Where to complain about the guardianship and guardianship authorities

Guardianship and trusteeship authorities, in accordance with the legislation of the Russian Federation, are obliged to provide guardianship and protection to children who have not reached the age of eighteen. These are not only children under the care of another family, but also ordinary families in difficult life situations (one of the parents has died or is seriously ill). In addition, guardianship authorities must monitor children from disadvantaged families if they continue to be at home and have not been removed. In this article, we will look at how to write complaints against guardianship authorities and what actions can serve as grounds for writing a complaint.

Concept of improper child rearing

The rights and responsibilities of parents are regulated by Art. 63 and 64 RF IC.

According to them, until the child reaches adulthood, they must:

• bear full responsibility for their development and education;
• take care of mental, physical, moral and spiritual development;
• provide food, treatment, clothing, and general education;
• protect the interests of minors before government and commercial institutions.

Based on the above, improper upbringing of children means a violation of at least one point:

• creating obstacles to obtaining education,
• amoral behavior,
• fostering an asocial perception of the world and others.

There is no exact wording in the legislation.

Ombudsmen for Children's Rights

The Commissioner for Children's Rights under the current head of state is one of the guarantors of the interests and rights of children under the age of majority. The powers of such a person include mandatory inspections of the guardianship authorities, as well as the issuance of conclusions on the facts of any observed and found violations on the part of the guardianship authorities, guardians and/or trustees.

An important point: in order to more quickly consider a complaint against the guardianship authorities, the applicant party must send his appeal to the authorized representative, and he, in accordance with the norms of the current legislation, will have to protect both the interests and rights of children living in the territory of a certain region.

And if this does not happen, the complaint will be automatically sent to the immediate regional commissioner. This option will also be quite acceptable, however, it may significantly delay the consideration of the complaint filed.

Grounds for contacting the guardianship authorities

The responsibility for monitoring families and children rests with the guardianship and trusteeship authorities Federal Law No. 48-FZ dated April 24, 2008.

Concerned citizens can apply there if there are the following grounds:

1. Poor living conditions for minors. This means starving children, constantly wearing sloppy clothes, fasting, and systematically missing classes in an educational institution.
2. Alcoholism, drug addiction and substance abuse. If parents have such illnesses, it is difficult for them to form a correct vision of the world in their children. Minors are in extremely poor conditions: they experience psychological and physical violence and do not receive proper education. There are many accompanying factors: poor nutrition, poor performance at school, etc.
3. Leaving a child in danger. Appealing to the OiP is relevant when, due to the unlawful actions of parents, the life and health of children are in danger.
4. Abuse of parental rights: ban on attending school and additional classes, deliberate formation of bad habits.
5. Cruelty: the use of violence against children in the form of threats, beatings, intimidation, and other psychological pressure.

Let's look at practical examples: No. 1. Unfavorable living conditions for the child.

The Avdeev family lives in a private house, they have three children. The house is in disrepair and requires major repairs. The sons and daughter do not eat well, they look sickly and unkempt, and they have bad habits - smoking. The mother does not work, and the father’s salary is 15,000 rubles. There is an unfavorable situation in the family, identified by the POiP during the visit after receiving a complaint from neighbors. The parents registered him and ordered him to correct the situation.

No. 2. Leaving in danger.

The Abaimov couple stopped by to visit friends, leaving their 3-year-old child in the car in the sun. The girl was there for 2 hours until a random passer-by noticed her. He called the police. Upon arrival, the car doors were opened and the child was taken away by an ambulance crew. Due to being in a stuffy hot salon, the girl lost consciousness. After resuscitation, she regained consciousness, but significant health problems were discovered.

The parents have been found and the case has been transferred to the prosecutor's office. The father and mother were brought to justice under Art. 125 of the Criminal Code of the Russian Federation and ordered to pay a fine in the amount of 80,000 rubles. The family was registered. They did not deprive them of parental rights: according to surveys of neighbors and characteristics from the spouses’ jobs, they are considered respectable citizens and treated their child with care before the above situation.

No. 3. Alcoholism of parents.

There are five children in the Afanasyev family. Parents do not work and live on child benefits and other payments from the state. Both suffer from chronic alcoholism. The daughters study poorly, wear torn clothes, and exhibit antisocial behavior.

Neighbors filed a complaint against the Afanasyevs with the guardianship authorities. For the first time, their parental rights were limited after checking the children’s living conditions. For the second time, the court decided to deprive of rights on the basis of Art. 69 RF IC, because Since the first trial, the situation has not changed - it has only worsened.

Note! You can file a complaint against both biological parents and guardians or adoptive parents if there are grounds.

Why can guardianship authorities take a child away and how to prevent this? Can a child be taken away based on a neighbor's complaint if he makes noise or cries?

Conclusion of the guardianship and trusteeship authorities on deprivation of parental rights

Methods of circulation

Let's consider where to complain about an aggressive child. From time to time, situations arise in classes when one minor bullies the entire class. Parents try to influence teachers, but they do not have sufficient power to resolve the conflict.

In practice, one of the popular solutions is to apply for guardianship. However, the law does not provide specialists with such powers.

To resolve the situation, you need to contact the PDN. To do this, you must include evidence. The police officer will draw up a report and the child’s parents will be held accountable. In [current_date format='Y'] this is the only impact method.

You can submit a complaint in the following ways:

• personally;
• by mail;
• by phone;
• through the website of the guardianship department;
• through an educational institution;
• through a medical institution.

If a citizen does not want to contact the guardianship department on his own, he can contact the child’s teacher or district pediatrician. If the information is confirmed, the officials will independently inform the authorized body.

Reasons for contacting may be:

• child abuse;
• presence of injury in a minor;
• prolonged crying;
• finding a child in a public place without parents and persons replacing them;
• information about violation of children's property rights;
• lack of basic necessities for minors;
• sick or emaciated appearance of the child.

In the Russian Federation, timely reporting of signs of child abuse is not accepted. As a rule, communication is carried out exclusively for personal purposes. Therefore, there are difficulties in the country with early detection of domestic problems.

Responsibility for improper upbringing of a child

According to the law, there are several types of responsibility for parents for poor upbringing of children:

Note! The application of a specific norm of the Criminal Code of the Russian Federation depends on the composition of the crime. For committing violent acts, leaving them in danger, beatings, or involving them in prostitution, parents can be punished under various articles, but another outcome is deprivation of parental rights after the court verdict enters into legal force.

Legislative regulation

1. International regulations;
   Hague Convention 1961;
2. Minsk Convention 1993;
3. Constitution of the Russian Federation, art. 7, art. 38;
4. Civil Code of the Russian Federation Art. 34;
5. Family Code of the Russian Federation;
6. Criminal Code of the Russian Federation Art. 156;
7. Federal Law of April 24, 2008 N 48-FZ “On Guardianship and Trusteeship”, Art. 7, 8.24;
8. Decree of the Government of the Russian Federation of November 17, 2010 N 927 “On certain issues of guardianship and trusteeship in relation to adult incompetent or partially incompetent citizens”

How to file a complaint: step-by-step instructions

Having noticed improper fulfillment of parental responsibilities to children, citizens can file a complaint with the POiP as follows:

1. Make a written statement.
2. Contact the Department of Internal Affairs at the place of residence of the minor. You need to have your passport and collected evidence with you.
3. Guardianship staff will conduct an inspection and make a decision based on the results.
4. A response with a report on the measures taken will be received by the applicant within 30 days.

Legal advice: if you believe that the child is in danger due to the illegal actions of the parents, send evidence along with the application. These can be video and audio recordings, notes, certified copies of correspondence.

However, the applicant is not required to provide evidence. Specialists from the guardianship department are required to leave even if there is an anonymous signal.

Ways to file a complaint

Citizens have several ways to contact the POiP:

• through an electronic form on the official website;
• in person at the institution;
• by mail (registered mail with acknowledgment of delivery).

Important! You cannot send an application through Gosuslugi or MFC.

Who has the right to file a complaint?

All citizens who notice a parent’s offense against a child have the right to appeal to the POiP:

• neighbors, doctors, teachers;
• grandparents, second parent;
• any interested citizens.

If the complainant wishes to remain anonymous, they can call the POiP phone number. Even in this case, departure is guaranteed.

Where to file a complaint?

There are several situations in which you should contact not only the POiP, but also other institutions:

In both cases, POiP employees are involved in reviewing appeals. The same applies to filing a complaint with guardianship: if a criminal offense or administrative offense is discovered, representatives of the IPDN or the prosecutor’s office will participate in the proceedings.

Where to complain

Complaints about parents not fulfilling their responsibilities or showing cruelty are considered by:

1. Guardianship and trusteeship authorities.
2. Commission on Juvenile Affairs.
3. Police.
4. Prosecutor's office.
5. Court.

You can file a complaint not only against the biological father and mother, but also against the adoptive parents or guardians if there are appropriate grounds.

Guardianship and trusteeship authorities

Art. 8 of Law No. 48-FZ and Art. 121 of the RF IC entrusts the guardianship and trusteeship authorities with responsibilities for protecting the interests of minors, including those related to parents’ evasion of their duties and the commission of actions that pose a danger to children.

Guardianship authorities protect the rights of minor children only. If the offenses involve an older citizen, you should file a complaint with the police or prosecutor's office.

The complaint is made in simple written form, which indicates:

• Addressee and sender details.
• Circumstances that prompted the application to the OOiP: who is the applicant’s family member, what illegal actions are the father/mother committing, has similar behavior been noticed before, etc.
• Measures that must be taken (checking living conditions, conducting an explanatory conversation, considering the issue of deprivation of parental rights, etc.).
• Date of compilation and signature of the author with transcript.

You should contact the territorial office at your place of residence. If a personal visit is not possible, you can complain through a telephone call, mail or electronic reception on the department’s website.

Regardless of the method of filing a complaint, representatives of the POiP are required to respond within 3 working days (Article 122 of the RF IC). In order to verify the information presented, they can conduct conversations with neighbors and examine the place of residence. If real facts of violations are revealed as a result of the inspection, the family is registered and a decision is made to determine the place of residence of the minor: if the behavior of the father/mother does not pose a threat to the life and health of the child, the latter is left in the family; if real threats are identified, they are temporarily taken away and placed in a special institution. In the latter case, the verification materials are submitted to the court along with a claim for restriction or deprivation of parental rights.

Juvenile Affairs Commission

One of the commission’s tasks is precisely to protect minors from all forms of discrimination, violence and other forms of violation of their rights. It is formed from representatives of bodies and authorities directly related to children (school directors, medical workers, psychologists, police representatives, etc.).

If you have complaints about the behavior or actions of parents, you should complain to the commission at your place of residence.

You can find out the address, contact details, and the schedule of reception of citizens for district commissions of different districts of Moscow at the link https://mkdn.mos.ru/about-the-commission/system/

The commission considers cases regarding the actions of parents for which administrative liability is provided, including:

• failure to fulfill parental responsibilities (Article 5.35 of the Code of Administrative Offenses of the Russian Federation), including the presence of a minor on the street at night (which is prohibited in most regions and is regulated by local regulations);
• attracting a minor to drink alcohol (Article 6.10 of the Code of Administrative Offenses of the Russian Federation);
• consumption of alcohol, drugs, psychotropic substances in public places (Article 20.20 of the Code of Administrative Offenses of the Russian Federation).

Police

If parents beat their children or threaten them, they should file a report with the police. You should also contact us in emergency situations when you need an urgent response to a problem. Employees are required to immediately respond to the application and go out to check. If violations are detected, the relevant authorities (guardianship authorities or commission for minors) will also be involved in the consideration of the case.

The application is written to the head of the police department. Approximate wording: “I ask you to take action against the parents (full name) who live at the address... The father and mother do not fulfill parental responsibilities in relation to their child, namely (listing of violations).”

The police often do not like “family squabbles”, so they may dissuade the applicant from writing a complaint or outright refuse to accept the application. In such cases, the applicant has the right to complain to the prosecutor's office.

Prosecutor's office

The commission of illegal actions by parents in relation to a child may be grounds for contacting the district prosecutor's office. This authority is also obliged to monitor the implementation of legislation by other government bodies, so the lack of response from the guardianship authorities may also become a reason to contact the prosecutor's office.

Contact information for sending an application or a personal visit to the prosecutor's office can be found on the page https://genproc.gov.ru/contacts/map/?DISTR=&SUBJ=. by selecting the appropriate district and subject of the Russian Federation.

Based on the results of consideration of the complaint, they will conduct an investigation and determine the necessary measures against the parents. OO&P specialists are also involved in the consideration of the case.

Court

Proceedings should only be initiated if there is evidence of parental misconduct or possible danger to the child. For example, certificates from a doctor about traces of beatings, certificates of status registered with a narcologist, testimony of witnesses who heard children's screams and saw the unlawful behavior of the father and mother. After reaching the age of 14, the child himself can file a claim in court (Article 56 of the RF IC). This can also be done by the guardianship authorities or the prosecutor's office. As a rule, in such cases we are talking about deprivation of parental rights.

When considering the case, the court will take into account the results of inspections and conclusions of the competent authorities, and the desire of the father/mother to preserve their rights. As a result, a certain period is established to eliminate the identified violations. If they are not eliminated, a court decision is made to deprive the father and mother of parental rights.

How to write an application correctly?

The application is submitted in simple written form, indicating all the nuances for objective consideration. Depending on the situation and the identity of the applicant, certain information must be provided. Let's take a closer look at the design features.

Statement from relatives

If there is a ban on communication with the child, the parent or other relative must go to court. OO&P specialists will not help in this situation. If a court decision that has already entered into force is not implemented, then you must contact the FSSP.

Typically, relatives turn to the Office of Educational Institutions with statements due to improper performance of parental responsibilities.

The complaint must indicate:

• Full name, registration address, telephone number of the applicant;
• name and address of the organization;
• information about the family: number of people, residential address, full name. parents;
• FULL NAME. a child whose rights are violated by his parents;
• essence of the appeal: beating, illegal deprivation of communication with relatives.

At the end there is a date of registration and a signature.

Sample application to the guardianship authorities about the improper upbringing of the child on behalf of the father: alt: Application to the guardianship authorities about the improper upbringing of the child from the father

Application to the guardianship authorities about improper upbringing of the child by the father

Statement from neighbors

The main reason for filing an application from neighbors is parents beating their children and lack of basic care.

It contains the above information, and additionally it is worth listing:

• how evidence of unlawful treatment of children was collected;
• who can act as a witness;
• dates and times when offenses were committed;
• living conditions of children.

Statement from the teacher

Teaching staff are required to contact the guardianship authorities if they notice signs of beatings on students, note poor academic performance, or note behavioral disorders of a minor.

The complaint must indicate:

• name of the educational institution;
• Full name, date of birth, class in which the child is studying;
• information about academic performance, personal qualities;
• grounds for appeal;
• description of evidence;
• signature of an authorized person and seal of the school.

What should you do if the screaming parents are you, and the neighbors called the guard?

Guardianship usually warns about a visit, and will look at how you live - whether the child has a bed, whether there is food in the house, whether there are toys and books appropriate for the child’s age. If there is no threat to the life and health of the child and everything is normal in the house, no action will follow from the guardianship. The guardianship has a policy: do not touch the family. But you may have to explain yourself, tell what happened to you.

If you can’t cope - you need psychological or material help - you can ask the guardianship how they can help (this does not mean that help will be provided, but asking for help is appropriate and sometimes, from the experience of parents, it helps to close issues with guardianship altogether enough fast).

If a representative of the guardianship authorities decides that something is wrong, they will give you time to correct the situation and come back with a second check.

But if appeals to the guardianship authorities continue, the situation does not improve, then after the third inspection the family may be recognized as being in a socially dangerous situation (SOP), then there is a risk of children being removed from the family.

What happens after submitting an application?

Upon receiving a statement of cruelty or other unlawful treatment of a child, POiP employees are required to respond within 3 days. The head of the government agency appoints an unscheduled on-site inspection, during which living conditions, family relationships are studied, and all family members and the child himself are interviewed.

Based on the results of the visit, a certificate of inspection of living conditions is drawn up. If there is a violation, the case materials are sent to the prosecutor's office to bring the person to justice, then the issue is resolved in court.

A child can be registered with the IPD if he exhibits antisocial behavior. Parents will be required to report in accordance with the established procedure. If necessary, the school's social educator will be required to visit the family to complete reports.

As for the applicant, he receives a written response based on the results of the inspection within 30 days from the date of application.

Where to turn if a child is being bullied - they beat him and he screams?

When there is a serious suspicion that the child is screaming as a result of beatings inflicted by parents and other relatives, or there is evidence supported by photographs or testimony that there is a fact of bullying and violence against a minor (bruises, abrasions, fractures, etc.), then you should contact the police immediately.

It should be remembered that determination and the desire to publicize a case can prevent a serious crime - causing serious injury or murder of a child.

Call the police

If there are serious reasons to think that neighbors are bullying a minor, both physically and morally, resulting in noise being made, then, first of all, you need to call the local police officer and clearly explain the situation, clearly stating your details and information about neighbors , their residential address.
You need to speak to the point, without making subjective assessments of what is happening. Police officers are required to arrive at the place of call and verify the accuracy of the information received.

Lawyer answers to questions

What happens if, after verification, the parents’ illegal actions towards the child are not confirmed? What are the responsibilities for the applicant?

The applicant will not have to answer, even if cruel treatment or improper upbringing of the minor has not been confirmed. However, your parents can file a civil lawsuit against you to recover moral damages for defamation.

Is it possible to submit an anonymous complaint to the OOiP?

Yes. When it comes to a child's life, all signals are considered.

Can POiP take a child from a family based on complaints from neighbors?

They can, by placing them in a specialized temporary detention facility if the child is in danger. Subsequently, the issue of deprivation of rights is resolved through the court.

What should I do if my neighbors complained about me to the guardianship authorities?

If you have responsibilities to your children, there is nothing to be afraid of. Prepare your home for inspection - a POiP employee will visit you. Subsequently, you can file a claim for compensation for moral damages in court if the information in the complaint is not confirmed.

Is it possible to file a complaint against neighbors in the Department of Public Safety and Inspection if their children are constantly making noise?

If the noise is caused by games and not screams due to beatings, you should not contact the OiP. Even if you provide false information, citing an unhealthy situation in the family, after checking this will be discovered, and your neighbors will be able to recover compensation from you through the court.

In such a situation, if the noise level exceeds at night, it is better to negotiate peacefully with people or complain to the local police officer. He will have a conversation with the neighbors and, perhaps, the children will behave more quietly. But there is no guarantee: children's screams rarely exceed permissible noise standards, and playing and talking in your apartment at any time is not prohibited by law.

Expert opinion

Unfortunately, the work of the social sphere is not as good as we would like, but we continue to work and develop. Government bodies are developing many projects that are recognized as monitoring the work of the social sphere, but we cannot do without people. Personally, employees can supervise 4-5 institutions that provide guardianship and trusteeship services to children and their guardians, if any. However, in Moscow and the region alone there are over 5,000 of them, so we cannot control them ourselves.

I invite all citizens who are faced with rudeness, negligence, and unwillingness to provide assistance to a person in the field of guardianship authorities to write complaints and ring the bells. Thus, we will establish where and which bodies are abusing their responsibilities and will take the necessary corrective measures.

If there are no complaints, we simply will not be able to find out about the violation, and accordingly we will not provide the help that the baby may so need.

Russian statesman and public figure, human rights activist. Commissioner for Children's Rights Anna Yurievna Kuznetsova