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What does it mean to children without parental care. The status of orphans, children left without parental care and persons from among orphans and children left without parental care. Social support for guardians


Every year more than sixty thousand children are left without the opportunity to live and be raised in a family. Somewhere this is due to the unsatisfactory situation in society, somewhere the blame is placed on the behavior of the parents themselves, and in some cases children can become in the event of the death of their relatives. The state assumed responsibility for the maintenance of this category of minors in the first half of the 20th century.

Today the statistics look encouraging: the previous rate of growth in the number of orphans has slowed down. The number of orphans was reduced in the first quarter of 2016 by 5.6% compared to the same period a year earlier. Per last year was registered 58 168 an orphan child, only 10% of these were placed back into the family. Most of them go to foster families (409 thousand in total), a little less - to boarding schools (60 thousand). The number of foster families is growing parallel to the level of state guarantees to citizens.

Who are children without parental care

The fundamental act is the sixth section of the RF IC, which determines the conditions and types of procedures applicable by the state and individuals, to restore full rights, create maximum conditions children without parents. The concept was introduced in. In particular, children without parental care- minors, in relation to their parents (single parent) whom the court found admissible, limitation of legal capacity, unknown absence. Sometimes there is actual refusal - parents throw their children into public places... Orphans are distinguished by the fact that their parents died and this is established by the relevant act, or by a court order.

The state guarantees such children a sufficient level of benefits and services by means of determining the fate of minors: either placement in a family, or referral to an orphanage. The law prohibits the replacement of these functions by other persons who are not represented in the composition of the executive branch, endowed with powers and responsibility. The legality of the procedures is controlled by the Ministry of Justice and the Prosecutor's Office of the Russian Federation.

Support for children left without parental care in Russia

The state not only identifies minors who are targets social policy, but also implements a set of measures aimed at bridging the gap between the level of education and provision in normal families... In particular:

  • granting free meals and accommodation;
  • training in specialized and general education schools;
  • education through the state system of boarding schools and shelters;
  • free full-time education at universities;
  • one-time and regular payments for the period of study;
  • provision of housing;
  • determination of the form of placement of children left without parental care.

To a greater extent, the state is trying to transfer the upbringing of children left without parental care to the family, forming the institution of patronage, etc.

All actions on initial stage carries out center for helping children without parental care forming social support for minors. The center carries out rehabilitation, adaptation, including in case of deviant deviations, which are common for this category of children.

Databank of children left without parental care

Adoption and adoption of children without care

As a form of placing children left without parental care, is the vesting of third parties with the rights of parents - adoption. The state establishes requirements for such persons:

  • majority;
  • legal capacity, including the legal capacity of the second spouse;
  • lack of precedents of deprivation parental rights, as well as violations of the order of guardianship, adoption in the past;
  • a satisfactory state of health sufficient for raising a child;
  • no criminal record;
  • availability of housing;
  • having proper training.

In the Russian Federation, the opportunity is significantly limited, especially in the United States (adoption is completely prohibited -). Also, same-sex couples cannot act as adoptive parents.

The placement of children left without parental care into a family is carried out according to the regulating judicial order decision making with a full analysis of the conditions and legal status the applicant. The guardianship authorities and the Prosecutor's Office ensure an appropriate level of protection for the child, including analyzing the material and housing level of the adoptive parent. The court independently directs changes in the child's status after three days after the verdict has been delivered.

A particular legal concept speaks - the regime of complete secrecy about the procedure, including all persons involved, including the judges. Violation of the established procedure entails criminal liability.

Required documents:

  • statement;
  • conclusion of the bodies involved on the living conditions;
  • certificate from the place of work (form of the organization) or 2-NDFL;
  • the passport;
  • a certificate of the composition of the family and an extract from the house book.

Establishment of guardianship and trusteeship

Unlike when the child and the adoptive parents acquire all the rights and obligations described in the Family Code, guardianship is only an act of mutually beneficial relationship between the guardian and the state representing the interests of the minor.

The following requirements apply to guardians and trustees:

  • majority and legal capacity;
  • health, including the absence of alcoholism and drug addiction;
  • high moral qualities, extinguished criminal record;
  • passing the state examination.

Guardians can enjoy the full range of guarantees established by the state (benefits for guardians) on the basis of a guardianship agreement (trusteeship):

  1. One-off and monthly payments (RUB 16,350.33 during transmission and 40% of the guardian's average monthly income);
  2. Use of individual rights in government agencies health care(extraordinary service, high-tech operations);
  3. Crediting of the period of childcare in the work experience.

These rights are updated in the Civil Code of the Russian Federation. Children are provided with judicial protection on the basis of Article 10 159-FZ, which extends to the guardian representing the rights of the child.

The order of guardianship is determined. The difference between custody and guardianship is at the age of the child: in the first case up to 14 years old, in the second from 14 to 18 years old... The law prohibits the establishment of guardianship without the consent of the minor (from 10 years old) as well as separating brothers and sisters. The decision on guardianship is made by specialized bodies that conclude an agreement on behalf of the state.

The registration of guardianship is carried out in person or through the portal of public services. List of documents:

  • custody application. You can view and download it here:;
  • certificate from work (on the letterhead of the organization);
  • extract from the house book;
  • a certificate from the Department of Internal Affairs;
  • a certificate from the clinic;

Children who, due to life circumstances, were left without parental attention and care must be ensured by the protection of government agencies. They are defined in foster families or to specialized institutions where they will be supervised and cared for. In addition, minors in in this case are not considered orphans, but only children who are left without parental care, because legal representatives are limited or deprived of their rights, do not fulfill their duties. An orphan can only be called a child who has lost both his father and mother, because they have died.

Definition

A child left without parental care is a minor who was left without care, attention and material support the latter, due to the fact that they were deprived or limited in their rights to it, evade education, are absent for a long time, do not take him out of the educational institution.

State social services are responsible for the placement of such children in foster or foster families or in specialized institutions. They should identify such minors, keep records of them, and also monitor their further life, nutrition and development, if the latter were transferred to other people for education.

Device

Orphans and children left without parental care are assigned to specialized institutions so that they can eat normally, develop and receive education.

There are several forms for the placement of minors:

  • guardianship or guardianship;
  • adoption, adoption;
  • foster or foster family.

If there are no such possibilities for identifying children, then they should be transferred to special institutions... The latter can be of the following types:

  • orphanages;
  • boarding schools;
  • social rehabilitation centers and shelters.

Art. 155 of the Code of family relationships suggests that the list of such institutions can also be supplemented by other non-profit organizations that will carry out their main functions in the form of supervision of such minors.

In this case, assistance to children left without parental care is provided by the state in the form of special social services that are engaged in their placement in foster and foster families, as well as in specialized boarding schools and temporary shelters.

The timing

The guardianship authorities have the right to assign minors to these institutions for permanent or temporary residence.

In the event that a child is placed in an orphanage for an unspecified period, then all responsibilities for care, nutrition and maintenance fall on this organization.

If a minor was temporarily assigned to a boarding school, then all rights are reserved for the legal representatives, guardians, and trustees. In this case, these persons must necessarily have valid reasons ( serious disease, long business trip), in connection with which they cannot properly supervise and care for children.

Regardless of whether the child will be temporarily or permanently in a specialized institution, the guardianship authorities draw up an appropriate act upon its transfer to the specified organization.

Main responsibilities

The guardianship authorities are entrusted with the following functions:

  • ensuring the placement of a minor in a specialized organization, where he will receive education, be supervised and fully supported;
  • control over the activities of the institution where small citizens live.

Until the moment the child becomes an adult, he will be under their close attention and supervision.

The protection of children left without parental care rests entirely with the guardianship authorities, which thus fulfill their main functions.

Help

A child left without parental care is a minor citizen who has the right to receive food, education and housing from the state, because he has lost the care of relatives and friends. Similar assistance to children is provided by state bodies, which transfer them to specialized shelters and boarding schools. That's what social services are for. In addition, every caring person can help children by contacting a specialized institution for this.

Data

A child left without parental care is a minor who is kept in the register of children who need help and protection. In order to receive any information about minors or, if you wish, to take them for raising a family, you must contact the regional operator. On the bank's website there are babies' questionnaires, along with photographs and brief information.

Data on children left without parental care exist for registration by specialized bodies that exercise control over them, as well as for the implementation of the rights of citizens who want to take a child for upbringing in a family or adopt.

Forms

A child left without parental care is a minor who needs the care and assistance of the state. In this case, specialized bodies will deal with his definition in a boarding school or shelter.

There are several forms of accommodation for minors who have lost the support of loved ones:

  • adoption or adoption, which is carried out after all the necessary documents have been completed, constitutes the adoption of a child as consanguinity, after which it is no longer possible to refuse it;
  • guardianship - established over a baby up to 14 years old, after this age only guardianship is possible; means that a minor lives with people in their home under the constant supervision of social services;
  • foster family - minors are transferred to citizens after signing the contract; replaces the latter being in a special organization.

State support

The rights of children left without parental care should in no way be violated. Therefore there is governmental support aimed at protecting them. In this case, children have the following rights:

  • for education;
  • for medical care;
  • to receive housing;
  • to carry out labor activities.

The protection of children left without parental care is carried out with the help of state guardianship authorities, thanks to which the child will be able to find a new and strong family who is better able to take care of him and his future.

Work

Minors deprived of parental care, when contacting the employment service, must be registered as unemployed with an allowance that will correspond to the average salary in the region. At the same time, these persons have the right to undergo vocational training with the appointment of a scholarship. In addition, if during employment the employer violates their rights, then he will be liable in accordance with applicable law.

Medical service

Children without parental care and orphans are guaranteed free help in case of illness. In addition, they are eligible for treatment outside the Russian Federation if there are sufficient medical indications after the examination, which will be carried out at the expense of money from the federal budget. Also, these minors are sent to health camps free of charge.

Getting housing

Children left without parental care and orphans should be in specialized institutions, in which they will be supervised and controlled by the guardianship authorities. After reaching the specified persons 18 years of age, they have the right to provide them with comfortable housing. In addition, it must be in a habitable condition. The possibility of obtaining housing remains with these persons even after the last 23 years of age.

Judicial protection

In the event that the rights of children left without parental care and orphans are violated, their legal representatives and the prosecutor have the right to apply to higher authorities to restore social justice. In this case, these citizens can apply to the court, which is located at their place of residence.

The protection of the rights of children left without parental care is carried out by professional lawyers free of charge, because such a rule is established by the legislation of the Russian Federation.

The prosecutor, when contacting Judicial authority always proceeds from the fact that citizens of those children who have lost their parents, due to their difficult financial situation, cannot do this on their own. In addition, they need the protection of the state.

The organization

The types of institutions for children who have lost parental care are quite different from each other, and each has its own purpose.

Organizations where minors are kept include:

  • educational, where they are trained and brought up;
  • social services, if the child has pronounced mental and physical disabilities;
  • health care systems.

Institutions for children left without parental care cannot always provide them with a full-fledged education and development, so the guardianship authorities always try to find a good family for each such baby.

These organizations exist of several types:

  • the social shelter is intended for temporary stay;
  • a child's home, where minors under three years of age are accommodated, if they were left after birth, to help single mothers;
  • boarding school where minors live and study;
  • orphanage - specializes as an institution for children of different ages.

In addition, the pace of placing small citizens in families is not very impressive. Therefore, the number of children left without parental care is growing. Also, not every child can be taken for upbringing in a family due to various medical indications, sometimes it will be better for him to be under the supervision of the specialists of the correctional institution.

The Family Code provides for the following forms of placing children without parental care:

1.adoption (adoption),

2. guardianship (guardianship),

3.transfer to foster family,

4.deposition in institutions for orphans or children left without parental care of all types (for example, an orphanage family type, medical institutions, social protection institutions, etc.).

1.atsonship (adoption) - this is a priority form of placing children without parental care for upbringing in a family.

Conditions and procedure for adoption

at the present time, adoption is carried out only by the court (previously it was carried out by the guardianship and trusteeship authorities).

Only minor children left without parental care can be adopted as adopted. Upon reaching the age of ten, the child's consent is required. adoption of siblings by different persons generally not allowed.

One of essential conditions adoption is the consent of the persons specified in the law. So, for the adoption of a child, the consent of his parents is required, since adoption terminates legal ties between them and the child.

parental consent is not required if they (Article 130 of the RF IC):

Unknown

Recognized by the court as legally incompetent,

Deprived of parental rights by the court,

For reasons recognized by the court as disrespectful, they do not live with the child for more than six months and evade his upbringing and maintenance.

at the same time, the same legal relations (including personal non-property and property relations) arise between the adoptive parents and the adopted children as between parents and children by birth.

Cancellation of adoption

Adoption can be canceled in court in the following cases:

Evasion of adoptive parents from the fulfillment of the responsibilities of parents assigned to them,

Abuse of these rights

Abuse of adopted children,

In this case, the child's consent to cancel the adoption is not required.

2.Guardianship and custody of children

Guardianship (guardianship )– the form of the placement of children left without parental care for the purpose of their maintenance, upbringing and education, as well as the protection of their rights and interests. Above children under the age of 14 is established guardianship, between the ages of 14 and 18 – guardianship.

The appointment of guardians and trustees is carried out by the guardianship and guardianship authorities at the place of residence of the child. the requirements for guardians (trustees) are largely identical to those for adoptive parents. Only adults with legal capacity may be appointed guardians (curators) of children. This takes into account their moral and other personal qualities, the ability to perform duties, the relationship between the guardian (curator) and the child, the attitude of the family members of the guardian (curator) to the child, as well as the desire of the child himself.

Persons deprived of parental rights, patients with chronic alcoholism or drug addiction, limited parental rights, former adoptive parents, if the adoption is canceled due to their fault, as well as persons who, due to health reasons, cannot carry out responsibilities for raising a child, cannot be appointed guardians (trustees) ...

Relatives and acquaintances who have taken the child into foster care often act as guardians (curators).

The rights and obligations of guardians (trustees) are in many ways similar to those of parents. In particular, guardians are obliged to take care of the maintenance, upbringing and education of the child, of his moral and physical development. Guardians make transactions on behalf of minors and carry out other necessary legal actions, guardians give their consent to transactions that teenagers make on their own behalf.

The difference between guardianship and parental relations is that guardianship is carried out under the control of the guardianship and trusteeship body. In addition, for the maintenance of the child, the guardian (curator) is paid by the state on a monthly basis cash.

Children under guardianship retain the right to receive alimony, pensions, benefits and other social benefits, the right to ownership or the right to use living quarters, the right to communicate with their relatives.

The grounds for termination of guardianship and trusteeship are:

The child reaches the age of 14 and 18, respectively, or his emancipation,

Death of a guardian (custodian) or ward,

Return of a minor to his parents,

Adoption of a ward or placement in an appropriate child care institution,

Removal of guardians (trustees), which is carried out in cases of improper performance of their duties. The consequence of this is the impossibility in the future to be an adoptive parent, guardian (curator), adoptive parent.

3.Foster family - relatively new institution in family law – is a kind of family-type orphanage, which includes some signs of the institution of adoption and guardianship (guardianship). This form of raising children is widespread abroad. In Russia by the beginning of the XXI century, there were about 1000 foster families.

The legislation does not establish a minimum number of children that can be placed in a foster family. The maximum number of adopted children, including siblings and adopted children, should not exceed eight people. For the transfer of a child who has reached the age of ten to a foster family, his consent is required.

In a relationship adoptive parents the same restrictions apply as for adoptive parents. Foster parents acquire the rights and obligations of a guardian (custodian) in relation to the adopted child. Alimony and hereditary relationships do not arise between foster parents and foster children. Foster children retain the right to alimony received before being transferred to a foster family, as well as inheritance rights in relation to relatives.

The main feature of a foster family is that it is formed on the basis of an agreement on the transfer of a child to foster care, which is between the guardianship and guardianship authority and foster parents. This contract, in its legal essence, is contract for the provision of services(Article 783 of the Civil Code of the Russian Federation). to which the general provisions on contract, if this does not contradict the peculiarities of the subject of the service agreement.

The basis for the conclusion of the contract is the application of persons wishing to take the child for upbringing, which is submitted to the guardianship and trusteeship body at the place of residence of the child. The application is accompanied by the conclusion of the guardianship and guardianship authorities about the possibility of being foster parents, as well as the relevant documents. The contract stipulates the responsibilities of adoptive parents (raising a child, creating the necessary conditions for receiving an education, taking care of health, physical, mental, spiritual and moral development, ensuring the protection of the rights and interests of the child, etc.). The guardianship and trusteeship body undertakes to transfer funds for the child and other payments on a monthly basis, as well as provide housing, furniture and other necessary things.

4. Family-type orphanage– a form of an educational institution that is intermediate between a foster family and an orphanage (boarding school). Its activities are regulated by the Decree of the Government of the Russian Federation of March 19, 2001 No. 195 "On orphanage family type "). The family-type orphanage is organized on the basis of the family. The family must consist of spouses whose marriage is registered. To organize a family-type children's home, it is necessary for both spouses to take up at least 5 and no more than 10 children; if the family has native or adopted children who have reached 10 years of age, then their consent is also required. The spouses are the organizers of the family-type children's home.

The total number of children in a family-type orphanage, including relatives and adopted children, should not exceed 12 people.

A feature of this form is that the family-type orphanage is a legal entity in the form of an educational institution(non-profit organization), the founders of which are the executive authorities of the constituent entity of the Russian Federation or local self-government bodies.

The relationship between the guardianship and guardianship authority and the family-type orphanage is determined treaty, concluded between them, which unites the family-type orphanage with a foster family.

Unlike other forms of placing children in foster care, when creating a family-type orphanage, the organizers (spouses), in addition to the documents presented when adopting a child, must submit a document on education. When organizing an orphanage, preference is given to spouses who have experience in raising children, working in children's social, educational and medical institutions, who are adoptive parents or guardians (trustees).

Control questions:

1. Expand the content of the concept, subject, principles of family law.

2. What sources of family law are used in Russia?

3. Expand the content of the concept of marriage. Describe the legal conditions

marriage and the procedure for its conclusion.

4. Grounds for declaring a marriage invalid.

5. Expand the content of the legal mechanism for divorce in the registry office and

judicial procedure.

6. Describe the content of the rights and responsibilities of family members.

7. The concept of an alimony obligation and the basis for its occurrence.

8. Describe the forms of placement of children left without parental care.

The Russian Federation fully supports minors who, by coincidence of life circumstances, find themselves in a difficult situation - these are children left without parental care and orphans. Each of the regions determines its own level of social support, privileges and cash charges.

It doesn't matter how long orphans spend in childhood homes. Nobody can deprive them of real estate and other property inherited from their parents and other relatives, and their income ( pension payments, alimony) are subject to mandatory savings on savings books.

Who is considered to be orphans

Deputies of the State Duma of the Russian Federation adopted Federal Law No. 159-FZ of December 21, 1996 "On additional guarantees for social support of orphans and children left without parental care", in which the concepts of "children left without parental care" and "orphans" have different definitions... Orphans are residents of Russia under 18 who have lost one or both parents. And children left without parental care include minors, whose mother and father:

  • unknown;
  • lost the opportunity to raise and educate a child, or they were partially removed from it;
  • went missing, they were declared dead (this must be officially recognized);
  • have become incapacitated or the court has limited their legal capacity;
  • are inmates in prisons;
  • have committed a criminal act and are in pre-trial detention centers;
  • refused to educate, protect and financially support them.

Citizens who have lost their only or both parents before the age of 18 can count on additional support from the state until the time they turn 23 years old.

All inmates of orphanages are endowed with the following rights:

  • provision of food, clothing, accommodation and school curriculum;
  • development of talent in creativity, sports, science, etc .;
  • assistance in the educational process and correction of the detected deviations.

In order for children left without parental care and orphans to develop comprehensively, they are given the right to attend electives of various profiles, sections in all types of institutions, as well as the opportunity to participate in contests or olympiads.

Benefits and benefits

Social support and benefits for these children are established by the deputies of the regional duma. Orphanages are obliged to provide their pupils free of charge with everything necessary for life: good nutrition, clothes, shoes, linen and others. Orphanages are also federal, which are funded from the state budget.

IMPORTANT! After the issuance of certificates of education, children are released from institutions, but they are provided with clothes, shoes, underwear, money in the amount of 500 rubles and more free of charge. If the orphan wishes, things can be replaced with a lump sum.

Each child left without parental care during the passage vocational training it is possible to ride public views transport and not pay for travel at the point of residence and beyond (suburban routes).

Federal Law No. 324-FZ of November 21, 2011 "On Free Legal Aid»Allows orphans and their guardians (when visiting lawyers to conduct cases that directly concern orphans) to receive the services of lawyers free of charge.

The right of orphans to health care

Orphans are guaranteed free medical care in all hospitals and clinics, except for private ones. It includes:

  • rendering medical services using high technologies;
  • complete annual examination of the body;
  • wellness procedures;
  • medical examinations;
  • treatment abroad with federal funding.

On an extraordinary basis, vouchers are provided for orphans to sanatoriums, resorts and camps. They are provided with a free round trip if the tickets were bought on their own at own funds, then the costs are compensated.

The right of orphans to work

All graduates of orphanages must be officially employed, and they are guaranteed protection from unemployment. Turning to employment centers, they receive assistance from specialists in finding vacancies, further employment, and, if necessary, assistance in issuing a referral to acquire a chosen profession or additional vocational education.

If orphans are registered at the citizens' employment center and are entered in the register as unemployed, but they receive education from the specialists of the labor exchange, they are paid a scholarship and allowance.

IMPORTANT! If orphans are dismissed in connection with the liquidation of the enterprise or the layoff of employees, the directorate is obliged to pay for vocational training and employ them.

Privileges in the field of education

Citizens who have received school certificates in orphanages can apply to vocational schools, colleges, universities and rely on budget places of full-time education. Orphans can study for free:

  • on courses for applicants;
  • twice in schools, technical schools, and once in universities;
  • according to the vocational training program once (working specialties).

ATTENTION! If during learning activities the student becomes an orphan, he is provided with social support and payment for educational services from the budget.

the federal lawdated December 29, 2012 N 273-FZ "On education in the Russian Federation" empowers regional authorities to issue social stipends and lump sum every year to buy textbooks and stationery. The payment is equal to three times the amount of the accrued social stipend.

If the directors of orphanages give permission, their graduates studying at schools, colleges and universities during the holidays can come to their homes of childhood, live and eat there for free. They also have the option of free roundtrip travel once a year.

If orphans during educational process take academic leave (in case of need for treatment, during pregnancy, caring for children under 3 years old), they are provided with full social security from the state and continue to pay scholarships.

Right to housing

The Government of the Russian Federation has decided to provide orphans with comfortable living space for temporary use for a 5-year period. If it is over, and the orphan is in distress, then the rent of the apartment is allowed to be prolonged 1 more time for 5 years. The process of providing premises is regulated by the constituent entities of the Russian Federation.

To receive square meters, orphans must reach the age of majority (or full legal capacity up to 18 years) and submit a written application according to the established model. Children can become owners of new housing after graduating from an orphanage, acquiring a profession according to programs educational institutions, completion army service or imprisonment.

If orphans have ownership rights to properties where they are allowed to live, they can also apply for living space. The inability to stay in apartments and private houses is determined if there is one of the following reasons:

  • parents who have been deprived of their rights to raise these children and who have not been resettled by a court verdict permanently reside in the residential area (this also includes seriously ill people);
  • the living space does not meet sanitary and technical standards;
  • when the child moves in, the amount square meters per person is reduced and becomes less than the established minimum.

In accordance with Family Code, orphans, over whom they have formalized guardianship / guardianship or adopted, have the same rights as their own children. Family code RF assigns to orphans receiving support from their parents. But if these children are adopted by other people, then they lose their property rights guaranteed to them from blood relatives... In the event of the loss of one or both parents before the fact of adoption, the orphan can legally inherit their property and receive a pension.

IMPORTANT! According to Decree of the Government of the Russian Federationdated July 17, 1996 N 829, all monetary receipts of an orphan, foster parents / guardians should spend only on the needs of the child, having previously received approval from the guardianship authority.

The directors of orphanages are required to keep alimony received from parents in bank accounts. By existing rules they can only spend 50% of the income on children. As soon as they leave the walls of the institution, the management gives them the right to use the account with the accumulated money: alimony for the entire period of residence in the childhood home + half of the accrued interest for placed deposits.

Orphans are one of the most vulnerable groups of Russian residents and should be fully supported by the funds of the corresponding constituent entity of the Russian Federation. So that they can organically enter society and fully live and work, the country endows them with advantages in the form of free educational services, official priority employment, provision of vouchers to sanatoriums and camps, treatment and provision of living quarters.

CHAPTER 1. CONCEPT, SIGNIFICANCE AND LEGAL REGULATION OF SOCIAL SERVICES FOR ORPHANCED CHILDREN AND CHILDREN LEFT WITHOUT PARENTAL CARE

The concept of orphanhood, the reasons for its appearance, the problems of orphans and children left without parental care

Orphanhood today in modern Russia is a significant problem affecting the policy of our country, but also on society as a whole. This is expressed mainly in the fact that the modern social and economic situation in our country needs to be improved.

S.I. Ozhegov in explanatory dictionary of the Russian language gives the concept of "orphanhood" as "loneliness, the state of an orphan."

Reference dictionary social worker defines the concept of "orphanhood" - social concept, which shows the position of orphans, that is, an orphan - a child who is permanently or temporarily outside the family environment, or a child who has the right to help and protection from the state, also due to his interests cannot remain in such an environment.

According to the pedagogical terminological dictionary, orphanhood is social phenomenon, which characterize the lifestyle of children who are left without parental care.

The clearest definition of the terms "orphans" and "children left without parental care" is given in federal legislation. The Federal Law "On Additional Guarantees for Social Support of Orphans and Children Left Without Parental Care" dated December 21, 1996 No. 159-FZ defines the category of such children:

Orphans are persons under the age of 18 whose only parent or both parents have died;

Children left without parental care are persons under the age of 18 who were left without the care of both parents or a single parent due to their restriction of parental rights, deprivation of their parental rights, recognition of parents as incapable (partially capable), missing, serving by parents of punishment in institutions in the form of imprisonment, declaring them dead;

Persons from among orphans, children left without parental care, include persons aged 18 to 23 years. When they were under the age of 18, their only parent or both parents died, or who were left without the care of both parents or a single parent. This category of persons is entitled to additional guarantees for social support.

According to D.V. Volkova and G.M. Pogorelova, social orphanhood in Russia has its own characteristics:

Aggravation of the problem of child abuse in families;

An increase in the number of socially dysfunctional families;

Constant growth in the number of children left without parental care and orphans;

Inoperative decision by the guardianship and trusteeship authorities of issues of upbringing, future fate and temporary life arrangement of children;

Low level prevention of social orphanhood;

Reduction or cancellation social benefits;

Deterioration of the crime situation among minors;

A sharp increase in the number of street children.

Tyugashev E.A. in his research, he distinguishes the following types of orphanhood:

Orphans themselves. Such children, whose parents died early;

Home orphans. These children have parents, but they do not care about their child who lives with them. In the worst case, children with such parents are in an antagonistic relationship, and in best case they are strangers to each other;

Boarding orphans. Such children, whose parents practically do not participate in their upbringing, so that they are brought up in a boarding school far from their parents;

- "refuseniks". Such children are from parents who have given up parental rights;

- "deprived". Such children belong to parents who are deprived of parental rights.

According to E.A. Tyugashev, he especially emphasizes social orphanhood. Such orphanhood includes those children who have biological parents. But the parents of such children, for some personal reasons, do not care for and are not involved in the upbringing of their children. Such parents are not legally deprived of parental rights, but do not actually take care of their children.

On the basis of social orphanhood, the author distinguishes "hidden" social orphanhood. It is caused by a change on the part of parents in the attitude towards their children, up to the complete ousting of children from the family. This attitude leads to an increase in homelessness. huge amount adolescents and children. As a result, the author classifies orphanhood as a social concept and as a social phenomenon.

In order to better understand and solve the problems of orphanhood, it is necessary to investigate the sources of orphanhood and the reasons for its appearance in modern Russia. The sources of orphanhood in Russia originate from the distant past, when during wars, hunger strikes, epidemics, natural disasters, and a number of other natural disasters, parents died, so their children became orphans. In modern Russia, the situation differs in the reasons that lead to orphanhood, and not in the percentage of orphans. Many researchers note that hospitals, special institutions, maternity hospitals are filled with abandoned babies.

In our opinion, the spread of the phenomenon of orphanhood in our country is due to a complex of processes and special conditions in society that characterize the development of the country throughout the 20th century: the Revolution of 1917, the terror of the 1920s and 1930s, three destructive wars (World War I, civil , Great Patriotic War), the consequences of perestroika in the late 80s - early 90s.

In the first decades after the revolution, the Bolsheviks dealt a powerful blow to the age-old Russian culture. The famous Russian culturologist and philosopher Yu.M. Lotman introduced the concept of "age-old building of culture". The author believed that “culture always implies the preservation of experience, that such an expression is not accidental. One of the main definitions of culture is its "non-genetic" memory, always implies the continuity of the intellectual, spiritual, moral life of society and man, and humanity, is always associated with history. When we talk about modern culture, without knowing it, we are talking about the huge path that our culture has passed. This path crosses boundaries national cultures, historical eras, has thousands of years, immerses us in one culture of all mankind. "

It is known that today Russia is suffering from social and economic turmoil due to significant changes in last years... The Russian government has to prioritize national security and economic development, preservation of the foundations of statehood, since our country has entered the construction of a post-totalitarian society. The first steps in this direction are accompanied by the reduction or abolition of social benefits, which contradicts the main function of any state - social protection of the population in need. The growth of wages and benefits does not keep pace with the rise in prices, therefore, the possibilities of parents in raising children are deteriorating, and the standard of living of families with children is declining. In turn, this state changes in many respects the public consciousness. The interests of individual survival become dominant, and spiritual and social needs, which include caring for children, are relegated to the background. Unfortunately, representatives of the least protected social strata of our society are especially sensitive to such destructive processes.

The growing number of children who have lost parental care with living parents, that is, social orphans, are now causing great concern. Social orphanhood is one of the most acute problems facing modern state and the society of Russia. At the same time, the concept of "social orphanhood" indicates the special role of processes in society and social conditions during the formation of this phenomenon, it is widespread in our country.

It is assumed that social orphanhood is caused by one of the critical factors modernity - the process of urbanization. The city accelerates the emancipation of women, changes morality, contributes to the disintegration of patriarchal family ties, creates a special cover for a person social anonymity, leads to the spread of male vices among women - drug addiction, crime, alcoholism, that is, to mental and physical rejection from the child.

The reasons for social orphanhood as a multidimensional phenomenon, according to G.N. Solomatina, consist in:

Voluntary refusal mothers from their minor children (abandonment of a newborn in maternity hospital, tossed newborns);

Forced removal of a child from the family, when parents deprive of parental rights in order to protect the interests of the child (asocial review of life, incapacitated parents);

Natural or social cataclysms, forcing the population of the country to chaotic migration (loss of a child, abandonment of a child).

A.Yu. Vasiliev connects the phenomenon of social orphanhood, first of all, with two factors: the crisis of the family and socio-economic instability in society. These factors form a range of reasons for the manifestation of social orphans:

Social disorientation of families;

Material and housing difficulties of parents;

Weakness of moral principles;

Negative phenomena associated with the degradation of the personality of an adult (alcoholism, drug addiction, malicious evasion of responsibilities for raising a child).

Based on the analysis of the previously identified reasons for orphanhood and according to domestic practice, we can say that the main reasons for orphanhood in modern Russia are:

Refusal of parents from a child in a maternity hospital;

The difficult financial situation of the family;

Unwanted pregnancy(in most cases, such a pregnancy occurs in minor children who entered early sex life);

Social maladjustment of the child's parents, most often associated with the use of drugs, alcohol;

The birth of a child with pathology (this includes children with disabilities, children with incurable diseases, etc.);

Death or indiscernible illness of one or two parents, in the absence of close relatives;

The parents of the child are serving their sentences in prisons;

Parents were recognized as incapacitated (partially incapacitated);

Parents evade the responsibility of raising their minor children, that is, they are deprived of parental rights;

Cruel treatment with children in the family;

And other reasons.

According to N.V. Skatkov, deprivation of parental rights is the main reason why children in Russia are deprived of parental care. According to statistics, every year 80% of children in children's homes are children whose parents abandoned them immediately after their birth, due to the child's illness - 60%, due to severe financial situation families - 20%. In 2015, 40,000 Russians were identified as deprived of parental rights. Of these, 29,000 were deprived of their rights for evading the responsibilities of raising underage children, 12% for alcoholism and drug addiction, and 5% for abuse of parental rights.

At present, the share of orphans and children left without parental support in Russia is more than 600 thousand people. It's pretty big figure, but in recent years there has been a tendency towards a decrease in the number of orphans in Russia. For example, in 2012 this number amounted to 654,355 children, in 2013 this figure increased slightly and amounted to more than 660 thousand children, and in 2014 it dropped again to 634 thousand children. As practice shows, the number of orphans in Russia changes every year, but, unfortunately, the reasons for social orphanhood remain unchanged. Currently, statistical data on the spread of orphanhood in Russia are periodically published in many mass media, so it is not difficult to imagine a real picture of this phenomenon.

It can be concluded that the problem of social orphanhood is becoming especially urgent for large industrial cities of Russia. Among inmates of boarding schools, 95% of children were transferred to full government support, from them parents various reasons refused, or deprived of parental rights, and only 5% of children do not have parents.

Unfortunately, among orphans there are also disabled children with various mental and physical development... Such children represent a special category, until the end of their life they need support from adults, they also need constant medical examination on which to spend a large number of money and time.

It is believed that every child from the moment of his birth needs care, love and affection from his parents. Constant attention to the child lays in him the basic personality traits, which in turn provide psychological stability, moral guidelines, love of life and purposefulness. But, unfortunately, in our society there are also children who are deprived of parental attention. And throughout their lives they have to experience a number of problems that affect their development.

Many scientists have come to the conclusion that the problems of orphans, children left without parental care are:

Medical character. Among the problems of a medical nature, the following can be distinguished: deviations in the mental and physical development of orphans (this can include Down syndrome, children's cerebral palsy(Cerebral palsy), as well as atrophy of movable limbs, etc.); illness gastrointestinal tract; respiratory diseases (pneumonia, various respiratory viral diseases); Congenital heart defect; infection urinary tract; prematurity, anemia, malnutrition and rickets (all of these conditions aggravate the course of viral and bacterial infections, inhibit the development of children); diseases with hepatitis "C" or "B", as well as syphilis (the main source of such diseases are parents of alcoholics, drug addicts, as well as mothers who underwent syphilis or hepatitis during pregnancy). That is, there is increased risk morbidity in orphans: frequent chronic pathologies, lags in the level of physical, mental, intellectual development, brain damage due to intrauterine intoxication, neuroses, which are caused by mental trauma;

Social character. To problems of a social nature, firstly, it should be attributed social status an orphan child brought up in an orphanage or boarding school. He is like a "nobody's" child. Such a child lacks adult attention. This is due to the fact that the attention of teachers and educators in orphanages is focused not on a specific child, but on a group of children. Secondly: children brought up in orphanages experience a disdainful attitude towards themselves on the part of children and parents from ordinary families... Thirdly, orphans, children left without parental support before they come of age, are fully supported by the state. Children get used to their constant patronage by adults. Such children are called dependents, they are characterized by a low index of independence. When leaving the boarding school, such children cannot solve many life problems on their own;

Pedagogical character;

Psychological character. Special meaning for orphans have problems psychological nature... They are usually defined by a lack of love and parental affection. Babies can die if left without emotional warmth despite and normal care behind them, in older children, there is a violation of the development process. A deep attachment to parents helps to develop self-confidence on the one hand, and children's trust in other people on the other hand at the same time. The absence of some kind of attachment to a particular adult disorientates the child, makes him feel vulnerable and of little value. Children who are rejected are emotionally distressed. This dampens their cognitive and intellectual activity. All internal energy goes to adapt to the search for emotional warmth and the fight against anxiety in the conditions of his severe deficit. The attention of employees of boarding schools and orphanages cannot compensate the child for communicating with his home family... Such children of institutions have a limited social circle. Children become aggressive, emotionally cold, withdrawn, and highly vulnerable. That child does not have a stable positive "I-image", friendly and warm relationship with other people, more chances for self-respect, which has not been deprived parental love, which is proven by many studies. Children whose parents are deprived of parental rights are most affected by life trauma. On the one hand, this is due to the maltreatment of the child within the family (physical and sexual abuse, lack of due attention to children), and on the other hand, it is hard to experience separation from the family. The child perceives forced separation as the death of his parents. Children try not to think about what happened to them, as emotional deep connections with people who matter to us are the source and basis vitality for everybody.

Experiencing constant violence in the family, children run away from it, which is the development of vagrancy and homelessness in our country. According to statistics, every year in Russia 26,000 children become victims of criminal attacks by their parents, 10,000 children and adolescents run away from home, 2,000 children and adolescents flee domestic violence will commit suicide.

In addition to domestic violence, the child may again meet with him within the walls of the orphanage, which negatively affects him mental development, causes a feeling of fear and distrust of people. Such violence can be viewed from different aspects. First, staff violence - banging the head against a wall, tying up, beating children, leaving or locking children without changing clothes for several days, beating them. It can also be expressed in sexual assault by the staff. Sometimes children do not receive the care they need - this is the second symptom, that is, lack of care. The most dangerous thing for children is the lack of care of disabled children. For disabled children in many institutions with pupils do not conduct and do not play developmental activities, do not give proper education. Sometimes they are left to lie in bed for a long time without contact with other people. This type of treatment can lead to problems in emotional state, the occurrence of long-term health problems. Violence from other adolescents and children in orphanages is also present: this can include humiliation, insults, physical violence.

As a result, orphanhood in modern Russia has its own characteristics and characteristics: the emergence of new characteristics of social orphanhood, which are determined by the fall in the moral foundations of the family, the constant deterioration of the life of the Russian family, and consequently, a significant increase in the size of social orphanhood. All this leads to the neglect of a huge number of adolescents and children in almost all regions of the country, a change in the attitude of adults towards children up to their complete displacement from the concept of "family", the deculture of the Russian people.

It is necessary to study the causes of orphanhood in order to prevent it in time. There is no doubt that the main reason for child neglect is the immoral lifestyle and drunkenness of parents, the unwillingness of many parents to raise their children. The alienation of the child from the family is also often caused by intrafamily conflict, which is based on the stubborn unwillingness of adults to help overcome crisis situation and forgive the child, get into the position of their child.

  • Ayrton Senna: Crossing the Line: Accidents and Their Causes - Chapter 7