Medicine today 

Adoptive family policy. Foster family. Legal aspects of the transfer of the child, social benefits. Agreement on the transfer of a child to a foster family

The number of kids who were left without the care and love of their parents in Russia is large. To help such children, special state programs are being developed. With their help, childless couples and children from shelters have a chance to become happy.

In accordance with the legislation of Russia, the transfer of a child occurs in different ways - it can be guardianship, adoption, as well as a foster family. The last form arose a little over 10 years ago, and many do not quite understand its essence. The indisputable advantage of a foster family is its accessibility to ordinary citizens. Compared to adoption, the conditions under which a child is allowed to be adopted are not too strict.

The concept of a foster family and legislative regulation

A foster family is a special form of placement of orphans and children who are left without the care of their father and mother. In accordance with the Family Code, both married couples and single citizens are allowed to take responsibility for raising children.

Foster family and adoption are different ways to place a minor in a family. During adoption, family ties are established between parents and the child, in the first case there are none. Parents do not have the right to change the last name, first name or date of birth of an adopted orphan, but the status is retained behind him, that is, all payments and benefits due to orphans. For foster children, vouchers to sanatoriums and recreation centers are provided. In addition, every month the adopted child receives a pension.

Adopted children may stay with the family until they reach adulthood or graduate from school. After that, young people will be offered a job and a room in a hostel. Unlike adoption, children stay in foster families only for a while, after which they lead an independent lifestyle. Sometimes relations between the parties develop positively, and orphans remain to live with foster parents even at an older age.

The guardianship authority pays attention to the trustworthiness and decency of the foster family. This takes into account the health of the adoptive father and mother, the amount of their total income and living conditions (apartment, house, dorm room). No more than 8 children are allowed to be taken into custody, but there are exceptions.

Before the transfer of the baby to foster parents, an agreement is concluded between them and the guardianship and guardianship authority for a certain period, which regulates the interaction of the parties from the point of view of law. The creation and functioning of a foster family is regulated by the following legislative acts:

  • Family Code of the Russian Federation (Articles 152 and 153);
  • "Regulations on the foster family", approved. Decree of the Government of the Russian Federation No. 829 dated July 17, 1996 No.

Art. 152 of the Family Code defines a foster family:

Article 152. Foster family

(as amended by Federal Law No. 49-FZ of April 24, 2008)

  1. The foster family is the guardianship or guardianship of a child or children, which are carried out under an agreement on a foster family, concluded between the guardianship and guardianship authority and the adoptive parents or foster parent, for the period specified in this agreement.
  2. The provisions of Chapter 20 of this Code shall apply to relations arising from a foster family agreement. To the relations arising from the agreement on the foster family, in the part not regulated by this Code, the rules of civil law on the provision of services for compensation are applied insofar as this does not contradict the essence of such relations.
  3. The procedure for creating a foster family and exercising control over the living conditions and upbringing of a child or children in a foster family is determined by the Government of the Russian Federation.

Art. 153 contains the criteria for selecting future parents, the content of the contract to be concluded and the procedure for terminating it. The regulation on the foster family describes in detail the procedure for its creation, the material support of the child adopted for upbringing, and the relationship between the family and the guardianship authorities.

Differences between a foster family and guardianship

Guardianship is a form of raising children under 14 years of age. Adolescents older than the specified age are under guardianship. The right of registration of guardianship is primarily granted to relatives of a minor.

The right of a child to be raised in a family is respected regardless of whether he has adoptive parents or he grows up in a foster family. The guardian takes care of the child free of charge, often this responsibility is assumed by his blood relatives.

Children who cannot be adopted or placed under the care of close people get into foster families. For the upbringing of the child, foster parents receive a monetary reward.

Which option is best for the child? There is no single answer. His happiness and comfort does not depend on the form of upbringing, but on the love and care of people who have taken responsibility.

Adoptive Parent Selection Criteria

The main requirements for adoptive parents are a sincere desire to raise a child, adulthood and legal capacity. There are no restrictions for foreign citizens - they have the opportunity to become foster parents of orphans. Reasons for refusal to obtain the status of a foster family:

  • lack of permanent work;
  • extinguished or outstanding conviction of one of the applicants;
  • illness of any of the applicants (AIDS, tuberculosis, hepatitis C);
  • lack of real estate that can be disposed of;
  • the incapacity of the applicant, established by the court.

The procedure for registering a child in a foster family and the necessary documents

Parents who decide to adopt a child should contact the guardianship and guardianship authority. The public service will provide applications to fill out, after which they will be sent to training to obtain the status of adoptive parents. Taking the course is a must. They will provide applicants with valuable information on how to quickly find an approach to the child and overcome the difficulties that have arisen. You do not need to pay for the training course, and after completing it, students receive certificates.

List of required documents:

  • certificate from the place of residence about the composition of the family;
  • copies of passports;
  • a document confirming the ownership of real estate;
  • certificates from the personnel department about official employment;
  • original marriage certificate (if any);
  • certificates of average wages;
  • written consent of all family members to receive the status;
  • health certificates;
  • applicants' CVs;
  • certificates from law enforcement agencies about the absence of a criminal record;
  • certificate of completion of training.

After submitting the documents, the representatives of the guardianship will consider the application, and within 3 weeks, the applicants will receive a written decision with confirmation or refusal. During this time, an inspection of housing conditions will be carried out, on the basis of which an act will be drawn up.

In the event of an unjustified refusal, the applicants may appeal the decision in court. If the family received a favorable verdict, the next step is to get to know the child and conclude an agreement. Initially, parents will receive a referral for an acquaintance. If contact could not be established, a second referral is issued to meet with another child. After the consent of the applicants, the contract is signed. It contains the following items:

  • living conditions, maintenance and education of the child;
  • the period of the contract;
  • rights and obligations of parents;
  • rights and obligations of the guardianship authority;
  • conditions for early termination of the contract.

Responsibilities of adoptive parents

The decision to become foster parents cannot be based on an emotional outburst and momentary desire. Such a step should be conscious, because adults will bear all the responsibility for a small family member.

Foster parents should not ignore the obligations specified in the contract, otherwise this will serve as a basis for its termination. The obligations of parents in a foster family are described in Article 148.1 of the Family Code of the Russian Federation. In particular, these are duties such as:

  • raising a child, taking care of his health, as well as physical, mental, spiritual and moral development;
  • provision with everything necessary (food, clothing, personal hygiene items, etc.);
  • creating a favorable psychological atmosphere in the family;
  • assistance in learning in accordance with the educational program;
  • protection of the rights and interests of the child, if circumstances so require.

Support programs for orphans in foster and guardian families

With regard to orphans left without parental care and transferred to a foster family, under guardianship or guardianship, measures of material, social, educational and other support are established in accordance with the programs of the national and regional levels:

The structure of the social institution of foster families is described in the RF IC. The regulation on the foster family defines these relations as a form of agreement between the guardianship and guardianship authorities (CLO) and the family, aimed at formalizing custody of a child left an orphan.

The concept of a foster family

Citizens who wish to adopt a minor or several left without parents into a family under the guardianship have the right to do so, and after the formulation and signing of an agreement with the PLO, they become adoptive parents. They can be not only those who are legally married, but also single citizens who do not have material problems. Children who are placed with the help of the FLO into a foster family become foster children. From that moment on, the family itself is called a foster family and enjoys the corresponding social rights and benefits of this institution.

The legislation of the Russian Federation also provides for other forms of organizing the upbringing of children deprived of parental upbringing (orphans). The foster family differs from them in that:

  • Unlike adoption, the relationship between adoptive parents and children is limited in time and confirmed through a contract with the PLO;
  • Unlike guardianship, the law limits the age of adopted children (orphans) and obliges to conclude an agreement to formalize the relationship.

From the moment when the foster family agreement was concluded, a foster family was created, foster parents acquire the rights and obligations of guardians, social benefits, benefits, but not the same as those arising from adoption. Several minors can be transferred to a family for foster care until their total number (together with relatives) reaches 8.

Foster Family Agreement

The contract can be concluded between the foster family with the help of the PLO after the citizens submit an application and study the living conditions. The application contains a request to transfer a specific child for upbringing. An application is submitted at the place of residence of the child. In order for the contract to be signed without problems with the support of the PLO, the application must be accompanied by a conclusion drawn up on the basis of the results of professional research, guaranteeing the possibility of the family to become foster parents. The conclusion contains a description of the foster family. It has a limited validity period - up to 1 year.

An important condition of the foster family agreement is its validity period. With the help of the document, other important aspects of the organization of the institution of guardianship are approved, support for foster families is carried out:

  • The conditions in which the taken minor must live;
  • Payouts;
  • How is the upbringing and development of the child taken;
  • In what form is the education of the adopted child with the support of the PLO taking place;
  • What rights are transferred by means of a guardianship agreement to adoptive parents who have adopted a child, their responsibility for his life and health;
  • What are the responsibilities of the PLO in relation to the foster family;
  • As well as the conditions for terminating the contract.

The reasons and problems by which the "foster family" contract can be terminated before the end of its validity period are listed in it. In particular, the lack of understanding with foster children, as well as illness (disability) or the lack of material opportunities for decent maintenance and upbringing of adopted children, a court order - all these are good reasons for terminating the contract and taking the necessary measures. In addition, the appearance of a family wishing to arrange an adoption with the support of the PLO, entails the termination of the contract.

Any financial issues arising from the early termination of the contract are resolved as described in its terms by agreement of the parties, and in disputable situations, disagreements between the parties can be investigated and resolved by court order with the support of the PLO.

For the placement of a minor (orphan) in a foster family, the consent of the educational institution where he was in care should be obtained. If at the time of the conclusion of the contract with the foster family he was already 10 years old, then his consent to the transfer must be asked. If a minor has a brother or sister, and their relationship matters, the placement of children in a foster family is only possible together, it is allowed to separate them for medical reasons (disabled).

All social benefits, allowances, pensions, payments, a minor does not lose when transferred to a foster family. If during his life he has the right to reside, use, own housing, then it remains with him, and in the absence of such, the child has the right to receive housing with the support of the PLO, as specified in the law.

With relatives, foster children can maintain relations as they wish, if this does not create problems for the foster family, there is no prohibiting court order.

The arrangement of contacts with parents (biological), their organization can be performed only with the consent of the foster family, with her help. Arising disputes about this are investigated and resolved in the PLO and the necessary measures are taken.

Foster family payments

Every month, with the help of the local budget, foster families are allocated funds, allowances, payments for the maintenance and development of children. Foster family payments allocated for the maintenance of taken minors and for the wages of foster parents, as well as social benefits, are established by the law of the constituent entity of the Russian Federation.

Accounting for all expenses is carried out in writing, using payment documents. Every year, the foster family reports to the PLO on the expenditure of allocated funds, social benefits, payments, and benefits. These documents are examined, but if the family managed to save money, then the money is non-refundable. These are the foster family payments.

The civil law nature of relations in a foster family

Relations at the institute, the foster family are characterized as businesslike, in contrast to adoption, although in addition to caring for a decent level of living, education, food, etc. foster children, foster parents are also engaged in education. But unlike a real (biological) family, the features of such a concept as a "foster family" are that between parents and minors there are no hereditary, alimony and other family relations defined in the RF IC.

It is excluded the formation of such an agreement as a foster family, and the signing of agreements with the PLO and the following persons:

  • incapacitated and partially incapacitated by a court order;
  • deprived or limited in parental rights by a court order;
  • previously suspended from the duties of a guardian due to problems with breach of contract;
  • deprived of the rights of an adoptive parent by a court order;
  • unable to become guardians due to health problems (disabled, with developmental disabilities).

Formation of a foster family

The institution of a foster family is possible, but it requires not only the desire of citizens, their warm attitude towards a particular child, but also an application to the PLO. It is necessary to obtain the consent of the PEP and the educational or medical institution for the transfer to a foster family of the following categories of minors (clause 1, article 121 of the RF IC):

  • Orphans;
  • Those whose parents are not identified;
  • Those whose parents are deprived of parental rights are in places of deprivation of liberty by a court order, are incompetent, are missing;
  • Those whose parents are unable to perform their duties due to health problems (disabled, with developmental disabilities).

Not only healthy minors can be placed in a foster family with the support of the PLO, but also disabled, sick, with developmental disabilities. The foster family in this case must prove that they are able to provide proper care for such a child, take appropriate measures.

Procedure for transferring a child to a foster family

In order to legally organize the transfer of a minor to a foster family, the following conditions and measures must be observed:

  • The minor is under 18 years of age.
  • Within 20 days from the receipt of the application, the PLO is required by law to give an answer on the possibility of transferring the minor (children) to a foster family.
  • A survey of living conditions in a large family showed a satisfactory condition of the dwelling, revealed no problems, and the availability of everything necessary for living and maintaining another family member.
  • The agreement was formulated with the support of the PLO and studied by both parties, an agreement was reached on all points (and on payments), including on the issue of remuneration for foster parents.
  • The minor is informed about the placement in a foster family and does not protest against it.
  • Members of the foster family are informed about the responsibility for the life, health, mental state and decent maintenance of a minor.

Forms and types of foster families

The RF IC defines all 4 forms of the institution of foster families:

  • Adoption. A minor is accepted into a large family on equal terms with his own children. Adoption in the eyes of the law is identical to blood relationship. The adoptive parents can change the name of the child, give their surname, change the date of birth. For the adaptation of a child in a new family, parents are given leave when adopting 1 child - 70, two - 100 days. In order to maintain the secrecy of the mother's adoption, maternity leave may be granted as a necessary measure. Only one of the spouses or both can act as an adoptive parent. If the minor is already 10 years old, in order to avoid problems, his personal consent to adoption will be required.
  • Guardianship. Minors under 14 years of age are placed under guardianship with the support of the PLO, and those over 14 years old are placed under guardianship. Before the law, the guardian does not have supremacy over the adoptive parents, therefore a minor, including a disabled person, can be transferred from custody to a family that has agreed to become adoptive parents. The form of organization can be paid (for a fee) and gratuitous. By law, preliminary guardianship for a period of 1-2 months is established for adoptive parents, but in this case the secrecy of adoption is not observed. Biological parents do not lose the opportunity to restore their rights in court if they wish to restore relations with the child and continue its maintenance.
  • Foster family. The second name of the organization is the patronage family. The number of foster children (including disabled children) can be more than 1 - up to 8. In such a family, minors live until they enter, and in the absence of problems, until they graduate from a vocational school. Children remain orphans in the eyes of the law, who are looked after by foster parents with the support of the PLO on a paid basis. Strict requirements are imposed on those wishing to arrange paid (for a fee) guardianship, including training at specialized courses, as well as an interview at the PLO.
  • Family-type orphanage. From 5 to 10 minors can be accepted into it. The organizers receive remuneration, state assistance in the form of salaries and funding for the establishment of an orphanage. Work in the orphanage is counted by the organizers according to the law in the labor, professional experience. Living quarters or houses are allocated out of turn for an orphanage. Despite the strict requirements for the organizers and the control of the PLO for children (especially the disabled) to live in such a house, the law looks at this form of organization as a family, but not as an institution.

Benefits for foster families

The list of benefits that adoptive families are entitled to use with the support of the PLO includes:

Receiving benefits from the federal budget once a month. The amount of the benefit is indexed annually and is determined individually.

  • Benefits for a free device for treatment in institutions of a sanatorium-resort type of municipal form of ownership.
  • Free meals for children at school.
  • Upon reaching a minor of 18 years, he has the right to be in the queue for a new home.
  • Benefits for admission to organizations and institutions of vocational education, universities.
  • Benefits for people with disabilities for emergency prostheses.

Question answer

Free online legal advice on all legal issues

Ask a question for free and get a lawyer's answer within 30 minutes

Ask a lawyer

foster family

Good evening! Are both parents of a foster family paid remuneration for raising children in the Rostov region???

Victor 03.03.2019 20:42

Good afternoon According to Art. 153.1 of the RF IC, remuneration is paid to the foster family, and not separately to each parent.

Pikalov Vladislav Sergeevich 04.03.2019 13:23

Ask an additional question

This is true.

Valuev Igor Vladimirovich 04.03.2019 11:17

Ask an additional question

Registration of guardianship by a convicted person

Hello, my husband has a criminal record (probation 158st), we have collected all the documents for a foster family, can we be refused because of this? and if I register the child for myself, will I need a certificate of my husband’s criminal record?

Alexandra 14.02.2019 17:47

Good afternoon. According to the provisions of the criminal law, art. 158 refers to crimes against property.

Wherein, According to the Criminal Code of the Russian Federation, persons who have or had a criminal record, are subject to or have been subjected to criminal prosecution (with the exception of persons whose criminal prosecution has been terminated on rehabilitating grounds) for crimes against life and health, freedom, honor and dignity of a person (for exception of illegal placement in a psychiatric hospital, slander and insults), sexual integrity and sexual freedom of the individual, against the family and minors, public health and public morality, as well as against public safety.
Therefore, you can try.

Malov Dmitry Vladimirovich 14.02.2019 21:59

Ask an additional question

Good afternoon. Regarding adoption only by the mother, this is also possible.

Valuev Igor Vladimirovich 15.02.2019 00:00

Ask an additional question

Child benefits up to 1.5 and up to 3 years

Hello, I am a foster mother (the only guardian / foster family on a reimbursable basis) of two children left without parental care in 2014 and 2017 (since 2015 and 2017, respectively). For the first child, she received a care allowance up to 1.5 years (from December 2015 to June 2016 until the child reaches 1.5 years old) in the amount of 3600 rubles (at least, as for a non-working citizen, although there is a certificate of 2 personal income tax from January to March 2015, guardianship was appointed in December 2015, accordingly, the allowance is also from December 2015). In May 2017, I submitted documents to the MFC for an allowance for caring for a child up to 3 years of age for a single mother, which was denied to me by the employees of the USZN, referring to the fact that the allowance is issued to citizens whose income is below the subsistence level. At that time, a child allowance was paid, the remuneration to the foster parent, the total amount of which was 15 thousand rubles (with a living wage for an adult 10 thousand rubles, for a child 9 rubles). When submitting a package of documents in 2017 for the appointment and payment of benefits for the care of a second child up to 1.5 years old in the USZN, the documents for the first child were returned to me by the USZN specialist (as unnecessary) and I was denied the allowance for the care of a child up to 1.5 years old in double size, as for the second and subsequent children, referring to paragraph 50 of Ch. VI FZ N 1012-n of December 23, 2009 and explaining that children are not born (adopted) by one mother. Law FZ-81 dated May 19, 1995 established that when determining the amount of the allowance for the care of the second and subsequent children under 1.5 years old, for fathers, adoptive parents, guardians, foster parents, foster and de facto educators, the allowance should be assigned taking into account all children (including relatives , adopted, taken under guardianship (guardianship), in a foster family, for foster and actual upbringing, i.e. my second adopted child born in 2017 was assigned an allowance up to 1.5 years in the amount of 3613.68 rubles as for the first child instead of 7327.35 rubles, as for the second and subsequent children.After 2 months (in February 2018), the allowance was completely withdrawn, they sent me a written answer by mail that child care benefits are assigned to those who are on parental leave, and the foster parent is on leave not allowed, because he receives remuneration for his work Questions: 1. Why was the minimum allowance assigned to the first child as for a non-working citizen, and not in the amount of 40% of the salary 2. Why was the allowance removed completely for the second child up to 1.5 years, if the allowance is still required, then in what amount? 3. Why is the allowance denied for up to 3 years if the total amount of benefits is below the subsistence level separately for all family members) 4. Where and with what statements to apply for the recalculation of these benefits. I ask you to clarify this situation on the question of the legality of the actions of the USZN employees. Are the rights of the child infringed in this case? Thank you


Today, hundreds of programs focused on . Despite this, the number of children deprived of parental care does not fall. The way out of this tragic situation can be foster family.

The concept of a foster family

A foster family is a family placement option for an orphan child or a child whose natural parents were. For its formation, the territorial guardianship department creates an act and an agreement.

The status of a foster family is regulated by articles of the Family Code of the Russian Federation 152-155 (), and is accompanied by.

Formation of a foster family

Article 152 of the RF IC strictly spells out the regulations according to which the care program is implemented. The foster family is formed on the basis of agreements. This agreement is signed by the parents-custodians and representatives of the child (guardianship authorities).

The contract specifies:

  1. Responsibilities of parents. Namely, to raise a child, to organize for him quality conditions for life. To exercise leisure, to respect, to help the child adapt to life outside the orphanage.
  2. Guardianship responsibilities. The state department is called upon to control the upbringing and maintenance of a child transferred under the admission program. In this regard, the foster family has the right to payments in 2017: one-time allowance – RUB 16,350.33(for each child), monthly payments (40% from the average salary of a parent for the last year), monthly remuneration to parents for each child under 10 years old - RUB 7,857.64 who has reached the age of 10 8 756 rubles. Guardianship authorities also undertake to provide other social support to the family (the list of benefits is established individually, depending on the capabilities of the region).
  3. Complete information about the child, his birth parents.
  4. Contract time.

Termination of a guardianship agreement is a rare legal practice. But these situations happen. By law, such cases are regulated by Article 153 of the Family Code of the Russian Federation.

So, treaty about the foster family is broken if:

  1. Expired.
  2. Foster parents no longer want or cannot take care of the child - health problems, material support.
  3. The guardianship authorities revised their decision and refused to guardianship of the parents. This happens if the family notices unfavorable conditions for the child to live.
  4. One of the parties to the agreement violated its terms.

Important: if the foster family is ready to take care of a frequently ill baby, with developmental disabilities or a disabled child, then the future place of residence should meet the vital needs of the foster child.

Guardianship is always in the best interests of the child. Therefore, if the child has already reached the age of 10, no contract will be signed without his consent. The interests of younger children are represented by guardianship authorities.

The procedure for the formation of a foster family

We will describe step by step how to take a child from an orphanage or a baby home and create a foster family:

  1. Transfer of the mandatory list of documents to the territorial guardianship authority.
  2. Employees of the department within 3 days will check the submitted documents, enter the information into the database, and inspect the living conditions of the applicants.
  3. Waiting for a decision on the appointment or not appointment of the applicant as a foster parent takes about 10 days from the date of submission of documents.
  4. If the issue is resolved positively, parents receive a referral to orphanages to get acquainted with the child and his personal file. If necessary, the child can undergo additional medical diagnostics.
  5. In case of a positive outcome, the parents write a statement of their intentions to take the child into the family.
  6. Preparation of an act on the transfer of the child to a new family.
  7. Signing an agreement.
  8. Calculation of social payments.

To start the procedure for registering a foster family, you must contact the Department of Guardianship and Guardianship at the place of residence.

List of documents

  • certificate from the place of work of future parents. It should indicate the position, average salary, give a description;
  • information about the composition of the family;
  • documents for an apartment or house (owned by parents);
  • a certificate from the police confirming the absence of a criminal record;
  • health certificate;
  • autobiography;
  • written consent of all family members of the applicant.

Conclusion

Let's define the main points of the article:

  1. Adoptive parents- persons who are ready to help an orphan child or a child whose parents are deprived of parental rights in the upbringing.
  2. When accepting a child into a family, parents must understand that he will retain contact with his relatives and his last name.
  3. The process of registering a foster family is complicated, but the requirements for parents are more loyal, in contrast to the adoption procedure.
  4. Children who have fallen into a foster family and parents who have taken on their upbringing are entitled to material assistance from the state in the form of benefits.
  5. Before starting the registration procedure, the family should evaluate their capabilities and not be guided only by material gain. Foster parents should become his assistants in life, a role model.

The most popular question and answer on foster families

Question: My husband and I are foster parents for an abandoned child from the hospital. What are the legal benefits for foster families? Alina.

Answer: Alina, since the child was placed in a family from a maternity hospital and is abandoned, the number of benefits is much wider than with ordinary adoption. Firstly, all food (up to two years) and medicines (up to three years) are paid by the state. With a court order, you are entitled to a lump sum payment as well as monthly child support.

At the same time, the child retains all rights: he receives housing (the right to housing of biological parents or a new one, from the state), studies free of charge in the same way as orphans. A mother who does not work, but is raising a child, these years are included in the pension experience.

The children themselves receive a large number of lump-sum benefits at various stages of life: when applying for a job, when changing educational institutions. All kinds of content are also saved.

Today, foster parents receive 40% from their weighted average earnings for the year, but not less than 3 minimum wage set for the region.

It has long been customary in Russia to take orphans into families for upbringing. For the adoption of such a child, the family received payments from the state treasury. For some time, this practice lost its scope, but soon it revived again in the form of family-type orphanages. Today, a foster family can be the only chance for a child to grow up as a full-fledged, law-abiding and morally stable citizen.

A whole chapter is devoted to the foster family in the Family Code of the Russian Federation, which contains the main legislatively fixed norms that relate to the rules for registering a child in a foster family, concluding an agreement on the adoption of a child in a family and the conditions for terminating this agreement.

Children who can be placed in foster care:

  • left without parental care;
  • orphans;
  • parents who have been deprived of parental rights, recognized as incompetent, convicted, limited in parental rights, missing;
  • parents who are not known.

Agreement on the transfer of a child to a foster family

In addition to the RF IC, the foster family and everything related to it is regulated by the Regulations on the foster family, the Civil Code and other regulatory documents. The formation of a foster family begins with the conclusion of an agreement between a person who wants to take a child or several children into the family and the guardianship and guardianship authority.

The basis for concluding this agreement is the request (application) of a person interested in creating a foster family and the conclusion of the guardianship and guardianship authority on the possibility for such a person to become a foster parent, as well as the necessary documents.

The agreement on the transfer of a child to a foster family must contain:

  1. conditions of upbringing, maintenance and education of the child;
  2. the period for which the child is transferred to a foster family;
  3. grounds and consequences of termination of the contract.
  4. rights and obligations of adoptive parents;
  5. duties of the body of guardianship and guardianship in relation to the foster family.

Before concluding an agreement, the guardianship authority analyzes the documents submitted by the applicant and examines the living conditions of the latter. The list of documents required for making a decision on the placement of a child in a foster family can be found in clause 7 of the Regulations on the foster family.

After submitting the application and the necessary documents, the guardianship and guardianship authority must decide within twenty days to transfer the child to a foster family or to refuse to transfer. If the future adoptive parent (parents) wants to take a child with poor health (disabled child) into the family, he must indicate this in the application.

Guided by the interests of the child, the guardianship and guardianship authority may issue a written refusal (the documents submitted for the execution of the agreement on the adoption of the child into the family must be returned) to the applicant in the transfer of the child to the foster family, in which case the latter has the right to appeal such a decision in court.

Foster family. Payouts

Individual citizens and citizens who are married can create a foster family. By accepting a child into a foster family, parents acquire the rights and obligations of a trustee (guardian). But unlike guardians (custodians), the adoptive parents (parent) of the child are in a contractual relationship with the guardianship and guardianship body, that is, for the performance of their duties, they receive a certain remuneration and money for the maintenance of the child.

The calculation of amounts for the maintenance of foster children and remuneration for foster parents is carried out for each city individually, based on the possibilities of the city budget and the economic policy of a single local executive authority. For example, consider the remuneration for foster parents and the amount of money for the maintenance of children in Moscow.
By decision of the Government of the Russian Federation, the authority to pay money for the maintenance of children and remuneration to foster parents, as well as foster caregivers, was transferred to the bodies of social protection of the population. The transfer of powers took place on January 1, 2012.

Monthly remuneration to a foster parent or foster caregiver:

  • 25,763.50 for a disabled child;
  • 15,155 rubles for each child.

Funds allocated for the maintenance of children:

  • 15 thousand rubles for a disabled child;
  • 15 thousand rubles for each child when three or more children are raised by one family;
  • 12 thousand rubles per child;
  • 13 thousand rubles for each child being raised, while raising two children.

The amounts of funds for payment of remuneration to foster parents and for the maintenance of children are recalculated quarterly, based on changes in the inflation index and prices for services and goods.

Accounting for expenses for the maintenance of children is carried out by foster parents in writing. Each year, such records are submitted for verification to the guardianship and guardianship authority. Funds that have been saved during the year are not subject to withdrawal from the foster family.
Food products for foster children (children) are purchased in specialized stores, bases that supply educational institutions.

A foster family can have only eight children, this number includes natural, adopted and children under guardianship. Foster parents can be persons who have reached the age of majority, regardless of their gender.

Cannot be foster parents:

  • persons with diseases (in the presence of which it is not allowed to transfer the child to a foster family);
  • persons who were previously adoptive parents, if the adoption is canceled by the court through their fault;
  • persons recognized by the court as partially or completely incompetent;
  • former guardians (custodians) whose guardianship (guardianship) has been terminated for improper performance of the duties assigned to them by law;
  • persons deprived of parental rights by court (limited parental rights).

As in the case with guardianship and guardianship the transfer of a child to a foster family up to 10 years of age is carried out taking into account his opinion, and from the age of ten only with his consent.

As a result of the adoption of a child in a family, hereditary and alimony ties do not arise between him and the adoptive parents. After the transfer of the child (children) to a foster family, he retains the right to alimony, compensation pension and other social benefits. Also, the child retains the right of ownership of the dwelling, which in the future can be obtained from the state. Unlike adopted children, adopted children do not lose their preferential right to receive housing when they reach the age of 18.

It would seem that the state took care of foster families and children transferred to foster parents for upbringing. Before such a child is in the family, future adoptive parents will go through a difficult path of paperwork. To make things easier for yourself, get the help of a family law attorney.Family Law Attorney will not only help to draw up the necessary documents for those wishing to create a foster family, but will also provide invaluable support in the subsequent protection of the rights and interests of both foster parents and a new member of their family.

Asking the right question is already half the answer. Do not add trouble to yourself - entrust your work to professionals.

For a number of reasons, today many children are left without parental care and love. The shelter staff does everything to make the kids feel safe. But no one can replace mom and dad. Adopting children is a great alternative. Little members of society are cared for, and adults can feel the joy of parenthood.

What is a foster family?

One of the most common orphans is the foster family. This is an opportunity for children to feel like full-fledged people and grow up in care and affection. Parents make out only. There is no need to adopt orphans. Depending on the size of the living space and living conditions, you can take in a family from 1 to 4 children. The pupil lives with foster parents until the age of 18.

Family-type orphanages are also common today. This is a slightly different form of custody. Parents receive appropriate payments for the upbringing and maintenance of orphans. In this case, you can take more than 10 children of any age. Kids know that they live in a foster family. Despite this, they receive the same care as other children from their parents.

The foster family is constantly under the supervision of social services. Parents act according to the planned plan. Orphans most often end up in families with certain psychological problems. Foster parents, together with psychologists, do everything to make the child adapt to new conditions.

Features of the foster family

First of all, it is worth remembering that an adopted child in a family has the status of an orphan (as opposed to the adoption procedure). This means that all state benefits and payments remain. Social services can regularly offer vouchers to sanatoriums and recreation centers. In addition, monthly pensions are paid to orphans. Children can stay in the family until the age of majority or until they graduate from a higher educational institution. Further, they are provided with a workplace and a hostel. Children in a foster family come only for a certain period of life. Despite this, foster parents often have a warm relationship with their wards. Many orphans remain to live in the family even at an older age.

The foster family has many responsibilities to the state. Parents receive payments for worthy maintenance and upbringing of children. Adults who choose to take care of orphans need to be trained accordingly. In the future, every 2 years you will have to take retraining courses.

The status of "orphan" is saved?

A foster family is an opportunity to raise children in a narrower circle. Adults (a man and a woman) who decided to take the kids under guardianship act as teachers. But we are not talking about adoption. Children always have the opportunity to communicate with their biological parents if they wish. Very often, babies become orphans with living relatives. Adults who lead the wrong way of life, do not properly care for the child, are deprived of parental rights. The baby is taken to an orphanage. Communication with relatives can stop only if the child is adopted.

Although the foster family cannot forbid contact with blood relatives, meetings with biological parents can be strictly supervised. If possible, such meetings should be avoided. Communication with relatives can be a real trauma for a child. And the psychological health of foster kids should come first.

Is adoption possible?

A foster family is a temporary form of placement for children. The child knows that the parents are not relatives. The most difficult thing is that the baby can be adopted by another family without consent. As soon as there are people who are going to adopt the baby, he can be removed from the register of the foster family.

Children quickly become attached to their other people can be a serious psychological trauma for the child. Fortunately, toddlers at a reasonable age are rarely chosen for adoption. Most often, these are babies up to a year old, who are still little attached to their guardians and quickly adapt to new conditions.

Who can become foster parents?

Education in a foster family can be carried out by adults whose family member exceeds the subsistence level established by law. A man and a woman who are not married cannot be guardians of the same child. The health of people who want to create a foster family is of great importance. Before processing the documents, you must undergo a complete medical examination. People who are registered in a narcological or tuberculosis dispensary cannot accept children.

People who have previously been convicted or deprived of parental rights also cannot create a foster family. The same rule applies to former adoptive parents if the child was returned to the shelter through their fault. If adults meet all the criteria, they should receive appropriate training. The foster family should become a real rear for a child deprived of parental attention.

School education for foster parents

The Foster Parent School is a preparatory stage that enables people to understand whether they can properly raise a non-native child. The program for all such schools is the same. It is approved by the Ministry of Health. During the training, future parents will be informed about the peculiarities of raising kids from orphanages, learn their needs. During training, 20% of adults give up on the idea of ​​creating a foster family. And there is nothing wrong with that. Only people who are confident in their abilities can bring up a worthy citizen. If there is no such confidence, it is not worth starting.

Psychologists work with future parents during training. Adults have many fears associated with future guardianship. Many are afraid that an adopted child in the family will inherit the negative character traits of blood relatives. There is such a possibility, of course. But the right upbringing is very important. If you direct the energy of the baby in the right direction, he will grow up as a full-fledged member of society. In addition, everyone knows that children copy the behavior of adults. It is worth setting a positive example for a small person. And then all the negative traits of character will come to naught.

How to create a foster family?

A foster family is a very serious step. Those who decide on it, initially need to come to the city and write a corresponding application. Next, you will have to collect a package of documents, which will include parents' passports, identification numbers, marriage certificates, health certificates of family members, and a certificate of family composition. Copies of all these documents will also need to be provided.

School education for foster parents is a prerequisite. Appropriate training can also be taken at the regional center of social services. After training, parents have the opportunity to pass the Board of Trustees. It is here that the decision is made whether the spouses are suitable for creating a foster family. If all is well, the adoptive parents can choose children to raise (from 1 to 4, depending on the decision of the Board of Trustees). Within a few days, the final legal stage of paperwork is carried out.

Social support

The state undertakes to constantly provide social support to foster families. Each family is assigned an appropriate employee who regularly visits the family and communicates with the children. This makes it possible to understand whether the adopted child feels good in the family, whether he receives the necessary care and attention from adults. Psychological support is provided to parents and children. There is always an opportunity to seek qualified help.

Once every two years, foster parents, families with adopted children take courses to increase the educational potential of adults. Specialists in psychology, pedagogy, and medicine are involved in the training. Parents should not only surround the kids with love and affection, but also know how to behave correctly in a given situation, how to provide first aid.

Parents who have adopted an HIV-infected child deserve special attention. Such children can be placed in a foster family only with the consent of adults. At least once a year, you will have to undergo training in caring for sick babies. For the upbringing of HIV-infected children, additional benefits are provided to foster families.

Responsibilities of adoptive parents

Foster parents act as legal representatives of children in organizations and enterprises. Adults are responsible for the life and health of adopted babies. The mental and physical development of children in foster families also falls on the shoulders of adults. A man and a woman who decide to create a foster family must do everything so that the child becomes a full-fledged member of society. The kid goes to study in a secondary educational school. Parents make sure that there are all conditions for normal mental development.

Foster parents have the right to apply pedagogical methods of education, punish the child for disobedience, and encourage him. Methods of education are necessarily discussed with social workers. What absolutely cannot be done is to raise a hand against foster children, even for educational purposes.

Rights and obligations of children in foster families

For children deprived of parental care, when they get into a foster family, all state guarantees and benefits are fully preserved. They have the opportunity to receive alimony and pensions that were previously assigned. Foster parents can receive financial assistance for children. Social services make sure that this money goes to meet the needs of children. For the normal development of orphans, a foster family has been created. Payments can be transferred to an account opened by guardians in a bank.

Children from foster families have the right to meet with blood relatives, unless prohibited by the court. But this is rarely practiced. Most often, babies end up in shelters whose mother and father have died or have been deprived of parental rights.

Adaptation of a child in a foster family

Most parents take care of small children who easily adapt to new conditions. With an adult child, the situation may be somewhat different. In the early days, a new family member may be quiet and obedient in everything. It takes no more than a week and the child stops listening to his new parents. It is important to immediately show who is the boss in the house. No need to be afraid to make a remark to a new family member.

The adaptation of babies in foster families usually takes several months. If the child has reached school age, it is better to take him into the family at the beginning of the summer holidays. At this time, adults will be able to spend more time with a new family member, they will be able to make it clear to him that they will not offend anyone here.

Payments and benefits

The foster family (2014) is fully provided financially by the state. Parents receive an allowance equal to three times the minimum wage for each child. The time spent by the baby in the family is included in the total length of service. This means that foster parents can also count on a decent pension.

Children in the family have the status of orphans. They also receive appropriate benefits. Foster parents can manage the money in the interests of the child.

The foster family has many benefits. Payments in 2014 make it possible to fully provide the child with clothing and food. Additionally, children can be offered vouchers to health resorts and rest homes.

Summing up

A foster family can be a great alternative to adoption. Children with the status of "orphans" will always be dressed and shod, parents will be able to surround them with attention and care. But before creating a foster family, you should think a few times. The goal should not be income from the state, but the desire to educate full-fledged members of society who, for a number of reasons, were deprived of the love of their parents.