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How to take a child to foster care. What is the difference between parenting and foster care

Patronage and patronage are such consonant concepts that it seems as if they are different pronunciations of the same word. However, it is not. Let's delve into the meanings of these terms in order to notice their fundamental differences.

In dictionaries: patronage and patronage

Similarities and differences between these two words can be found by opening dictionaries:

However, the same Ozhegov's dictionary confuses us, arguing that patronage = patronage = guardianship are synonymous words, their replacements are equal.

The conclusion from this can be drawn as follows: what these concepts have in common is patronage on the part of a person or group of persons. But its goals are different - in patronage they are social, while in patronage they tend to be medical. Consider the differences between words in this vein.

Patronage and patronage: what is the difference

Here we should consider these terms in line with patronage, guardianship and guardianship:

Let's analyze each term in more detail.

All definitions of "patronage"

The meaning of the word "patronage":

  • in legal science: a special kind of guardianship and guardianship;
  • in medicine: sanitary and educational, preventive measures carried out by a medical worker at the patient's home;
  • in politics: providing any favorable conditions to a member of a particular political party;
  • in agriculture: commercial guardianship, sponsorship of a livestock animal or a perennial fruiting plant.

Legal patronage - guardianship over an adult citizen does not overlap with medical care, where a newborn may also be in need of help. The patronage service also operates within the framework of the first.

Features of legal patronage

The request for such guardianship necessarily comes from the citizen himself. According to his application, the social service appoints an assistant (trustee) to the needy. If the candidacy of the latter does not suit the applicant, then he may reject such an appointment. Otherwise, between these two persons, an agreement, an agreement of trust management, instructions are concluded.

In order for the trustee to make household or any other transactions on behalf of his ward, the consent of the latter is necessary. At the same time, the patronage service, guardianship and guardianship authorities carefully monitor the conscientiousness of their employee.

The trust management agreement is legally terminated in a number of certain cases:

  • trustee's request
  • the initiative of the ward;
  • improper performance of their duties by an assistant;
  • the death of one of these persons.

Speaking about patronage and patronage - what is the difference between them - it is important to note the varieties of the latter concept.

Varieties of patronage

Types of patronage can be as follows:

  • over the elderly - this includes the services of a nurse helping citizens weakened by age-related diseases;
  • over the disabled - supervision of a doctor or nurse, carrying out the necessary procedures by these health workers;
  • for a mentally ill person - the help of a psychiatrist or a nurse working in a psycho-neurological dispensary, a family where a citizen suffering from a mental disorder lives;
  • over children - active monitoring of children with poor health;
  • on a newborn - supervising the baby, monitoring his condition, diagnosing developmental abnormalities, diseases;
  • over a pregnant woman - active support for a pregnant woman by a nurse at the antenatal clinic, a gynecologist-obstetrician;
  • prenatal patronage (antenatal) - a school for future parents.

Patronage, guardianship, adoption

Patronage is a concept that is different not only from patronage, but also from adoption and guardianship.

Differences with adoption:

  • the child does not have family obligations and rights in relation to the patronage-educator;
  • the child retains all payments and benefits as left without parental care: monthly payment for maintenance, non-competitive admission to a university, housing upon reaching 18 years of age;
  • the legal relationship between the child and the educator ends with the termination of the patronage agreement.

Difference with guardianship: patronage is a reimbursable agreement. The educator concludes a civil contract with the body of guardianship and guardianship, according to which he receives a monthly remuneration in the amount established by the regional authorities.

Patronage: features of the type of guardianship

Talking about patronage and patronage (what is the difference between these concepts, we figured out), it is necessary to touch on the key features of the first term:

  • a patronage agreement can be concluded in the regions of the Russian Federation where, after September 1, 2008, acts regulating the formation of foster families were issued or updated;
  • the child can be placed in a family for a while - until he needs such rehabilitation, or until such time as permanent guardians are selected;
  • requirements for educators are less stringent than for adoption;
  • before the patronage, the educator is obliged to undergo special training;
  • strict, scrupulous control over the costs of payments due to the child, over the patron himself;
  • contacts with biological relatives and parents of the child are obligatory;
  • the contract implies the existence of additional requirements and agreements, as well as the possibility of obtaining benefits, special one-time payments.

About social patronage

Social patronage is the supervision of dysfunctional families in which there is a risk of violation of the rights of the child, as well as the promotion of his normal development and upbringing. At the same time, social services seek to preserve the right of children to stay and be raised in a family.

Social patronage is the following principles:

  • observance of the right of the ward family to autonomy, taking into account its unique experience;
  • competence, preventiveness, legality, confidentiality;
  • taking into account the needs of the family.

Social patronage pursues the following goals:

  1. Various social assistance to families in need.
  2. Orphanhood prevention.
  3. Prevention of termination of parental rights.
  4. Support for the child, creating optimal conditions for his development, social adaptation.

The reason for social patronage may be an application from a child over ten years of age or from his legal guardian.

We have analyzed what patronage and patronage are, what is the difference between them, how they are similar. We hope that this article has helped you understand the nuances of guardianship and guardianship of children and adult citizens.

Foster care is one of the types of guardianship over orphans and children left without parental care (there is still actually).

You can apply for patronage when other forms of placing a child in a family cannot be applied.

Transferring a child to foster care (post-boarding patronage) is not possible in every subject of the Russian Federation. In Moscow, this form of arrangement (education) of a child is possible.

Foster caregivers, like guardians (trustees), are also legal representatives of children, they have the same rights and obligations, but an agreement with them is concluded only on a reimbursable basis and for a shorter period - at least 3 months and no more than a year (in the interests of children may be extended).

The difference from guardianship (trusteeship) also lies in the fact that foster caregivers and children who find themselves with them are provided with special professional advisory, legal, psychological, pedagogical, medical and social assistance.

Remember that siblings can only be placed in foster care together, unless it is in their best interest to raise them separately.

2. Who can take a child into custody?

An adoptive parent may be a capable citizen who has reached the age of 18, who wishes to take the child into care and Legally capable adult citizens may establish guardianship (guardianship) over an orphan child or a child left without parental care, with the exception of:

  • deprived (limited) of parental rights;
  • guardians (custodians) removed from their duties;
  • former adoptive parents, if the adoption is canceled due to their fault;
  • having an unexpunged or outstanding conviction for grave or especially grave crimes;
  • who have or had a criminal record, are or have been subjected to criminal prosecution (with the exception of those in respect of whom criminal prosecution was terminated on rehabilitating grounds) for crimes against life and health, freedom, honor and dignity of a person (with the exception of illegal placement in a psychiatric hospital, slander and insults ), sexual inviolability and sexual freedom of the individual, against the family and minors, public health and public morality, as well as against public safety;
  • having diseases that prevent adoption: tuberculosis of the respiratory organs (groups I and II of dispensary observation), infectious diseases, drug addiction, substance abuse, alcoholism, mental or behavioral disorders, malignant neoplasms of any localization of stages III and IV (malignant neoplasms of any localization of stages I and II - only after radical treatment), disability group I;
  • who are in a union concluded between persons of the same sex, recognized as a marriage and registered in accordance with the laws of the state in which such a marriage is permitted, as well as being citizens of the said state and not married;
  • not trained (training is not required for close relatives of children).
"> requirements for guardians (trustees).

In addition, the adoptive parent must pass and receive. If you have one, that will work too.

Unmarried people cannot have custody of the same child.

3. How to find a child?

If you do not yet know which child you want to take under guardianship (for guardianship), you must first familiarize yourself with the database of orphans.

You can view profiles of children left without parental care online. Now in the regions there are territorial data banks on orphans (in Moscow this is the usynovi-moskva.ru portal), in addition, there is a federal bank. On electronic resources, you can get acquainted with photographs of children, a brief description of their character, learn about their state of health, as well as about which orphanage they are in - thus, in the future you can contact the right institution directly.

With a request to pick up a child, you can apply immediately to.

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 caregiver.

5. How to conclude an agreement on foster care?

Within 10 days after the adoption of the act on the transfer of the child to foster care, you must conclude an appropriate agreement for a period of 3 months to a year, which is signed in the guardianship and guardianship authority at the place of residence of the child.

The document indicates the rights and obligations of all parties - the guardianship and guardianship organization, the family accompaniment organization and the foster care provider, as well as the amount of remuneration and the method of payment (under the foster family agreement, at the expense of income from the property of the ward, at the expense of the Moscow budget, for third party account).

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

6. How to choose an accompanying organization?

Foster caregivers and their pupils are provided with professional advisory, legal, psychological, pedagogical, medical and social assistance by a special family support organization.

The foster family is a legal relationship in which the child is transferred to the upbringing of a citizen who has concluded an appropriate employment contract with the guardianship authorities. An adult, able-bodied Russian citizen who is ready to protect the rights of children taken in for upbringing can become a foster parent.

and patronage. The first two variants of legal relations arise in relation to children included in the database of orphans. The third form is applicable to those who, for a number of reasons, cannot be included in this register.

In fact, patronage is one of the varieties of paid guardianship of minors. Its meaning lies in the definition of children who find themselves in difficult living conditions in a non-native family. At the same time, the baby receives not only parental love, but also professional help from psychologists, teachers, and doctors.

The regulatory framework for the activities of citizens in the field of guardianship and guardianship is Federal Law No. 48-FZ of April 24, 2008 “On Guardianship and Guardianship”. Since the legislator did not consider it necessary to describe in detail what patronage is, the nuances of the relevant legal relations are now detailed by regional acts. At the same time, education in a non-native family is carried out only under the conditions of permanent supervision of the competent authorities over the quality of life of the child.

The work carried out by the guardianship authorities consists of:

  • identification of children in need of social rehabilitation and placement in a foster family;
  • selection and training of citizens who are able to raise non-native children as their own;
  • accompanying the foster family, providing support to its members;
  • intervention in the educational process for the speedy adaptation of a minor;
  • termination of patronage in situations stipulated by law.

Children left without parental care (convicted, recognized by the court as incompetent, deprived of parental rights, evading the upbringing of offspring) are usually transferred to foster care.

More than 8 people cannot live in a foster family (clause 3 of the “Rules for creating a foster family”, approved by Decree of the Government of the Russian Federation No. 423 of May 18, 2009). Relatives and adopted (adopted) children are taken into account. However, the normative act contains the clause “as a rule”, which allows to bypass this limitation in practice.

Download for viewing and printing: Decree of the Government of the Russian Federation No. 423 dated May 18, 2009 “On Certain Issues of Guardianship and Guardianship in Respect of Underage Citizens”

The task of the foster family is to adapt children to life in society, reveal their abilities, increase self-esteem, take care of physical and mental health. At the same time, not only educators are involved in the educational process, but also the orphanage/baby home, as well as territorial guardianship authorities.

The main advantage of such legal relations is the opportunity for a minor to live in a family, and not in a "state" institution, to be loved, to learn to love loved ones and take care of them. In addition, among the positive aspects are the professional assistance of the orphanage staff, regular payments for maintenance, the preservation of all benefits due to children left without parental care, as well as communication with blood relatives.

Foster care and foster family: differences

Both forms of placement of a non-native child in a family imply legal relations of paid guardianship. In other words, in both situations, an agreement is concluded with foster parents or educators, they receive a monthly salary for their work, this period is counted in the total length of service.

The differences are as follows:

  1. the patronage agreement is concluded and controlled at the regional level, it is less detailed;
  2. less stringent requirements apply to educators than to foster parents (there is no qualification for age, financial situation);
  3. in a foster family, parents are responsible for children, in a foster family, educators together with the orphanage and guardianship authorities;
  4. Foster care is a temporary form of child care that may develop into a legal relationship of guardianship or adoption.

Seen by some as a chance to "take a closer look" at the role of a parent, patronage is designed for a very different purpose. This legal status initially implied the idea of ​​establishing a kind of institution of "professional" parents-educators who could take on the role of organizers of family orphanages.

Unfortunately, due to the lack of an adequate regulatory framework and the mentality of Russians, who often think in terms of “friend or foe” and do not accept the idea of ​​education for money, patronage has not become widespread: today it accounts for less than 1% of all cases of guardianship of minors.

Who becomes a foster caregiver?

Since patronage was originally conceived as professional assistance to those in need, to persons wishing to enter into these legal relations, there are certain requirements:

  • reaching adulthood;
  • legal capacity;
  • legal capacity;
  • good health;
  • good living conditions;
  • no problems with the law;
  • undergoing compulsory education.

It is not necessary to be married, the lack of a highly paid job is not an obstacle to obtaining patronage, but the presence of a pedagogical or medical education is welcome. However, if there is a desire to give your warmth and care to the kids, you will be able to get this status. For success in this endeavor, it is necessary to learn how to combine the duties of a caring parent and a strict but fair educator, which not everyone succeeds.

Patronage as a type of guardianship and guardianship gives the educator rights identical to the rights of the legal representatives of adopted children.

Among the additional duties of the educator are:

  • monitoring the psychophysical state of the ward, the immediate solution of his problems;
  • constant cooperation with the orphanage;
  • reasonable use of the monthly allowance;
  • drawing up a report on the expenses incurred in the prescribed form.

How to create a foster family?

For official placement as a foster caregiver, it is necessary to submit an application to the guardianship authorities. It specifies:

  • Full name of the citizen, his passport data;
  • information about family members living with the applicant;
  • data on the absence of circumstances referred to in the Family Code (clause 1, article 146): unexpunged / outstanding conviction, deprivation of parental rights, entry into a same-sex marriage, lack of basic training (article 127 of the RF IC);
  • information about the amount of the pension (if any).

An autobiography, a certificate from the place of work indicating the salary, the result of a medical examination, a copy of the marriage certificate (if any) are attached to the completed application.

It is allowed to accept a child into a foster family only with the written consent of all its members, including children over 10 years old.

The application is considered by the guardianship authority within a few weeks. In this case, most of the time is spent on checking the correctness of the information provided. If everything is in order, a positive decision will be made within 3 working days after receiving all the necessary information.

The contract prescribes the scope of responsibility of each of the three parties, as well as the delimitation of powers in the event of certain situations.

In addition, the material side of the issue is exhaustively covered. The salary of an educator is determined, which is not lower than 3.5 minimum wages for each ward. According to the Labor Code of the Russian Federation, the educator is paid sick leave (for himself and the ward), and annual leave is provided and paid.

Small monthly payments - 180 rubles each - are laid on children taken for upbringing. For some categories - abandoned, abandoned, left in the hospital - monthly compensation is additionally assigned.

Children living in a foster family, in accordance with regional acts, are provided with certain benefits. For example, they are provided with clothes, shoes, household items free of charge. Schoolchildren are entitled to free meals. At a discount, you can visit various cultural events.

Also, the contract must contain other significant conditions - the terms, the procedure for the stay of children in patronage, the grounds for terminating the agreement.

Any state is obliged to deal with issues of assistance to children who have been deprived of the main thing in their life - the love and care of their parents - by various unfavorable circumstances. To date, there are three types of such assistance, which are officially called guardianship, adoption and patronage. If the first two concepts are more or less familiar to the average layman, then the latter often causes misunderstanding and many questions.

What is patronage

Patronage is an institution that deals with the placement of children in a family who cannot be adopted or. These are the children who, for various reasons, cannot be registered in the database of orphans. According to existing legislation, only children who are complete orphans and children whose parents are alive but deprived of parental rights or abandoned them are included in such a database. But there are times when a child has parents, or at least one of them, but for some reason they do not pay due attention to the upbringing and care of the child. It is then that patronage comes to the rescue as a form of guardianship that provides temporary shelter for children from problem families until the parents solve their problems. For this, the child is temporarily given to a family of foster parents, where he stays until his own parents can provide him with proper living and upbringing conditions. During the entire time the child stays in such a family, social service professionals look after him, and the state provides him with everything necessary.

Features of patronage

Patronage is usually of two types - short-term and long-term. Short-term patronage is considered to be, which lasts from one day to six months. Guardianship of a child for more than six months is referred to as long-term patronage. It should be noted here that children can be under the age of majority. But even with the onset of adulthood, they are not expelled, but can continue to live in a family and, by its example, see what a family and family life should be like, learn to help loved ones in difficult situations. The system of foster care does not establish strict requirements for the age of foster parents, their income or living space, since the state is in charge of providing the child with everything necessary.

In order to be able to take a child to, there are some requirements.

  • Only adults without a criminal record and restrictions (full and partial) in legal capacity can be educators.
  • These cannot be people deprived of parental rights or having restrictions in them, as well as people who in the past, due to their own fault, were deprived of the status of a guardian or adoptive parent.
  • Foster parents must have a permanent residence permit and housing in a normal, not emergency condition.
  • Potential candidates should also pay attention to the fact that the family must have at least one other source of income in addition to the salary of the foster carer.
  • must undergo preliminary training on the study of their rights and obligations.

Assistance in raising a child by foster parents may also be needed in cases where the child still lives with his parents, but for various reasons they cannot cope with his upbringing, or one of them is seriously ill, and the other cannot raise the child properly.

This situation is dealt with by social patronage, when the foster caregiver visits the child several times a week, helps to educate him and solve important social problems. Such an educator can be entrusted with up to five pupils at the same time.

How to become a foster carer

People who intend to temporarily raise a child from an orphanage must apply to social security and become registered with the Board of Trustees. They will inform you about all the necessary documents and certificates needed for registration of patronage. There are also some formal criteria for selecting families for foster care. The most important criterion is the psychological readiness of the family to accept the pupil. Important is the absence of any functional disorders in the candidate's family. Along with psychological readiness, employees of the authorized organization determine emotional maturity, motivation to accept a child, the ability to bear responsibility for him at every stage of foster care. Even if the candidate meets all the formal requirements, his desire to become a foster caregiver may be refused. Such a decision must be reasoned and justified. The duties of candidates for foster care include the mandatory passage of appropriate training, including trainings, lectures, seminars.

Foster Care Agreement

The regulation of relations between an orphan and a foster caregiver is controlled by a special authorized service. The agreement on foster care is the main official document on the basis of which the authorized service transfers pupils to foster families.

Benefits and payments

Patronage payments are regulated in each region in relation to the state of the local budget. To provide for each child, the educator regularly receives the required equipment, clothing, and a cash allowance for the pupil's food. In addition, each educator has the right to receive cash payments for the needs of the patronized, the amount of which is three minimum wages. The report on the spending of this money is controlled by the Board of Trustees. There are other reports that must be submitted to the council in a specified manner. The frequency and timing of their submission are stipulated in the drawing up of an agreement on foster care.

What is the difference between foster care and foster care?

In a foster family, parents are full guardians, while in a foster family they are just educators who are responsible for the ward together with the authorized bodies. In many cases, foster care is a transitional option until the right to adopt and guardianship is obtained.

How is patronage different from patronage

Patronage and patronage are very similar sounding concepts and the essence of which is patronage over someone. But, there are some differences. Patronage is, first of all, medical care as incapacitated or minors.

And patronage is one of the most effective forms of guardianship over children left without parental care temporarily or for a long time. It promotes positive social development. Unlike education in a boarding school, this type of patronage has multiple advantages.

Legislative regulation

There are several types of foster care, one of them is weekend patronage. This type of guardianship has been quite developed in Russia in recent years. In this way, children from the orphanage get the opportunity to learn that they are learning to communicate with adults, trying on various social roles.

It is not uncommon for weekend patronage to become full patronage. Often in this way people try to get used to a child from an orphanage, trying to understand whether they can replace his parents, become a family.

As a rule, single women or men choose weekend patronage as a form of guardianship. It is more difficult for them to obtain guardianship or to arrange full patronage. Guardianship is possible not only over a citizen until he reaches the age of majority. If the pupil studies full-time, then the patronage of the day off is extended to 23 years.

It is worth saying that foster care is available only for adult citizens without presenting gender requirements. To do this, you must contact the guardianship and guardianship authorities at the place of residence, where, first of all, you will have to write an application about the desire to become a foster caregiver.

Based on the application, a boarding committee will be created from employees of the guardianship and guardianship bodies, which will conduct a survey of housing conditions. As a result of this, a conclusion will be made whether the pupil can be in such conditions, whether they comply with sanitary and hygienic standards. The commission sets the terms for the examination, about which the applicant for the role of foster caregiver is notified in advance.

It is worth saying that patronage is a form of education on a reimbursable basis. It is practiced in a number of regions of the Russian Federation as part of family education.

The foster caregiver receives a fee for his services. In addition, he is credited with teaching experience in his work biography.

Together with a statement of desire to become a foster caregiver, the applicant for this role provides a number of documents: copies of the passport, TIN, pension certificate, autobiography, documents establishing ownership, certificates of the physical and mental state of health of the applicant for caregivers and people who live with him, certificate of the presence or absence of a criminal record. Recently, the passage of specialized courses by future educators has been practiced. Sometimes the guardianship and guardianship authorities request a certificate of completion.

If the patronage commission decides that the child can stay for the weekend in a particular house, then you should proceed to the execution of an agreement between the children's institution and the teacher. It prescribes the time that the pupil is supposed to spend in the family, as well as the amount of payment. It is worth saying that patronage of the day off can be both long-term and short-term. This is also stipulated in the contract.

Oddly enough, sometimes, due to bureaucratic obstacles, it is not possible to quickly arrange weekend patronage for a child from an orphanage. Some people get their way for a single month. However, nothing can compare with the joy of children's eyes and the smile of a happy child.