Characteristics from the place of work for the guardianship and trusteeship authorities

The procedure for registering guardianship of a child is quite labor-intensive. First of all, this is due precisely to the fact that the guardianship authorities need to make sure that the child will be comfortable in the new family and will be provided with everything necessary for full development.

The process of obtaining guardianship requires a large number of documents and applications. One of the important papers that will be required in this case is drawing up a profile of the guardian.

Why do you need a characteristic?

There is no direct mention in any sources that in order to obtain guardianship of a child it is necessary to provide a reference to the guardianship authorities. However, in practice, such a document is required quite often, along with a certificate of income, which makes it possible to determine a person’s ability to provide financial support for a minor. Such a description contains all the basic information about the employee of the enterprise, namely:

• education;
• information about the position held indicating specific dates;
• work achievements;
• human qualities.

The characteristic has legal force and acts as an official document. It is required by the guardianship council for the following reasons:

1. The opportunity to obtain an objective assessment of the character, manner of communication and actions of a citizen in critical situations.
2. Regarding the subject's career growth and position, one can judge his constancy and reliability.

An experienced specialist will be able, based on the data provided, to determine strengths and weaknesses, quickly recognizing a disadvantaged candidate, which will subsequently influence his final verdict. Therefore, the preparation of the document should be taken very seriously. To clarify some nuances, an additional reference may be required for the guardian from the school where his own child is a student, or from a kindergarten. The preparation of such documents is carried out by the teacher, class teacher or preschool teacher.

Results

Thus, when deciding on the appointment of guardianship or trusteeship, representatives of the PLO are guided by the criteria provided by law:

• the wish of the guardian or trustee;
• availability of income and permanent residence;
• health;
• absence of a criminal record, deprivation of parental rights, removal from guardianship duties in the past;
• having experience or skills in raising children (or undergoing special training);
• relationship between the ward child and the guardian/trustee;
• morality, personal qualities.

To establish personal characteristics and moral qualities, representatives of the PLO may request a reference for a guardian or trustee from their previous or current place of work.

Expert opinion

Dmitry Nosikov

Lawyer. Specialization: family and housing law.

Obviously, the characterization is not the main document, however, it can be an important and useful source of information that will help sway the opinion of the PLO in favor of the guardian or, conversely, confirm doubts and confirm a negative decision.

If you still have questions, need advice or help from a lawyer in preparing a convincing and reliable reference for an employee, get a free consultation.
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Author of the article

Irina Garmash

Family law consultant.

Author's rating

Articles written

612

What do the guardianship authorities focus on?

There are several factors regarding which the specialist of this structure makes the final decision. We are talking about the following nuances:

1. The applicant has the skills to communicate with children and the required knowledge of education. This may require taking appropriate courses to teach the candidate the necessary skills.
2. Availability of acceptable living conditions and material security. For this purpose, the commission inspects the candidate’s place of residence and can talk with neighbors about his behavior in everyday situations.
3. Caregiver character traits. They are largely determined by the characteristics provided from the place of work.
4. Kinship. If the representatives of the parties are close or distant relatives (for example, a grandmother and a preschool grandson), then this fact will significantly affect the verdict of the guardianship authorities.
5. If the child has reached the age of 10, then his wishes are taken into account during adoption. Therefore, the potential guardian should get to know the student and develop a rapport with him. Consent is also required from an elderly person who has retained legal capacity. If a person has been declared legally incompetent, his permission is not required.
6. Relationships with a specific child. The representative of the guardianship authorities must make sure that the guardian and the ward are suitable for each other. For this purpose, several meetings are held in the presence of a specialist. Even after a positive decision from the guardianship authorities and the child moves to a new family, control will be ensured by this organization to make sure that all the necessary conditions are created for the minor.

Thus, a positive reference from the place of work is not the only factor that will be taken into account by representatives of the guardianship authorities to make a final verdict. For example, a neighbor can tell about a person’s character and social status, and his ability to get along with children will be noticeable when meeting a child in person.

Requirements for a potential guardian/trustee

Only citizens with full legal capacity can be recognized as guardians. This means that, firstly, they have reached the age of majority, and secondly, they are not deprived of legal capacity by a court decision.

The following circumstances prevent the adoption of guardianship and trusteeship:

• presence of a criminal record, fact of criminal prosecution for crimes against the person;
• deprivation of parents' rights by court decision;
• being registered for diseases such as alcoholism and drug addiction;
• existence of facts of cancellation of adoption earlier due to the fault of the adoptive parent;
• the state of same-sex marriages that are registered in a number of foreign countries;
• absence of a document confirming that the foster parents have attended school.

The citizen’s health status, the absence of severe and socially dangerous diseases (tuberculosis, oncology), his level of income and living conditions are taken into account.

Characteristic structure

Today there is no single example of such a characteristic, so it will have to be filled out in any form. To do this, you should use the general rules intended for writing official papers. This document may be typed or handwritten and should include the following sections:

1. A cap. Here is written the full name of the organization in which the person works, his personal data (position and full name). Next, indicate the name of the document, date of issue and serial number.
2. Main part. This section contains the text of the characteristics, including information about the employee, as well as a description of his personal qualities and professional skills. This point will be discussed in more detail below.
3. Conclusion. Here information is provided regarding why the description was written, that is, in this case it is necessary to indicate the guardianship and trusteeship authorities. A general option is also possible: “for presentation at the place of demand.”

How to write correctly to formalize guardianship/adoption?

At the moment, this document is mandatory for everyone who has decided to take custody of a child.
The document should be as informative as possible. He is obliged to disclose all aspects of the character and personality of a particular employee. It is important that the paper lists only the positive qualities of a person.

In addition to a description of professional qualities, the document must contain personal data, the name of the company in which the person being characterized is employed, the last name, first name and patronymic of the manager.

It should also be noted what kind of relationship the employee has with his colleagues, as well as how he copes with stressful situations.

Approximate contents of the document

The characterization should not be superficial. The form indicates all aspects related to the attitude to work, the manifestation of the applicant’s professional and personal qualities. Therefore, the provision of as complete data as possible is encouraged.

It should be remembered that the presentation of information should be neutral. The data themselves present in the document must be reliable and objective. A dry and informative text is welcome, since otherwise a specialist from the guardianship authorities may consider such an opinion to be biased and will not take it into account when making the final verdict.

The employee profile template requires the following information:

1. Employee details: full name and date of birth.
2. Information regarding the position held, career growth in the company, work experience.
3. A list of the main duties of a citizen and a commentary on the timeliness and correctness of their execution.
4. Information about education. If you have completed advanced training courses, this should also be indicated.
5. Relationships with colleagues and behavior in stressful situations. Does he take an active part in public life? Traits such as openness, non-conflict and friendliness are welcomed.
6. Information about professional qualities. Here it is necessary to mention how the candidate for guardian managed to prove himself in his work. Initiative, composure, knowledge of the matter, leadership qualities, responsibility, and attentiveness are encouraged.
7. Personal qualities. This includes punctuality, neatness, and the presence/absence of bad habits. Positivity, restraint, and diligence are encouraged.
8. A list of merits, for example, compliance with labor discipline, the absence of fines and the availability of bonuses based on work results.

One of the most important points of this characteristic is personal qualities. Here it is necessary to tell as much as possible about the person’s character and his communication skills. In providing this information, the goal should be to form a correct opinion about the candidate for trustee.

It is very important to provide current and reliable information about the employee. Otherwise, the author of the document may be personally liable for providing false data.

Availability of education, completion of courses, retraining, etc.

In the description, in addition to the education received (where he studied, when, what specialty he received), it should be indicated whether the employee has taken or is taking advanced training courses, retraining, whether he wants to improve his professional skills, whether or not he takes part in seminars, lectures, works whether independently to increase the level of their knowledge both in the profession and in self-education.

Who should write the characterization?

Writing this document is the responsibility of the HR department employee of the enterprise where the candidate for adoptive parents works. In small companies where there is no personnel service, these actions are performed by the immediate manager or a person authorized by him. In the latter case, the description must be read and signed by the director of the enterprise, and also certified by the seal of the organization.

Typically, the reference is drawn up in two copies: the first remains in the company’s archives, and the second is given to the citizen who made the official request. Both options have equal legal force. In some cases, the initiator of writing the document is the guardianship authorities, and then it is sent to one of the departments of this service.

Additional documents

To become a guardian of a minor or an elderly person, you must write a corresponding application and submit it to the guardianship authorities.

Along with it, the following documents are submitted to the organization:

• Passport.
• Characteristics and certificate from the place of work.
• A document confirming the absence of a criminal record and chronic diseases that pose a potential danger to the health of the ward.
• Title documents for property (for both parties).
• Marriage or divorce certificate (if you have children, their birth certificates are required).
• Written consent from all members of the candidate’s family (including children over 10 years old) to live together with the ward.
• Autobiography.
• Upon reaching the age of ten, the consent of the future ward is also required.

The process of registering guardianship is very long and complex; it requires the candidate to meet a number of criteria and a number of documents. Such measures are necessary to protect the rights of minors. They make it possible to exclude from the list of applicants those persons who have selfish intentions or do not have sufficient consciousness to properly care for their pupil.

To form an impression of a candidate for trustee, an organization protecting the rights of minors often requires the provision of a reference from the place of work. This document is not the main one, but it can play a decisive role in making a verdict by an employee of this service.