Foster family - what is it? What is a foster family in the legal field? Foster family What does it take to become a foster parent

Photo: Press services of the Mayor and the Government of Moscow. Denis Grishkin

By November 2016, more than 90 percent of the capital's orphans and children left without parental care have already been placed in new families. the site tells what benefits new dads and moms can count on, how adoption differs from guardianship, and how to take a child into a family.

The number of Muscovites who are not indifferent to the fate of children from orphanages is increasing every year. The number of foster families in just nine months of 2016 increased by 4.3 percent - from 2537 to 2646 families, and 240 children found a new home in foster families.

Over the past six years, the number of orphans and children left without parental care who have found a new family has increased by 48 percent.

Centers for the promotion of family education

All boarding schools, orphanages and children's homes, as well as boarding schools for mentally retarded children in Moscow, by the end of 2015, were transformed into centers for the promotion of family education. Here, residents can communicate with their children, learn how to arrange guardianship or patronage, become foster parents or adopt children.

In Moscow, there are 31 state centers and 7 more private institutions for orphans and children left without parental care. At the same time, the number of children brought up in them has decreased by 20 percent since the beginning of 2016 - from 2473 to 1980 people. Basically, these are children over 10 years old and with disabilities, including those suffering from Down syndrome. In general, over the past six years, the number of pupils in boarding schools has more than halved.

More than 18.7 thousand children are brought up in foster families. The most common form of family placement is gratuitous guardianship (guardianship), followed by adoption, a foster family.

guardianship and guardianship

Now there are 7.6 thousand guardian families in the city, in which almost 8.6 thousand children are brought up.

Adult capable citizens, most often relatives of children, become guardians and trustees. At the same time, the moral qualities of a person and the desire of the child himself are taken into account.

Guardians are appointed for minor citizens under 14 years of age. They become legal representatives and can act on their behalf, undertake to raise children, educate them, care for and protect their interests. When the child turns 14, the guardian becomes the trustee. Guardianship ends when the foster child turns 18 or when he or she gets married.

Guardians (custodians) are paid money for the maintenance of the child, support is provided in organizing his education, recreation and treatment.

Living with guardians, the child can, if desired, see blood relatives. But it will not be possible to change the surname or date of birth of children during guardianship.

Adoption (adoption)

Since the beginning of the year, 187 children have been adopted in Moscow. In total, there are now more than 5.1 thousand families in the city, where 5.7 thousand adopted children are brought up.

Upon adoption, persons who have adopted a child into their family acquire all parental rights and obligations. Adoptive parents give the child their last name and raise it as their own.

The age difference between the future parents and the child must be more than 16 years. Only able-bodied citizens who do not have a criminal record under serious articles can become adoptive parents, provided that they have housing and the necessary income. Children will not be placed in families where parents use alcohol or drugs, are carriers of infections, suffer from mental illness, or have previously lost parental rights or have been removed from their duties as a guardian.

foster families

In the nine months of 2016, 109 foster families appeared in the capital, in which 240 children were taken. In total, there are 2.6 thousand foster families in the city. 4412 children are brought up in them.

Such a family is created under an agreement concluded with the guardianship and guardianship authorities. Foster parents become the legal guardians of the child and his legal representatives. But unlike ordinary guardians, they receive remuneration for their services.

Both married couples and single citizens can become parents. The main thing is not to have serious illnesses and convictions, not to use drugs and alcohol, and also to be able to provide the child with everything necessary for life and study.

Learn to be a parent

Spouses who want to adopt or take custody of children can get specialist advice at foster parents' schools. Here they will tell you what documents you need to prepare, what benefits you can count on, how to help the child adapt to a new family and avoid conflict situations, as well as how to educate children with disabilities.

Today there are 57 schools for foster parents in the city. Only in the first nine months of this year, 2,637 people were trained in them. Another 54 organizations support foster families. Accompaniment agreements have been concluded with 1149 families where 1754 children are being brought up.

Social payments to families with orphans and children left without parental care

When a child is transferred to a family for upbringing, the capital's social security authorities pay a one-time allowance provided for by Federal Law No. 81-FZ of May 19, 1995 “On State Benefits for Citizens with Children”.

The allowance is paid for all forms of family placement of children left without parental care (adoption, establishment of guardianship (guardianship), transfer to foster care). The amount of the allowance is:

- for persons who have adopted a disabled child, a child over the age of seven, as well as children who are brothers and (or) sisters - 118,529 rubles 25 kopecks;

- for persons who have adopted an orphan child, a child left without parental care, in a foster family or under guardianship (guardianship), as well as for persons who have adopted an orphan child, a child left without parental care, who is not disabled, a child under seven years or a child not adopted at the same time as a brother (sister) - 15,512 rubles 65 kopecks.

Last year, the allowance was paid for 2,304 children placed in foster families, including the parents of 106 children who received the maximum amount of the allowance. Since the beginning of this year, parents of 1,855 children have received it. Families of 100 children - 118.5 thousand rubles each.

In addition, families receive a monthly payment from the capital's budget. From January 1 of this year, the amount of monthly allowances for orphans and children left without parental care, who are in the families of guardians, trustees, foster parents, foster caregivers, as well as the monthly compensation payment to persons who adopted in the city of Moscow after January 1, 2009 for an orphan child or a child left without parental care is increased by 10 percent and ranges from 16.5 thousand to 27.5 thousand rubles a month, depending on the age, number of children and their state of health.

Since January 01, the amount of the monthly remuneration paid to foster parents (foster caregivers) has also been increased.

Foster parents and foster caregivers receive monthly remuneration in the amount of 16.7 thousand rubles for each foster child, and the payment for a disabled child has been increased to 28,390 rubles. At the same time, in families with one or two children, only one of the parents receives payments, and when raising more than three children, the monthly remuneration is due to both spouses for each child.

The one-time compensation payment for reimbursement of expenses in connection with the adoption of a child in Moscow depends on the order of adoption of children and amounts to 76.9 thousand rubles, 107.7 thousand rubles or 153.8 thousand rubles.

In addition, the city reimburses families for the cost of housing and communal services and telephone, provides free travel on public transport. Children are provided with holiday vouchers every year, and once every two years they can relax with their foster parents. Also, since 2014, foster families have been compensated for part of the cost - up to 45 thousand rubles - of self-purchased vouchers.

After reaching the age of majority, orphans or children without parental care, who do not have a dwelling assigned to them, are provided with housing that meets established social standards.

New family - new home

Since 2014, a project has been launched in the capital to provide financial support to families who have adopted older orphans and (or) disabled children.

Families that have adopted at least five orphans, three of whom are over 10 years old and (or) disabled, receive housing for a comfortable living of a large family. The area of ​​a house or apartment is calculated at a rate of 10 to 18 square meters for each family member (parents, their own minor children and adopted children).

If the spouses have been married for at least three years and successfully pass psychological diagnostics, then an agreement is concluded with them for the free use of residential premises for 10 years. After this period, the family has the right to receive an apartment under a social tenancy agreement.

The project participants were 34 foster families, to which 203 children were transferred. Of these, 63 children are disabled, 93 children are over 10 years old.

Truly a family bonus

For a significant contribution to the development of the family structure, residents and organizations are awarded the "Stork Wings" award. The laureates receive a commemorative sign - a figurine depicting a flying stork and a child.

Natalia's family became the laureates of the "Stork Wings" award in one of the most significant nominations "To Adoptive Parents, Guardians (Trusters), Foster or Foster Families for a Special Personal Contribution to the Development of the Family Placement of Orphans and Children Left Without Parental Care in the City of Moscow" and Valery Zhuravlev. They are raising three biological and 15 adopted children, six of whom have Down syndrome. At the same time, the spouses assisted in the transfer of 38 more children with this diagnosis to other families.

And the award among public organizations was received by the St. Sophia Orphanage, which became one of the first non-state orphanages in Russia for people with disabilities with severe multiple developmental disorders. Now there are 22 children in it. Employees are looking for their families. And those who remain in this institution will be taken care of even after they come of age.

Here, children have opportunities not only for learning, but also for social adaptation - volunteers help them with this.

This year there is a new nomination - "Person". The award in this nomination is awarded for a special personal contribution to the development of the family structure. It was received by Doctor of Psychology, Professor of the Department of Psychological Anthropology at Moscow State Pedagogical University Galina Semya.

Not all categories of citizens may be able to take a child into a family for upbringing or become foster parents. Article 153 of the Family Code (SC) establishes the requirements for those persons who wish to adopt or adopt a child, while the direct selection of adoptive parents must comply with the requirements established in paragraph 2 of Article 146 of the SC. Let's take a closer look at this in our article.

Adoptive parents


The main requirement that applies to persons wishing to become foster parents is that they must be of age, that is, reach the age of eighteen.

Foster parents may or may not be married. They should be able to raise children and create conditions for their all-round development.

Paragraph 1 of Article 153 of the UK establishes a ban for certain categories of citizens to be foster parents. This applies to persons whose ability to ensure proper family upbringing of children is, for objective reasons, serious and weighty doubts.

These categories of citizens include, firstly, citizens who have been declared legally incompetent due to a mental disorder, as a result of which they cannot understand the meaning of their actions or control them, or who have limited legal capacity due to the abuse of alcohol or drugs, in connection with which they put their own family in a difficult financial situation.

Persons deprived of parental rights by a court or limited by a court in parental rights, as well as persons removed from the duties of a guardian (custodian) for improper performance of the duties assigned to them by law, that is, when they use guardianship (guardianship) in selfish purposes, leaving the ward without supervision and necessary assistance, etc.

Former adoptive parents cannot adopt a child again if the adoption is canceled by the court due to their fault, for example, when:

  • evasion of adoptive parents from fulfilling the duties of parents assigned to them;
  • abuse of parental rights;
  • ill-treatment of adopted children, if the adoptive parents are ill with chronic alcoholism or drug addiction.
Persons who, for health reasons, cannot fulfill the duties of raising children, cannot become adoptive parents. The list of diseases in the presence of which a person cannot take a child to be raised in a foster family (approved by Decree of the Government of the Russian Federation of 01.05.1996 No. 542) includes the following:
  • tuberculosis (active and chronic) of all forms of localization in patients of I, II, V groups of dispensary registration;
  • diseases of internal organs, nervous system, musculoskeletal system in the stage of decompensation;
  • malignant oncological diseases of all localizations;
  • drug addiction, substance abuse, alcoholism;
  • infectious diseases before deregistration;
  • mental illness in which patients are recognized in the prescribed manner as incapacitated or partially incapacitated;
  • all diseases and injuries that led to disability of the I and II groups, excluding the ability to work.
A citizen wishing to adopt a child must undergo a medical examination in accordance with the Regulations on the medical examination of citizens wishing to become foster parents, approved by Order of the Ministry of Health of the Russian Federation dated September 10, 1996 No. 332.

An examination, if necessary, an additional examination, is carried out in a healthcare institution at the place of residence of the candidate. The medical report is prepared on the basis of the examination, as well as data from the outpatient's medical record. The conclusion of the specialist who carries out the examination of the citizen (s) is confirmed by the signature of the head of the medical institution and the official seal.

The same order also approved the form of a medical report based on the results of an examination of a citizen (citizen) who wants to become a foster parent:

The "Medical report" form is issued to each candidate in the hands of the guardianship and guardianship authorities. After filling in and processing in accordance with the established procedure in a healthcare institution, the "Medical report" is returned to the guardianship and guardianship authorities.

In the "Conclusion" column, the word "revealed" or "not detected" is underlined, which means the presence or absence of diseases specified in the List.

The results of the medical examination are valid for 3 months.

Selection of adoptive parents


According to paragraph 2 of Article 153 of the UK, the selection of adoptive parents is carried out by the guardianship and guardianship authorities.

In accordance with paragraph 7 of the Regulations on the foster family, approved by Decree of the Government of the Russian Federation of July 17, 1996 No. 829, persons wishing to take a child (children) to be raised in a foster family submit an application to the guardianship and guardianship authority at their place of residence with a request for an opinion about being foster parents.

The application must be accompanied by:

  • a certificate from the place of work indicating the position and salary, or a copy of the income statement certified in the prescribed manner;
  • a document confirming the availability of housing (a copy of the financial personal account from the place of residence and an extract from the house (apartment) book for tenants of residential premises in the state and municipal housing stock or a document confirming ownership of the residential premises);
  • a copy of the marriage certificate (if married);
  • medical certificate of a medical institution on the state of health of a person who wants to take a child to be raised in a foster family.
A person applying for an opinion on the possibility of being a foster parent must present a passport, and in cases provided for by the legislation of the Russian Federation, another document replacing it.

In order to prepare an opinion on the possibility of being foster parents, the guardianship and guardianship authority draws up an act based on the results of a survey of the living conditions of persons wishing to take the child to be raised in a foster family, and within 20 days from the date of submission of the application with all the necessary documents, prepares an opinion on the possibility of applicants to become foster families. parents.

The conclusion of the guardianship and guardianship authority on the possibility of the applicants to be foster parents is the basis for the selection of a child for the purpose of transferring him to a foster family. A negative opinion and the refusal based on it to conclude an agreement on the transfer of a child to foster care shall be brought to the attention of the applicant by the guardianship and guardianship body within 5 days from the date of the decision. At the same time, all documents are returned to the applicant and the procedure for appealing the decision is explained.

The conclusion of the guardianship and guardianship authority on the possibility of specific persons to be foster parents gives them the right to select children from educational institutions, medical institutions, social protection institutions and other similar institutions in the direction of the guardianship and guardianship authority to visit the child at his place of residence or location.

The administration of these institutions is obliged to acquaint persons wishing to take a child to be brought up in a foster family with the child's personal file and a medical report on his state of health.

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A foster family is one of the types of guardianship and guardianship of orphans and children left without parental care (there is also actually).

The difference between a foster family and simple guardianship (guardianship) is that the child is taken into the family on a reimbursable basis. With such a placement of a child in a family, a fixed-term agreement on a foster family is concluded between the guardianship and guardianship authority and the foster parent (parents) (relations arising from the conclusion of such an agreement are regulated not by the Labor Code, but by the Civil Code). The period of stay of the child in a foster family is determined by the contract.

A foster family cannot have more than 8 children, including relatives and adopted children. At the same time, brothers and sisters can be brought up in a foster family only together, except in cases where separate upbringing serves their interests.

To gain access to the full personal data of children, you will need to answer the questionnaire and provide an identity document and a conclusion on the possibility of being a guardian or trustee (or a conclusion on the possibility of being an adoptive parent).

When you select a child, you will be given a referral to visit him.

4. How is the meeting with the child going?

You are obliged to meet with the child in the presence of a child protection specialist of the guardianship and guardianship authority. In addition, you must show all the documents of the child.

The fact of familiarization with his medical report is confirmed in writing. You also have the right to go to a health facility for an independent medical examination of your child. An employee of the guardianship authority must be present at the medical examination.

After meeting with the child, you need to inform the operator of the guardianship authority that you are ready to take the child into custody (guardianship), then you will be issued the act of appointing you as a foster parent.

5. How to conclude a foster care agreement?

Within 10 days after the act of appointing you as a foster parent is issued to you, the guardianship and guardianship authority for the future place of residence of the child must conclude an agreement with you on the foster family containing information about the child or children who are being raised in a foster family (name age, health status, physical and mental development). It should also indicate: the duration of the contract, the conditions for the maintenance, upbringing and education of the child or children, the rights and obligations of foster parents, the rights and obligations of the guardianship and guardianship authority in relation to foster parents, the amount and frequency of monetary remuneration, as well as the grounds and the consequences of terminating the contract.

 In the event of a change in the place of residence of the child, this agreement will need to be terminated and another one concluded - with the guardianship and guardianship authority at the new place of residence of the child.

6. Will someone monitor how the child is raised?

Yes. After you take a child to be raised in a foster family, the guardianship and guardianship authorities will check the conditions in which he lives and is brought up. Checks include an assessment of the child's living conditions, his state of health, appearance and hygiene, emotional and physical development, self-care skills, family relationships, and the family's ability to provide for his developmental needs. Scheduled inspections are carried out:

  • within the first month after the transfer of the child to the family - 1 time;
  • within a year after the transfer of the child to the family - 2 times;
  • during subsequent years - 1 time in 6 months.

In addition, if complaints are received about non-performance or improper performance by foster parents of their duties, the guardianship and guardianship authority may conduct an unscheduled inspection.

Also, foster parents must annually submit to the guardianship and guardianship authority a report on the expenditure of funds allocated for the child and the state of his property.

7. What payments can you expect?

You can count on the following types of financial support:

  • a one-time allowance for the transfer of a child to be raised in a family.
  • funds for the maintenance of a child under guardianship (guardianship) or transferred to a foster family;
  • monthly compensation for reimbursement of expenses for payment for housing and utilities and for the use of a telephone in a residential building in which the ward or children transferred to a foster family actually live for foster care;
  • monthly compensation payment to certain categories of children left without parental care.
  • monthly remuneration to foster parents, foster caregivers.

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 carry out 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 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.