Authorized bodies in the field of guardianship, trusteeship and patronage

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.

Types of child guardianship

When a child under 14 years of age is taken into a family without parental care, guardianship is established; from 14 to 18 years of age - guardianship. It is customary to use the general wording - “guardianship” - so it will be used further. In both cases, the design features and step-by-step algorithm of actions are the same.

There are several types of guardianship:

• joint, where two guardians are appointed for one minor;
• preliminary;
• temporary;
• complete.

There are a lot of differences between them, let's look at them in detail.

Joint custody

Some citizens mistakenly believe that joint custody is assigned after a divorce if the parents of a minor live separately. This is not true: former spouses do not have the right to obtain custody of the child, because already without this they have all the rights to it.

In fact, joint custody is established at the discretion of the SP.

Typically, a child is assigned one guardian, but a government agency has the right to appoint two people in several situations:

1. The child lives with one guardian, but he has property located in another city or country. In this case, a second citizen may be appointed as a legal representative to conduct transactions on behalf of the minor.
2. It has been established that the presence of two guardians will have a positive effect on the condition and interests of the minor: for example, if he is taken by his spouse, and he has a favorable relationship with both of them.

The issue of determining joint custody is decided by the POiP individually, depending on the circumstances. To establish it, citizens submit a general application.

Preliminary guardianship

The specifics of assigning preliminary (temporary) guardianship are regulated by Art. 12 Federal Law dated April 24, 2008 No. 48-FZ. It is carried out if the child urgently needs a temporary representative, if his absence risks placement in an orphanage.

Preliminary guardianship is established for a period of up to 6 months, if necessary extended to 8 months.

Note! Relatives have priority rights to custody of a child: grandmothers, sisters, brothers, grandfathers, aunts, uncles. The main thing is to reach the age of majority and meet the established requirements.

Full guardianship

According to Art. 145 of the RF IC, full guardianship is determined for children left without parental care due to their death or deprivation of parental rights. The representative must fulfill his duties until the child reaches adulthood.

Exceptions are obligations under transactions: before the age of 14 they are made by a guardian, after the transaction they are concluded by the child himself, but with the consent of the guardian.

Differences between types of guardianship

Let's look at the differences between different types of guardianship:

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Features of child custody

At the initial stage, guardians will have to go through school and a medical examination. The courses allow you to prepare citizens to interact with a child, and a certificate of completion will be needed for general education and training. A medical report is needed to exclude dangerous diseases in the applicant.

Let's figure out who can take custody of a child and under what conditions.

Who can become a child's guardian?

Requirements for guardians are established by Art. 146 RF IC.

Adult citizens who meet the established criteria have the right to obtain guardianship of a child:

• availability of living space (not necessarily owned);
• absence of medical contraindications, group 1 disability;
• passing a guardian training school;
• having a regular income;
• no criminal record.

Persons deprived of parental rights or previously removed from guardianship due to their fault cannot apply to obtain guardianship over a minor. An agreement cannot be concluded with citizens in a same-sex marriage.

Is it possible to obtain guardianship with living parents?

Guardianship for living parents is granted in two cases:

• they are absent temporarily and consent to the establishment of voluntary guardianship;
• the child is recognized as left without parental care.

If parents want to obtain temporary guardianship of a child, they must independently choose a guardian and contact the POiP. Also, a statement of consent to become a guardian is provided by the applicant himself.

Guardianship or adoption: what is the difference and which is better?

What documents are needed to register guardianship?

Difference between guardianship and trusteeship

In paragraph 2 of Art. 2 of Federal Law No. 48 states that after a child reaches the age of 14 years, his guardian becomes a trustee. From this moment on, the minor receives a passport of a citizen of the Russian Federation and is recognized as having limited legal capacity. Such a person may be held responsible for his actions, but at the same time has certain legal restrictions. To take certain legal actions, a minor must obtain permission from his or her guardian.

Guardianship and trusteeship differ in the rights and responsibilities of both parties. From the age of 14, a child has the right to make some decisions independently.

If a child causes damage to any property, the guardian bears full responsibility for it, and the trustee only bears subsidiary responsibility.

The trustee has no right to enter into any legal transactions on behalf of his ward. He can only give his consent to conclude such an agreement.

How to obtain guardianship of a child: step-by-step instructions

The procedure for obtaining permanent guardianship and guardianship over a minor left without parents consists of several stages:

1. Within 1 month after the death of the mother and father or deprivation of parental rights, OOiPs look for a guardian on their own.
2. The guardian submits an application and documents, undergoes a medical examination at the medical institution at the place of registration, and attends a guardian school.
3. Having received a medical report and a certificate from the training courses, the applicant submits everything to the OiP.
4. The applicant takes written consent from all family members living in the same apartment with him. The consent is drawn up by a notary or filled out in the presence of an OO&P employee.
5. Within 7 days after receiving the full set of documents, POiP employees conduct an inspection of living conditions.
6. 3 days after the inspection, an act is drawn up, documents are submitted to the head of the POiP to formalize the decision to appoint a guardian.

On average, the procedure takes 15-20 days, excluding training time at the foster parents’ school.

Important! When registering guardianship for relatives, attending guardian school is not required.

Guardianship of a child from an orphanage

The procedure looks different if a citizen wants to take custody of a child from an orphanage:

1. An application is submitted to send guardians to the school.
2. The applicant undergoes training and a medical examination.
3. The certificate and medical certificates are provided to the POiP.
4. State agency employees are checking the applicant’s living conditions.
5. A conclusion is issued regarding the possibility of being a guardian.
6. The citizen chooses the child. Information about children in need of care can be obtained from the Public Educational Inspectorate and on specialized websites.
7. The applicant meets the child on the territory of the orphanage in the presence of an employee of the educational institution. If necessary, several meetings are organized.
8. Based on the results of the meetings, the OO&P employee draws up a report. The decision on custody is made taking into account the opinion of the child under 10 years of age. Consent is required from children over 10 years of age. Documents for the minor are provided, incl. and certificates of existing diseases - the applicant for guardianship must be notified of this in advance.
9. The documents are submitted to the head of the educational institution, who makes a decision to appoint the applicant as the guardian of a particular child.

Let's look at a practical example:

The woman turned to the OOiP, wanting to become the guardian of a child from an orphanage. She was given a referral to study at a school for guardians. The applicant completed courses, a medical examination and provided documents to the Department of Internal Affairs. Subsequently, a child was selected from the database and the woman met with him. The meeting went well, and the minor agreed to the applicant's guardianship.

The decision to appoint a guardian has been made. A full guardianship agreement was concluded with the woman on a reimbursable basis, thanks to which she was able to obtain benefits.

Documents for guardianship

When contacting OOiP you will need:

Legal advice: a medical report is valid for 6 months, a certificate from your place of work is valid for 1 year. To avoid expiration, it is recommended that you complete the guardianship as quickly as possible. If you miss the deadline, you will have to obtain the documents again.

Autobiography

Federal legislation does not provide for a sample autobiography, but may be established by regional authorities.

Usually a simple written form containing complete information about the future representative is sufficient:

• Full name, date of birth, residential address, information from the passport;
• information about training: start and end dates of studies, name of university, faculty, specialty;
• information about the work: start and end dates of the employment relationship, organization, position;
• personal qualities;
• skills, hobbies, ways of organizing leisure time.

Having a pedagogical education will be an advantage: as practice shows, OO&P teachers are more willing to approve guardianship.

Sample autobiography for guardianship: alt: Sample autobiography

Guardian's application

The application is completed by the applicant in the form regulated by Order of the Ministry of Education dated January 10, 2019 No. 4.

What data will be needed:

• Full name, residential address of the applicant;
• name of the organization where documents are submitted;
• citizenship, telephone number, criminal record information;
• Full name, date of birth, date of commencement of relatives’ residence in the guardian’s home;
• a request to transfer a specific child into guardianship, indicating his full name and date of birth;
• additional information: parenting skills, professional activities;
• date and signature of the applicant;
• a list of submitted documents.

Note! An application for the issuance of an opinion on the possibility of being a guardian of a child from an orphanage is filled out using a similar form.

Sample application for guardianship of a child: alt: Application for appointment as guardian

Application from parents for the transfer of a minor child into guardianship

The application is filled out by the parents jointly and submitted to the OUIP if there are good reasons why a guardian should be appointed for the child.

The document contains the following information:

• name, address of the organization;
• Full name, passport details of the parties;
• phone numbers;
• Full name, date of birth of the minor;
• Full name, date of birth of the potential guardian;
• reasons why temporary guardianship is required;
• duration of guardianship;
• signature on the notification of deprivation of parental rights in case of failure to fulfill obligations to a son or daughter;
• signatures of both parties at the end.

It is important to take into account that, in addition to the application from the parents, a statement from the guardian is required - it is drawn up in the form indicated above.

Sample application from parents for the transfer of a minor child into guardianship: alt: Application from the child’s parents for temporary guardianship

Consent of relatives

Consent is signed in simple written form and is required from persons over 18 years of age, taking into account the opinions of children over 10 years of age.

What information is indicated:

• Full name, date of birth, residential address of all family members;
• confirmation of consent to establish guardianship of a specific child (full name).

At the end the signatures of relatives are placed.

Sample application for consent of relatives to guardianship of a child: alt: Application for consent of family members to accept a child into the family

Registration deadlines

If citizens do not require training in guardian courses, everything is completed in 15-20 days. If studying is necessary, the procedure will last for 1-2 months due to the time spent on classes.

Protection of the rights of minor children

The law determines that the protection of the rights of minors is carried out by their representatives - parents, guardians or trustees. In a situation where the parents’ rights were limited by court order, the interests of the child will be protected by the guardianship authorities.

When parents or adoptive parents are absent, the administration of the organization will act as a guardian when the person is placed.

Options for protecting children's legal rights

There are a number of methods that can be used to protect the interests of a child, which are prescribed by law. Among the main ones:

1. Contacting the government organs. For example, the police, guardianship authorities. You can also contact the Committee on the Rights of Minors, as they work in the areas of preventing legal violations and conducting psychological and social rehabilitation.
2. Proceedings in court. Restoration of the violated rights of minor citizens can be carried out within the framework of civil and administrative procedures. Criminal situations also occur. The claim is submitted by the child's guardian on his own behalf.

When guardianship institutions determine that there is a conflict in the interests of the child and the parents, they cannot represent the minor.

Protecting children's rights in education

The right to free general education is enshrined in law, and violations in this area are quite common. Even when the minor takes various measures for better education, officials of the educational institution are able to demand payment of financial contributions. They are mainly intended for:

• Purchase of textbooks.
• Repair
• Purchasing water.
• Purchases of school uniforms and other expenses that are not related to the training procedure.

ATTENTION! Demanding payments from institutional officials, teachers, and parent committees is considered illegal. When, due to non-payment, a child is hindered in the procedure for obtaining knowledge, he must contact the prosecutor's office.

When a minor needs to continue his education in this institution, legal representatives need to be tactful. A further step is required only in a situation where the previous one did not give a favorable outcome. A joint appeal to each department can cause a negative attitude towards the child on the part of teachers.

Protection of the rights of minors violated in the family

Often, a child needs to be protected from precisely those citizens who must ensure his protection. The problem of early detection of abuse in the family is acute for specialized authorities.

Legal representatives most often endanger the life and health of citizens under the age of 18, as well as their property. A feature of these offenses is the difficulty in defining them. Conflict situations that occur in the family are closed from prying eyes. This creates an additional danger for the baby.

Application to social security authorities

In the social protection system of the region and residents of the Russian country, there are specialized bodies that are responsible for protecting the rights of minors. This is social. guardianship and trusteeship.

Russian guardianship laws are transferred to municipal authorities for implementation. Consequently, any administrative region has its own department.

The exercise of powers is carried out upon application. When a legal representative needs a document to protect the property of a minor, it is necessary to contact the department at the place of registration of the child or the location of the property. When children's rights are violated by parents or guardians, anyone can report this to the guardianship authority.

Restoration of violated rights

Restoration of the violated rights of persons under the age of 18 is carried out in court and involves a comprehensive investigation with the participation of both government bodies and representatives of the law.

The opinion of the department for the protection of children's rights will definitely be heard. Provided that there is a real legal violation, the judicial authority and social care always take the side of the children.

Payments and benefits for guardians of minors

Representatives of minors can apply for several benefits:

• one-time;
• monthly;
• regional;
• benefits for full-time students left without parents;
• survivor's pension.

Read more about each payment below.

One-time benefit

One-time payments are transferred to guardians once when guardianship is established as financial support from the state. The size is RUB 17,479.73. They pay more for disabled children - 133,559.36 rubles.

To apply, you need to contact Social Security with the following documents:

• passport;
• decision of the Public Protection Authority on the appointment of guardianship;
• bank details for transferring funds;
• death certificate of the minor's parents, a copy of the court decision on deprivation of parental rights, the decision to recognize them as missing;
• certificate of disability (for disabled children).

If a citizen has taken custody of a relative, documents confirming the relationship will be needed.

Monthly allowance

Benefits are paid to the children but are credited to the guardian's account. Money can only be spent on minors.

The amount of benefits depends on the region. Everything is processed through Social Security.

Payments to students

Orphans studying full-time are paid a special scholarship. The amount is set by regional legislation, on average it is 7,000-10,000 rubles. Part-time students cannot receive it.

In addition, subjects have the right to assign “lifting” payments to children under their care before graduating from universities. All benefits are issued through Social Security or an educational institution.

Survivor's pension

The pension is assigned to a child whose one or both parents have died. If parental rights are deprived, it is not formalized. The amount of payments is 5,034.25 rubles. monthly. If both mother and father die at the same time, 10,068.53 rubles are received.

Guardians receive the allowance, but report expenses to the POiP. There is another option - to open a personal account in the name of a minor and transfer payments there.

Rights of minor children

The basic rights of children in the family include:

• Living in the family of origin and well-being that contribute to the development of the child’s personality.
• Living with parents in one place until the age of 14.
• Receiving your own name, which is provided by parents by mutual consent, patronymic and last name from dad or mom.
• Open expression of personal position on any issues and issues that relate to his interests and upbringing.
• Maintaining relationships and communication with every close relative, both from the mother’s side and the father’s side.
• Protection of personal rights by all legal means.
• Possession of personal income.

Rights and responsibilities of a guardian

According to Art. 148 of the RF IC, the guardian is vested with virtually the same powers as the parent:

• raise a child, engage in spiritual, psychological, physical development;
• choose ways to raise a minor, taking into account the opinion of the educational institution;
• demand the return of the ward in case of illegal retention by third parties;
• represent interests in budgetary and private organizations;
• choose a form of education, university or other educational institution for the ward, taking into account his opinion.

As for responsibility, until the child reaches 14 years of age, it is entirely borne by the legal representative. After 14 years, joint and several liability applies depending on the situation.

Legal Advice: Responsibilities and rights are explained in foster parent training. It is important to pay special attention to this point and, if necessary, ask questions to the teacher.

What is guardianship?

Guardianship can be granted to a child who is under 14 years of age and left without parents. This right is enshrined in clause 1 of article 2 of Federal Law 48.

Guardianship is formalized so that the child has a person responsible for his upbringing, maintenance and development.

The duties of a guardian include the following:

• organization of everyday life for the full existence and development of the child;
• protection of the rights of the child in all institutions and authorities;
• management of funds that are intended to meet the needs of the child.

How do guardianship authorities supervise guardians?

The rules for exercising control are established by Decree of the Government of the Russian Federation dated May 18, 2009 No. 423. According to it, POiP employees, within the established time limits, check the living conditions of the wards and find out what kind of situation they are in, what kind of relationships have developed with the family members of the guardians, and how the latter dispose of the property of the wards.

Inspections are carried out according to the following schedule:

• once during the first month after registration of guardianship;
• once every three months in the first year;
• once every 6 months from the second year.

The report begins from the date of the decision of the POiP to appoint a representative.

Guardian report

In addition to participating in scheduled inspections, the guardian must annually, no later than February 1, provide a report on the spending of the ward’s money and the disposal of his property. It includes expenses for the child, information about transactions with real estate and other valuables.

If a representative fails to provide a report, they may be fined 300 rubles, and in particularly difficult cases, the guardianship may be revoked.

Note! Money transferred to sponsored children can only be spent on them. Subsequently, all expenses are reflected in the statements.

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A lawyer's answers to questions about child custody

Can the child's grandmother obtain guardianship?

Yes, relatives have priority when establishing guardianship.

How to sell the apartment of a child under guardianship?

No.

Which is better: guardianship or adoption?

Adoption is carried out by court decision, higher requirements are imposed on adoptive parents, and they do not receive child benefits. Legally, they are equal to parents. The guardian has the right to government payments, but their rights to children are limited compared to adoptive parents.

Can a common-law husband obtain custody of a child?

Yes, but only temporary if the mother leaves for a certain time. Permanent guardianship is established for minors left without parental care.

Is it necessary to maintain an age difference of 16 years between the guardian and the ward?

No, this rule applies only to adoption (Article 128 of the RF IC), if the adoptive parent is not a relative of the child. A guardian only needs to be an adult and meet other requirements.