In the field of protecting the rights of minor children, it is possible to inspect the place of his residence and draw up a report on the inspection of living conditions. Such a document is also drawn up when adopting a child, receiving a complaint to a government agency, law enforcement agencies, registering guardianship and trusteeship, etc. One of the responsibilities of the class teacher in educational institutions is to check the conditions in which his students grow and are educated. By the way, an inspection report on living conditions can also be drawn up in relation to the organization’s employees, if necessary.
In general, there are no official requirements for the content of acts. However, Order of the Ministry of Education of Russia dated January 10, 2019 N 4 established a special procedure and introduced the form of an act when conducting a survey of the living conditions of minors and their families
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Act of inspection of the living conditions of a minor citizen and his family
Purpose and reason for compiling
Family living conditions are checked by:
- to participate in state support programs for the poor and those in need of housing;
- to receive subsidies for utility services;
- to check the living conditions of citizens, especially socially vulnerable ones.
Regarding the residence of citizens
Most often, residential buildings are examined for children, incapacitated, elderly, and disabled people.
The purpose of the inspection is to find out whether conditions for decent maintenance, education, recreation, study, and physical and moral development of citizens are provided.
This is required:
- in court, when considering issues about the child’s place of residence after divorce, deprivation or restoration of parental rights, adoption;
- for the departments of guardianship and trusteeship (OOiP) when checking whether children are in parental care or whether the state should intervene in the family situation;
- if the child is registered with the police due to unsatisfactory behavior at school, aggression, commission of administrative offenses or crimes;
- for POiP when checking new household and social living conditions of a minor after moving to a new address;
- upon a complaint from a doctor or neighbors about the child’s condition or behavior.
Governing laws
Several years ago, changes appeared in the legislation, thanks to which low-income citizens had the opportunity to improve their living conditions at the expense of the state.
The Housing Code of the Russian Federation determines the list of citizens who are entitled to receive a free housing subsidy. It includes persons forced to live in premises unsuitable for normal living and at the same time beyond repair. Help is also provided to citizens with serious illnesses and orphans.
The full text of the Housing Code of the Russian Federation is at the link below:
“Housing Code of the Russian Federation” dated December 29, 2004 N 188-FZ (as amended on January 22, 2019)
Article 52 of the RF Housing Code states that in order to receive state support, a citizen is required to collect a package of documents. It must include a certificate of verification of living conditions. The collected papers are submitted to social authorities at the place of residence. The act of checking the living conditions is an integral part of the package of documents for judicial resolution of issues relating to the living conditions of the child.
The body carrying out registration independently requests documents (their copies or the information contained in them) necessary for the registration of a citizen from state authorities, local government bodies and organizations subordinate to state bodies or local government bodies, which have the data at their disposal. documents (their copies or information contained in them) in accordance with regulatory legal acts of the Russian Federation, regulatory legal acts of constituent entities of the Russian Federation, municipal legal acts, if such documents were not submitted by the applicant on his own initiative.
Composition of the commission
As a rule, inspections of reinforced concrete structures are carried out by several officials. A commission of 3 or more people is formed depending on the purpose of the inspection.
If a child is registered with the police, it includes:
- Ministry of Internal Affairs officer, district police officer;
- OOiP employee;
- teacher;
- representative of the school's parent committee, etc.
To resolve family disputes, the commission may include employees of the cadastral chamber (Rosreestr) or HOA. If we are talking about registering as those in need of housing, a representative of the social protection authorities is involved.
Only POiP workers have the right to conduct an examination alone, for example, when inspecting a new place of residence of minors.
Certificate for visiting families in socially dangerous situations
Info
But in modern times, it often happens that a teacher simply does not have time to visit the families of his class. Then parents are usually called to school. This is the same meeting, only at school.
If parents look at the diary, they will react. If not, then there is a second method of influence - a personal conversation on the phone.
In this world of new technologies, getting through to the right person is not difficult. And already during the conversation, you need to make the parent understand the problem of his child, briefly tell him what needs to be talked about, make it clear that it is necessary to set some goals together with the parents.
And this will not necessarily be a problem child with poor discipline. Even the best student can have some unsolved problems.
Rules
During an inspection, the commission or an authorized specialist draws up an inspection report.
Inspectors receive information about living conditions not only during a visual inspection of the residential premises, but also:
- from conversations with family members and minors;
- survey of neighbors, HOA officials, responsible residents;
- studying documents, for example, receipts for payment of housing and communal services;
- familiarization with school work, notebooks, diaries, the results of his creativity, hobbies, etc.
Based on the collected data, an act is formed. The family in respect of whom the examination was carried out has the right to familiarize itself with it.
The commission’s conclusion can be challenged within 10 days in the organization that ordered or conducted the inspection.
Family visit forms
Methodological recommendations for drawing up family survey reports. Family composition: indicate all family members f. Relationships between all family members: friendly, respectful, based on love and mutual understanding, warm, parents enjoy authority among teenagers, or cool, without warmth and closeness, conflicting, etc. High degree of favorability, medium degree of favorability, low degree of favorability; initial unfavorability, average unfavorability, low unfavorability. Accommodations.
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Features of the procedure
Important to remember!
The commission does not have the right to enter an apartment where a minor or incapacitated citizen lives without the permission of parents or guardians. The only exception is an inspection initiated by law enforcement agencies in accordance with the resolution.
The commission may not provide notice of a planned inspection. As a rule, the inspection comes suddenly. Notifications are sent only by social protection departments if the family claims the status of those in need of housing improvement.
The OOiP, which supervises guardians and trustees, organizes scheduled and unscheduled inspections of housing and construction facilities regularly. The initial examination is carried out before the minor moves into the apartment. Then, in the first year of guardianship, inspections are carried out every 1–3 months, from the 2nd year - once every six months.
Deadlines
The commission is given 3 days to draw up a completed report after the visit. Therefore, the date of drawing up the document and the date of the survey may differ.
- The act is drawn up in 2 copies. The first one remains with the initiator of the examination, the second one is sent to the OUiP if a child lives in the premises. A certified copy of the document is sent to adult family representatives within 3 days.
- The act has a limited validity period. To register for a state subsidy, the document is valid for 30 days. If housing standards have changed, the family itself can initiate a re-inspection or challenge the inspection findings and the decision made on its basis.
Contents of the examination document
Any act of inspection of residential buildings, regardless of the purpose of its preparation and authority, includes the following points:
- dates of examination and production of the document. They can differ by no more than 3 days;
- purpose of the inspection;
- list of persons included in the commission, with full names and positions;
- assessment of the circumstances identified during the inspection;
- conclusions relevant to the purpose of the visit;
- assurance of all inspectors;
- signatures of adult family members stating that they are familiar with the act.
Without these mandatory points, the document has no legal force. To avoid mistakes, you can use the drafting sample from the Resolution of the Ministry of Education and Science of the Russian Federation No. 334 of September 14, 2009.
For a minor
When examining a minor’s residential building, the commission notes:
- full or single-parent family, approximate income and source of funds for parents, their participation in the life and upbringing of the child;
- the health status of the minor, the presence of visual signs of illness or violence, the need for special care;
- compliance with hygiene standards, provision of clothing, its suitability for the season, wear and tear, quality;
- social skills (did the child show aggression, interest or indifference, fear, how did he react to the appearance of strangers);
- the child’s skills and abilities, level of performance at school, daily routine;
- organizing the child’s leisure time outside of school;
- probable risks to the life and health of the child, access to flammable, toxic substances and objects (are safety conditions created), etc.
Dysfunctional
When checking a dysfunctional family, the commission evaluates:
- family composition;
- work and income of mother and father;
- their behavior and moral state;
- baby care;
- relationships between family members, a minor and his peers, teachers, etc.
For student
Attention is focused on the student’s living conditions:
- does the environment correspond to normal preparation for school and homework;
- whether the child is provided with school supplies and books;
- Is there an opportunity for proper rest, how is the daily routine organized;
- who participates in the child’s education and how ;
- what grades the student receives, etc.
Minor
When drawing up such an act, the commission determines the standard of living of a child who has not yet reached eighteen years of age. During the inspection, specialists check
- family status and income;
- child health;
- to what extent the housing complies with sanitary standards;
- does the child have clothes and shoes;
- how the child reacts to strangers;
- how safe is living in this house;
- Does the child have a place to sleep, spend leisure time, and do homework?
Sample
Sample form for 2021
The sample form and rules for its preparation depend on the purpose for which the inspection is being carried out. In general, you can download and use Appendix No. 3 to Resolution of the Ministry of Education and Science No. 334.
The OOiP has several forms for surveys conducted for different purposes.
For example, to check the housing of citizens wishing to adopt a child, the main place is occupied by a description of their motives and personal qualities. The guardianship officer mostly collects this information not in the apartment, but from surveys of neighbors, colleagues, friends, etc.
How to fill
There are no legally prescribed forms and forms of the act. It is compiled in free written form, and its structure is determined depending on the purpose of the survey.
The data is entered into the act manually by one of the commission members. Everyone puts their signature on the completed document. Adult family members whose housing units are inspected also sign.
Example for Social Security
This is what an inspection report on a housing unit of a family claiming to be in need of improved living conditions, issued by social protection, may look like:
| Content | Example |
| "A cap" | Moscow December 5, 2021 |
| Preamble | Commission consisting of:
Checked the living conditions of the Snezhnev family in order to identify circumstances that give the right to a subsidy for housing improvement |
| Information about residents | The commission revealed that the family consists of 3 people:
Family members live together. Total income is 46,000 rubles. The average per capita income for each person is 15,333.33 rubles. |
| Housing conditions | The commission found that the residential premises at the address (address) are the common property of O.L. Snezhneva. and Snezhneva R.P. Room characteristics:
|
| conclusions | The commission came to the conclusion that the Snezhnevs need regional support to improve their living conditions. The square footage of the apartment does not correspond to the accounting norm for the mountains. Moscow (10 sq. m. per person) in accordance with Part 3 of Art. 9 of Law No. 29 of June 14, 2006. There is no separate room for study and recreation of a minor. Income does not allow us to improve reinforced concrete structures on our own |
| Final part | Signature of Ivanov P.M. Signature Alferov R.O. Signature of Ulanov I.R. Signatures of the Snezhnevs |
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Where can I get a certificate?
You can order and obtain a certificate of examination of the living conditions and financial security of the family from the social protection authorities. At the same time, as mentioned above, other structures, including even the Ministry of Internal Affairs (Ministry of Internal Affairs), can initiate the inspection.
Since in different regions different structures (by name) may be responsible for completing the application and verification, it makes sense to contact the local administration first. They will tell you who issues such a document.
This is important to know: Unemployment benefit: how to get it in 2021, amounts
Where should it be provided?
Inspection reports are used in different instances. These are courts, educational institutions, guardianship and social protection authorities, law enforcement agencies, etc.
At preschool educational institution
Representatives of a preschool institution can organize an examination if the pupil looks sloppy, reacts inappropriately to other children and adults, or shows signs of violence. OOiP (guardianship authorities) must be involved in the commission.
For school
Reports for school are often required if a child's behavior is unsatisfactory:
- he does not get along with teachers and peers , and often shows aggression;
- performs poorly;
- often appears in a neglected , dirty state;
- has traces of violence, rough treatment, etc.
To the guardianship authorities
The OO&P document requires:
- when resolving issues regarding the establishment of guardianship, trusteeship, adoption;
- in case of a complaint or application to the Guardianship from neighbors, teachers;
- in any other case, if a minor lives in the premises.
In Social Security
The following acts are needed in Social Security:
- to register a family for an apartment or receive a subsidy;
- to check the living space of a disabled person in order to adapt it to special needs and increase accessibility;
- to receive benefits for housing and communal services, etc.
For the Ministry of Internal Affairs
For the Ministry of Internal Affairs, an act is drawn up in the following cases:
- if there are signs of trouble during the visit;
- the child is involved in illegal activities, is registered with the police children’s room, and has been prosecuted under the Code of Administrative Offenses or the Criminal Code of the Russian Federation;
- neighbors, teachers and strangers report violations of the child’s rights, etc.
To the Housing Inspectorate
The act for housing is drawn up for the purpose of:
- obtain the status of those in need;
- recognize the premises as unsuitable for living;
- apply for benefits for housing and communal services;
- become a participant in a federal or regional program to improve housing conditions.
Free consultation with a real estate lawyer
Intentional deterioration of housing conditions is a concept that appeared in the Housing Legislation in 2005.
All items are in good condition, appropriate for the age of the children, and outerwear is available according to the season and time of year.
D. lives in a living room with an area of 25 square meters. m., together with his younger sister (attends a preschool).
On March 1, 2005, in place of the previously existing Housing Code of the RSFSR, Federal Law No. 189-FZ introduced a new Housing Code of the Russian Federation (LC RF).
D. lives in a living room with an area of 25 square meters. m., together with his younger sister (attends a preschool).
Currently, the law extremely protects minor children, so this act is not a last resort, but only to clarify the circumstances in which the state can help the parents or the child himself. After the act has been drawn up, the commission determines the decision on this case.
Programs to improve housing quality
In 2021, the plan for the national project “Housing” has completely changed. Now the ZHBU act is actually required for participation in only 2 programs (Resolution of the Government of the Russian Federation of December 30, 2017 N 1710):
- "Young family". Citizens under 35 years of age, married, and recognized as needing housing can receive a government surcharge for obtaining a mortgage, constructing or purchasing an apartment or residential building;
- "Mortgage and rental housing." Low-income residents of damaged apartment buildings and those subject to demolition who do not participate in other resettlement programs can count on assistance in purchasing premises.
It is important to know!
Those in need can count on government assistance when renting social apartments. Regional authorities support their residents with discounts on housing and communal services and other benefits.
Characteristics of the student’s family
Nadezhda has been studying at this school since September 1, 2011. Before that, she studied at the Mokrousovskaya Basic Secondary School. In connection with the move to the city of Topki, she was admitted to MAOU “Secondary School No. 1” in grade 3 “b”. In the 4th grade, she was left for a repeat year of study, having two bad marks for the year in the subjects: mathematics and Russian language.
Nadezhda often misses school without a good reason. At the beginning of the year, the girl did not attend school for 2 weeks. Raids were carried out at the family's residential addresses, but they did not give a positive result. The school administration appealed to the head of the Ministry of Internal Affairs department for the Topkinsky district, police lieutenant colonel V.S. Petrov, with a request to assist in finding the student, Nadezhda Ivanova. As a result, the family was found in Kemerovo.
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