do not have a regular income, they will be sent to the Employment Center for retraining or employment. If the family has low-income status or has many children, the district government can help renovate the apartment.

In the summer, schoolchildren from families in difficult life situations can spend time in children's city camps. This is especially important for those families who, for various reasons, cannot send their children on vacation to country camps or to the country.

NUMBER:

At
30 family centers,
families with children can receive:

• Legal consultations
• Psychological assistance
• Targeted social assistance (certificates for food, equipment, clothing)
• Help from social work specialists

FOR FOSTER FAMILIES: ACCOMPANIMENT AND NECESSARY SUPPORT

Support for foster families raising children is ongoing. Each family is assigned a guardianship specialist.

Parents turn to him on all questions regarding financial payments and benefits (remuneration for the adoptive parent, payments for the maintenance of the ward, and so on). At the same time, a guardianship specialist can resolve legal issues affecting the interests of children under their care. For example, registration and receipt of housing when a child comes of age.

“The foster family under no circumstances feels left alone with its problems. Guardianship is always interested in ensuring that the child in the family feels good and comfortable,” says Dmitry Ivashchenko.

A guardianship specialist and a psychologist assigned to the family visit the family regularly and regularly. If it turns out that parents or children, for example, need psychological help, then the guardian is asked to enter into a support agreement with an individual work plan.

“We constantly tell adoptive parents that there is no need to hide the difficulties they face. Together it is easier to solve problems and overcome difficult situations. For example, if necessary, specialists meet with teachers and school administrations to solve problems that have arisen with the education of children in their care, and attend meetings of school prevention councils and meetings of the commission on juvenile affairs,” notes Maria Prokhorova.

Support includes:

• professional consultations;
• legal assistance;
• help from teachers;
• social support.

FIGURE: About 50 institutions throughout the capital provide support for foster families - these are CSSV, family centers, social service centers, non-profit organizations and others.

“Our main task is to find a family for every child. Currently, there are 1,409 children in the capital's Centers for Promoting Family Education (FACE). Since 2013, almost 13 thousand children have found families. The amount of the monthly allowance for the maintenance of wards or adopted children, orphans left without parental care has also been increased. For example, when a disabled child is accepted into a family, more than 29 thousand rubles are paid monthly for his maintenance. Also, more than 800 apartments are allocated annually for CSSV graduates and foster families,” said Elena Zaitseva , head of the Department of Guardianship and Trusteeship for Minors of the capital’s Department of Labor and Social Protection.

HELP BY PHONE

Since March 2021, signals about possible family troubles and child abuse have been sent to the “051” hotline. They are processed and recorded by specialists of the Moscow Service for Psychological Assistance to the Population.

Thus, over the past year, about 1,500 requests , of which 39% concerned families who found themselves in a difficult life situation or a socially dangerous situation. They are assigned assistants from social family centers to accompany them.

MEANWHILE

Moscow is home to 1.5 million families raising 2 million children and adolescents.

Families with children are the subject of special care and attention of the Moscow Government. Every family can count on social support, including payments and various benefits.

All Moscow children have the right to:

• Free travel on public transport (up to 7 years old)
• Free medicine provision (up to 3 years)
• Free hot meals - from 1st to 4th grade of school
• Free school textbooks
• Free entry to city theaters and museums (up to 7 years old)
• Children's dairy products (up to 3 years)

Press service of the Department of Labor and Social Protection of the Population of Moscow

Court decisions

My housing: what to do if they try to kick you out of your apartment

The culprit of the accident fled the scene

Compensation for damages in favor of the buyer

Dispute with LLC Lenspetsstroy

Unified bankruptcy procedure for spouses

Suspended sentence for organizing a criminal community, when the penalty is up to 20 years in real terms

The neighbors reported me

If a conflict arose with neighbors and they promised to report to the guardianship authorities, or better yet, have already declared it, then you need to prepare for the fact that the guardianship authorities will definitely come and check. Everyone understands that small children are difficult to manage and nothing can be done about it. If all conditions for living have been created and you have a normal family, then nothing threatens you. Another question is if someone abuses alcohol or raises a hand against a child. In addition, you can send a counter-complaint regarding slander against your neighbor.

Thus. We can conclude that if you notice that your neighbors are not behaving properly towards their children, then you should immediately contact law enforcement agencies or the guardianship authorities.

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What does the guardianship department do?

Citizens who feel the need for additional support are interested in what standards the department’s employees are guided by and what measures should be expected in response to their appeal.

There is a clear definition of what the guardianship authorities do. According to Federal Law No. 48 of April 24, 2008 (Article, the state authority carries out:

1. Searching for and maintaining records of citizens who require outside support.
2. Interaction with the court when deciding on the establishment of incapacity or limited legal capacity, or termination of such status.
3. Coordination of guardianship and transfer of wards to worthy applicants.
4. Supervision of the work of the guardian and the living conditions of the transferred wards.
5. Termination of the status of a guardian or trustee if grounds are established to believe that they have failed to fulfill their obligations.
6. Coordination of transactions involving guardians and their wards. Without written permission from the supervisory structure, any transaction for the alienation of property of wards will be declared invalid.
7. Transfer of property of wards into trust management in accordance with Art. 38 Civil Code of the Russian Federation.
8. Speaking before authorities in the interests of minors when the guardian or trustee, due to circumstances, does not have the right to perform these functions. The participation of PLO employees in representing and protecting the interests of incapacitated citizens is organized in a similar way.
9. Resolution of the issue of the admissibility of separate residence of wards from their representatives (based on Article 36 of the Civil Code of the Russian Federation).
10. Checking the living conditions of children, monitoring the implementation of mandatory activities and the arrangement of life in the family in accordance with established standards.
11. Assistance in realizing the rights and benefits provided by law.

This or that decision of the PLO, if the interested parties do not agree, is subject to challenge in court.