All about patronage. How to become a foster carer and get paid for it?

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What is patronage? Description and definition of the concept.

Patronage - this concept represents the institution of the legal profession and is a form of legal activity that originated

in Ancient Rome. This concept is defined by a person who has a certain power and can be a patron.

If you look at the history of Ancient Rome, it becomes clear that the word patronage comes from the word father. That is, in the Roman Empire it was a noble citizen who was the patron of his clients and acted as a defense attorney in court. In fact, initially, at the time this concept arose, citizens were divided into two categories - patrons and clients, that is, patrons and those whom they covered. Although this concept has undergone various changes over time, it is worth noting that one established opinion for everyone regarding the meaning of this term is its application in legal practice. That is, it implies judicial protection of clients, protection of their rights. Patrons can act as guardians legally. Another common meaning of patronage refers to foster care.

Let's take a closer look at what patronage means.

What is patronage?

According to Art. 14 Federal Law dated April 24, 2008 No. 48-FZ, patronage is one of the forms of placing minor children under paid guardianship under an appropriate agreement.

At the moment, such an agreement can only be concluded in a few regions and territories:

• Moscow and Moscow region;
• Altai region;
• Tomsk region;
• Tyumen region;
• R. Kalmykia, Adygea, Dagestan.

The list also includes more than 40 other subjects, and in total there are 85 regions in the Russian Federation, which gives reason to believe that it is possible to establish patronage in only 50% of the territory.

At the moment, the features of patronage are regulated by regional legislative acts. Draft Federal Law No. 217944-6 has not yet been approved, but it is possible that a law will appear that will establish the nuances of this type of guardianship at the federal level.

We will consider patronage using the example of Moscow, because here the more clear and understandable conditions established by the Law of April 14, 2010 No. 12 apply.

Types of patronage

At the moment, there are several types of patronage in Russia:

• social;
• post-boarding;
• foster care.

Let's look at the features of each in more detail.

Important! If brothers or sisters need care, they cannot be separated. Separation is permitted if it does not conflict with the interests of the children. Also, citizens who are not officially married cannot obtain joint custody.

Purposes of patronage

The goals depend on the form of patronage:

1. Social. When accompanying the family, optimal conditions are created for the upbringing and development of the child, preventing minors from being left without parental care, providing all types of assistance to families, and preventing orphanhood.
2. Post-boarding: adaptation of graduates to independent life, individual support for wards, support in solving problems, correction of the adaptation process.
3. Foster family: creating a favorable environment for the development of the child, competent upbringing, providing protection by foster carers.

In the latter case, the child actually ends up in an ordinary family, where he is taught the necessary skills for development, adaptation and life in society as a whole.

Patronage and patronage: differences

Many people confuse these forms of guardianship, although there are many significant differences between them:

Differences between foster family and foster care

Foster care and foster care are also often confused, although they have only one thing in common - receiving remuneration for foster parents and educators for their work.

According to the law, these are two different forms of placement of children:

• in case of foster care, the guardian officially remains an orphanage or another institution (for example, an educational institution), but a tripartite agreement is concluded with the foster carer;
• more stringent requirements are imposed on adoptive parents;
• In case of foster care, responsibility rests with the educational institution and the orphanage; in a foster family, responsibility rests with the parents.

Legally, these are completely different forms of upbringing, but in practice a child, both under patronage and under a foster family, is provided with everything necessary.

Paid and gratuitous guardianship - similarities and differences

What documents are needed to register guardianship?

Concept, goals and functions of patronage

Patronage refers to an institution that is engaged in placing children into families who are not allowed to be adopted or taken under guardianship. These are the kids who, for various reasons, are not able to register in the database of orphans. According to the existing law, such a database includes only those children who are considered complete orphans, and children whose parents are alive, but are deprived of parental rights or renounce them.

There are situations when a baby has parents, or at least one of them, but for certain reasons they will not pay attention to the upbringing and care of the baby. It is then that patronage will come to the rescue, as a form of guardianship that provides temporary shelter for children from a problematic family until the parents resolve their own problems.

For this purpose, the child will be temporarily placed in a family of foster parents, where he is located until his personal parents are able to provide him with appropriate living and upbringing conditions. Throughout the entire time the baby is in such a family, he is looked after by social service professionals, and the country provides him with everything he needs.

Benefits of patronage

In 2021, several thousand citizens became foster carers, and for good reason - this form of guardianship has the greatest number of advantages compared to a foster family or regular guardianship:

• receiving money for the maintenance of a minor, transferring wages to the teacher;
• free legal and psychological assistance from the accompanying foster care organization;
• payment of sick leave, accrual of official length of service.

Conclusion: in fact, the foster carer does the work and receives money for it, but when drawing up a foster family agreement, he can take the child to his home. In the post-boarding form, cohabitation is not required, but with social patronage, the minor remains with the parents, but the teacher helps them in solving problems.

Reporting

Since the foster family receives funds to support the child, it is necessary to account for this funding. The reporting form is approved at the regional level. The documents must contain the following information:

• name of the institution to which the report is submitted;
• Full name of the teacher;
• Full name of children;
• balance of funds in the account at the beginning of the reporting period;
• amount of receipts;
• the amount of funds spent (broken down by type of expense);
• balance at the end of the period.

The report is submitted monthly or quarterly. A similar form is also submitted, but with data for the year. Documents are submitted to the guardianship authorities.

Requirements for foster carers

Adults with legal capacity can become a teacher under a patronage agreement, except for the following persons:

• deprived or limited in parental rights;
• having a criminal record for serious or especially serious crimes (unexpunged or outstanding);
• convicted for crimes against life and health, sexual integrity, against public morality, life and health of the population;
• those suffering from serious and dangerous diseases;
• disabled people of group 1;
• suffering from chronic alcoholism and drug addiction.

It is not allowed to conclude an agreement with former adoptive parents if the adoption was canceled due to their fault.

Important! Foster carers are required to undergo training at foster parents' schools organized by OOIP. If you already have a certificate of successful passing of exams, you do not need to study again.

Types of patronage

Types of patronage can be as follows:

• over the elderly - this includes the services of a nurse who helps citizens weakened by age-related diseases;
• for disabled people - supervision by a doctor or nurse, and the necessary procedures being carried out by these health workers;
• for a mentally ill person - the help of a psychiatrist or a nurse working in a psychoneurological dispensary, a family where a citizen suffering from a mental disorder lives;
• over children - active monitoring of children with poor health;
• over a newborn - supervising the baby, monitoring his condition, diagnosing developmental disorders and diseases;
• over the pregnant woman - active support of the pregnant woman from the antenatal clinic nurse, gynecologist-obstetrician;
• prenatal care (antenatal) - a school for future parents.

How to find a child and how does meeting him go?

If you have not decided who you want to foster, you can ask for information about the children in the Public Educational Inspectorate or check out the data bank about orphans in your region. There is also a federal bank, which reflects information about all children from the constituent entities of the Russian Federation.

It is important to take into account that a referral to visit a child is issued only after receiving a decision on the possibility of becoming a foster carer. The meeting with the minor itself takes place in the institution where he is being held. The presence of a representative of the POiP is required. You will be given documents for it, and will be introduced to medical certificates and illnesses.

If you wish, you can organize an independent medical examination - it is carried out in the presence of a guardianship officer. Based on the results, you will be given a conclusion, which will reflect all the information about the health status of the future ward.

How to become a foster carer: step-by-step instructions

To draw up a contract you need to take several steps:

1. Contact the OUiP with documents and receive a referral to take courses and a medical examination.
2. Take foster parenting courses and receive a conclusion based on the results of a medical examination.
3. Submit an application to the OUiP for permission to become a teacher. You will need a medical report, certificate from courses, and other documents.
4. Provide accommodation to check conditions.
5. Get permission. It is issued within 10 days.
6. Meet the child. There may be several meetings. When deciding whether to appoint you as a teacher, his opinion will be taken into account.
7. Submit an application for the issuance of a certificate appointing you as a teacher.
8. Receive the act within 10 days and conclude an agreement.

The entire procedure takes no more than 30 days.

Documentation

When contacting OOiP you will need:

Sample application for appointment as a foster carer

The application is filled out in the form established by the constituent entity of the Russian Federation.

When filling out, you will need the following information:

• name and address of the organization;
• Full name, registration address, place of work, position of the potential teacher;
• passport series and number, date of issue;
• education;
• citizenship;
• existing skills in communication and raising children;
• FULL NAME. the child over whom guardianship is established, his location.

Sample contract

The content depends on the form of foster care.

When registering, please provide general information:

• name, address of the organization;
• Full name, passport details, registered address of the teacher;
• Full name, details of the pupil’s birth certificate or passport;
• validity;
• timing of inspections;
• details of the decision of the head of the educational institution on appointment as a teacher;
• amount of benefits, remuneration.

The rights and obligations of the parties must be included.

Sample agreement on foster care for a child:

Foster family

In order to be able to take a child into a family on a foster basis, there are some requirements.

• Teachers can only be adults without a criminal record and restrictions (full or partial) in legal capacity.
• These cannot be people who have been deprived of parental rights or have restrictions in them, as well as people who in the past, through their own fault, were deprived of the status of a guardian or adoptive parent.
• Foster parents must have permanent registration and housing in normal, not emergency condition.
• Potential candidates should also note that the family must have at least one other source of income in addition to the foster care provider's salary.
• The foster family must undergo preliminary training to learn their rights and responsibilities.

Benefits and payments to foster carers

Foster carers are entitled to several types of payments:

• allowance for the maintenance of a minor;
• one-time payment upon execution of the contract;
• reimbursement of utility costs;
• monthly remuneration;
• compensation payment to children left without parental care.

The number and size of payments depend on the region.

Legal advice: it is better to clarify the issue of benefits and compensation with Social Security at the place where the contract was concluded. They differ in different cities.

How to arrange a monthly remuneration for a foster carer?

To process payments, you need to contact the Social Security Office at your place of residence with a complete list of documents:

• foster care agreement;
• statement;
• passport;
• child's birth certificate;
• SNILS;
• TIN.

If the ward is diagnosed with a disability, a medical certificate will be required.

Sample application for the appointment of a monthly allowance for the maintenance of children raised in foster families:

The submitted documents are reviewed within 10-15 days, and based on the results, a decision is made on the assignment of benefits. The money is accrued from the date of filing the application with Social Security until the termination of the contract.

Lawyer's answers to questions about patronage

I want to conclude an agreement on post-boarding education. Can a graduate of an orphanage live with me?

Yes, cohabitation of a graduate with a teacher is not prohibited, but is not mandatory.

I want to take a child from an orphanage under an agreement, but he will be released soon. Will he lose the right to receive an apartment from the state?

No, the right to allocate real estate will remain with him. It is canceled only in case of adoption.

How do I find out if it is possible to conclude a patronage agreement in my city?

You can find out more information at Social Security in person or by calling. Information on specific regions is also available on the Internet.

Can a pupil claim the property of a foster carer during inheritance?

No. He gets the property only if the teacher has made a will in his name.

Until what age can a child be placed in foster care?

The period is set by the Educational Institution, but the maximum age of the pupils is 18 years. After this, it is only possible to conclude a post-boarding education agreement.

How is patronage different from patronage?

Patronage and patronage are very similar sounding concepts and the essence of which is patronage over someone. But, there are some differences. Patronage is, first of all, social care, medical assistance for incompetent people or minors.

And patronage is one of the most effective forms of guardianship over children left without parental care temporarily or for a long time. It promotes positive social development. Unlike education in a boarding school, this type of patronage has multiple advantages.