Application to the guardianship authorities about improper upbringing of a child

A complaint to the guardianship and trusteeship authorities will solve the problem with our help. Since the law states that a parent is obliged to supervise and care for the child, as well as his proper upbringing and development, a violation of the article may lead to relatives filing a complaint against the child’s mother for guardianship.

ATTENTION: if the guardianship authorities are inactive, then a complaint against the actions of the guardianship and trusteeship authorities will help resolve the issue, use your rights fully and do not leave everything as it is!!!

Inadequate upbringing and child care

Inadequate upbringing can be parents’ misuse of their rights, untimely fulfillment of duties, formal exercise of rights and responsibilities, or their complete failure to fulfill them.

From the point of view of the law, improper upbringing and care of a child will be:

Finding the baby in conditions that do not completely meet sanitary standards;
The little person is not given proper supervision;
Lack of attention and care towards the child, as well as lack of proper care;
Preventing parents from allowing their child to attend educational institutions;
Presence of neglectful attitude towards children on the part of parents.

In what cases is it necessary to file a complaint with the Office of Public Prosecutors?

If citizens interested in the fate of a child (children) have discovered a violation of his rights, this is a reason to contact the authorized bodies and file a complaint.
In accordance with, violation of the rights of the child can be expressed in:

Avoidance of parents from fulfilling their direct responsibilities (including those related to financial support - transfer of alimony payments).
Refusal of parents to pick up a child from a maternity hospital, as well as from a medical or educational institution without good reason.
Cruel treatment, which, in turn, can be expressed not only in physical, but also mental violence.
Parents are in an inadequate state caused by regular use of drugs or alcoholic beverages.
Committing an intentional unlawful act against life and/or health against children (or other family members).
Inducing a child to engage in various activities (vagrancy, gambling, prostitution, begging, drinking alcoholic beverages and drugs, etc.).

Grounds for appeal

In order to file a corresponding application for guardianship, there must be grounds. So, in what cases do individuals have the right to apply for guardianship?

Creation of conditions by parents (guardians) that are not suitable for children to live in. Such conditions are dirt in the living space, lack of clothing or food;
Leaving a minor in dangerous conditions. Such conditions are determined on a case-by-case basis;
Abuse of parental responsibilities. Such abuse is manifested in a ban, for example, from attending educational institutions, receiving medical care, communicating with friends;
Cruel treatment. Abuse is the use of physical or psychological violence. Such actions of parents or guardians are the basis not only for filing an application with social authorities, but for bringing the relevant persons to criminal liability;
Presence of a chronic disease in parents.

Please note that in this case, the basis for applying will only be the presence of a chronic alcohol, drug or mental illness.

It is important to note the fact that this list of grounds is not exhaustive.

Who has the right to apply

The following categories of persons can apply to the guardianship and trusteeship authorities:

One of the parents. For example, a complaint to guardianship against the child’s mother about the latter’s failure to fulfill her parental responsibilities can be filed by his father, who lives separately;
Employees of educational institutions, writing a description. Such persons may be kindergarten teachers, school teachers;
Employees of medical organizations (local pediatricians, doctors of children's hospitals);
Other persons who are relatives of the minor and have information about the violation of his rights.

When to complain

The basis for a complaint may be any form of unwanted behavior of the father and mother or violation of the rights of children:

Leaving a minor unattended in conditions dangerous to life and health.
Inadequate living conditions: unsanitary condition of housing (dirt, dampness, chaos, cold), lack of food, treatment, normal clothing according to age and season.
The use of physical (beating, punishment), mental (verbal threats, humiliation, insults), sexual violence, and other signs of child abuse.
Using parental rights to the detriment of children's interests: limiting communication with peers, creating obstacles to visiting educational institutions, clubs and leisure activities, inducing them to begging and bad habits.
Alcohol or drug addiction.
Presence of mental illness. Diagnosis of such health problems may become the basis for recognizing the incompetence of the father/mother and transferring the child to the second parent, and in his absence, to the guardianship authorities.
Child abandonment.
Violation of the rights of a minor during transactions with property or funds belonging to him.

When planning to write a complaint, it is important to make sure that the grounds are fair and reliable and to be aware of the consequences of your actions: at a minimum in the form of conversations and inspections of the family by authorized bodies, at a maximum - deprivation of parental rights.

Rules for drawing up an application to the guardianship authorities

In the event that an application to the guardianship authorities about the improper upbringing of a child has been registered and considered, it must be drawn up properly.

When drawing up a document, you must adhere to the following rules:

The authority to which it is addressed must be indicated;
It is advisable to indicate the applicant’s personal data, as well as his contact information, through which employees can contact the applicant to clarify the information reflected in this paper;
The main part should indicate the specific circumstances of the violation of the rights of a minor by his parents;
A list of the applicant's requirements (for example, a request to conduct an inspection).

Please note that if there are photos or video materials, they can be attached by the applicant to the application.

Especially for those individuals who cannot independently draw up an appeal to the authority, sample documents have been published on the official website of the Ministry of Education of the Russian Federation. You can also contact the territorial department for information about drawing up an appeal.

Sample applications for guardianship of parents

The following types of applications for guardianship can be distinguished in case of revealing the fact of improper upbringing of a child:

on an inspection by the guardianship of the living conditions of the minor;
in custody of the child's mother, about conducting an inspection in connection with improper performance of parental responsibilities;
Complaint about the actions of a guardian;
on the restriction of parents' rights, or their complete deprivation;

Sample applications to the guardianship and trusteeship authorities can be obtained from the following links:

To the Guardianship and Trusteeship Authority

Allegation of mistreatment

Complaint about improper upbringing of a child

Appeal

There are several ways to contact the appropriate authority:

Hand over personally to the office of the authority;
Send by post.
Please note that the letter should be sent in a valuable form with an inventory of the files enclosed in the envelope;
You can also submit your application via email;
A complaint to the guardianship authorities about neighbors, for example, can be filed by telephone.

Anonymously

Current legal norms do not prevent the submission of a document anonymously. However, as practice shows, such an appeal to the guardianship authorities will most likely be left without consideration.

In this regard, it is recommended to leave personal and contact information so that employees can contact and receive more detailed information about the existence of grounds for response.

Statement

So, the document contains the following list of information:

Full name of the institution to which the application is being submitted;
Information about the applicant (personal and contact information is indicated);
In the main part, it is necessary to indicate the status of the applicant (who is he related to the child), a list of violations committed by the parents against the minor, how the person received the information, and other information;
The petition part indicates what measures should be taken by the guardianship authorities;
The conclusion indicates how, after considering the application, the guardianship authorities should contact the applicant to provide a response.

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Responsibility for handling

Today, the law does not provide for liability for filing an application for guardianship regarding the improper upbringing of a child. However, this does not mean that individuals should submit applications to the social authority without reason.

Please also note that persons against whom a complaint was received, the arguments of which were not confirmed during the inspection, have the right to file an application with law enforcement agencies for libel.

Supervisory authorities of guardianship and trusteeship

According to the current legislation, the authority authorized to control the activities of guardianship is Rosobrnadzor, the main powers of which are:

Conducting an audit of the work of guardianship and trusteeship;
Consideration of reports on the activities of the social body;
Monitoring the correction and elimination of identified violations.

Important! The next authority to which you can file a complaint about the actions or inaction of the guardianship and trusteeship authorities is the prosecutor’s office, which supervises the implementation of legislation by all government bodies.

Procedure upon receipt of an appeal

Upon receipt of an application, the relevant authorities must register it in the accepted manner and consider it.

The complaint is considered within a period not exceeding one month. In exceptional cases, it is possible to increase this time by another 30 days.

After the appeal is registered, guardianship staff check the information received.

Checking is carried out in the following ways:

By conducting conversations with the family's neighbors.
By examining the residential premises in which a social unit with a minor lives.

When the facts specified in the application are confirmed during the inspection, a decision is made to determine the child’s place of residence. When the identified violations do not pose a threat to the life or health of a minor living together with his parents, he is left in the family. When there is still a threat to the child, a decision is made to remove him.

When the decision to seize is made, the next step is to go to court with an application to restrict the parents’ rights. When considering the case, the court takes into account the conclusion of the guardianship and trusteeship body based on the results of the inspection, the desire of the parents to preserve their rights and sets a period during which the parents, if they wish to preserve their rights, are obliged to eliminate all violations identified by the guardianship.

When, after the established period, the violations are not eliminated, a decision is made to deprive the mother and father of their rights.

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Parental Responsibility

Parents who do not properly fulfill their responsibilities may be subject to the following types of liability:

Administrative. As a rule, the decision is made by the commission on juvenile affairs and is expressed in the imposition of a fine established by the Code of Administrative Offenses of the Russian Federation;
Civil - legal. It is used if it is established that evasion of duties has led to adverse consequences for the child. This type of liability is established on the basis of a court decision and can be expressed in the recovery of moral damages or civil damages.
Family and legal. There are two categories of family legal responsibility:
Deprivation of parental rights in relation to a child.
Criminal law. This type of responsibility is the most. The possibility of bringing to responsibility is provided for in Art. 156 of the Criminal Code of the Russian Federation. Punishment for such actions varies, but the sanction of the article provides, along with correctional labor, actual imprisonment.

Question answer

Question: My daughter and son-in-law let their 7-year-old granddaughter go out alone for a long time. She walks around different areas, crosses the road. Talking to them doesn't help. I want to complain to the juvenile affairs commission. Can I get custody of my granddaughter?

Answer: In such cases, you should first contact the territorial department of the guardianship authorities.

Question: What happens if the information about parental violations specified in the complaint is not confirmed? Does its author bear any responsibility?

Answer: In general, there is no liability for the applicant in such cases. But his parents have the right to sue him for libel and demand compensation for moral damage.

Question: Children are constantly screaming in the apartment above. Is it possible to complain about a family to the guardianship authorities?

Answer: If such behavior is associated with games, and not with punishments, there is no point in contacting the OiP. Even if you file a complaint under the guise of an unhealthy environment, frequent screaming in the family and initiate an inspection, its results will show the opposite situation. In such a situation, you can try to peacefully negotiate with your neighbors about quieter games, and if the noise level exceeds at night, contact the local police officer. But it should be borne in mind that a child’s cry rarely exceeds the permissible noise levels, and the law does not prohibit simply playing and talking in one’s apartment at any time of the day.

Question: Can guardianship authorities take a child away from their parents due to complaints from neighbors?

Answer: Guardianship and trusteeship authorities can only assign a child to temporary detention in a special institution. The issue of deprivation of parental rights is resolved in court.

Question: We would like to file a complaint on behalf of the school’s parent council against a family where children (9 and 13 years old) do not attend school. How to do it?

Answer: You should contact the guardianship authorities. It is also advisable to provide documents that the children do not attend the educational institution without a good reason, and the father and mother do not take any action to contribute to this. They, along with their children, will be summoned to the juvenile affairs commission.

Question: Does the guardianship consider anonymous complaints?

Answer: OOIP employees are obliged to consider all messages received by them, but anonymous messages may remain without due attention, and, accordingly, reaction to the unlawful behavior of parents. If the applicant has reasons to hide his data, he may ask to send an appeal to a school teacher, local pediatrician and other officials.

Question: Can a pediatrician complain about parents to the Commission on Minors' Affairs if they do not bring their child to appointments?

Answer: A doctor has this right if such actions pose a danger to the health of a minor. If, based on the results of the inspection, this information is confirmed, the parents may be held accountable under Art. 156 of the Criminal Code of the Russian Federation.