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Friends, alas, in our time, before you find the long-awaited happiness, you need to go through many instances and obstacles. Adoption involves a huge number of formal procedures. To help you in this difficult but very rewarding task, we are once again publishing the material provided to us by the Change One Life Foundation.
And today we will touch on several topics at once, the most important for parents who have decided to adopt a child:
– Who can become a guardian and what is a SPR?
– Collecting documents
– We communicate with the guardianship and guardianship authorities
– We are looking for a child and registering custody
– Getting ready for a new life
– We register a foster family
Introduction: Foster care or foster family
With the varieties of forms of family structure in the Russian legislation, everything is much easier than it seems. And it seems that everything is difficult for us, mainly because we are confused by the media. Incompetent journalists call all children who have found their parents indiscriminately “adopted”, and all families who have taken such children for upbringing – “adopted”. Whereas in reality, foster parents do not adopt children, but take them under guardianship. But reporters have no time to understand such subtleties – so they form one stereotype after another.
By and large, there are only two types of family structure in Russia – adoption and guardianship. Legal relations between adults and a child during adoption are regulated mainly by the Family Code of the Russian Federation, and in the case of guardianship (as well as guardianship and foster care) – by the Civil Code. Guardianship from guardianship
it differs in the age of the child (older than 14 years), and the foster family is a paid form of guardianship, when the guardian receives remuneration for his work. In other words: the basis for the creation of a foster family is always the registration of custody or guardianship of the child. Therefore, for ease of perception, the phrases “foster family” and “foster parent”, as well as “guardianship” and “trustee” will only occur where it is impossible to do without them. In all other cases – “custody” and “guardian”.
Despite the fact that the priority form of family structure in the Russian Federation is considered adoption, today more and more citizens who want to accept a child with a difficult fate into their family choose guardianship and its derivatives. Why? Based on the interests of the child. After all, in the case of registration of guardianship, the child retains his orphan status, and, consequently, all the benefits, payments and other benefits due from the state.
Choosing between adoption and custody, many parents put the material side of the issue at the forefront. In many regions, adoptive parents receive substantial lump-sum payments. For example, residents of the Kaliningrad region can receive 615 thousand rubles for the purchase of residential premises on the property of an adopted child. And in the Pskov region, they give out 500 thousand rubles without any restrictions on their use. And not only to Pskov residents, but to adoptive parents from any region.
In addition, since 2013, when adopting sisters and brothers, or disabled children or teenagers over 10 years old, the state pays parents 100 thousand rubles at a time. And if the adopted child is the second in the family, then the parents can also claim maternity capital. All these payments are a good help to improve the living conditions of the family. But, as already mentioned earlier, an orphan in the case of adoption becomes an ordinary Russian child, losing all the “orphan capital”, including their own housing.
On the other hand, it is extremely important for a child, especially an older child, to realize that he is not” protected”, but adopted-that is, he has become a native not only in the hearts of close people, but also documented. However, quite often it is simply impossible to prefer adoption: if there are restrictions on the forms of family arrangement. So, if the biological parents of the baby are not deprived of parental rights, but only limited in them, then only two forms of arrangement will be possible for the child: guardianship (guardianship) or foster family.
Choosing between a paid and gratuitous form of guardianship, many wealthy families choose the second option-they say, why should we receive remuneration for raising a child, we will raise it for free. Meanwhile, this small (3-5 thousand rubles a month, depending on the region) money can be used to create your own savings of the child – after all, no one prevents you from opening a top-up deposit in the name of your ward, and form a decent amount for his coming of age: for a wedding, school, first car, etc.
Custody or foster care? The choice is always left to those adults who make the responsible decision to accept a child with a difficult fate into their family. The main thing is that this choice should be made in the name of the child and in defense of his interests.
What else you need to know about custody and foster care-Appendix 1
Who can become a guardian and what is a SPD?
The question in the title of this section could be answered briefly: “any adult capable citizen of the Russian Federation”. If not for some “exceptions”.
So, before you collect the documents for registration of custody, make sure that you do not:
1) were deprived of their parental rights.
2) were restricted in their parental rights.
3) were suspended from performing the duties of a guardian (trustee).
4) were an adoptive parent, and the adoption was canceled due to your fault.
5) have an outstanding or outstanding criminal record for serious or particularly serious crimes.
6) * have or have had a criminal record, or are or have been subject to criminal prosecution for crimes against life and health, freedom, honor and dignity of the individual (with the exception of illegal placement in a psychiatric hospital, slander and insults), sexual inviolability and sexual freedom of the individual, as well as for crimes against the family and minors, public health and public morals and public safety (* — this item can be ignored if the criminal prosecution was terminated on rehabilitative grounds).
7) are married to a person of your own sex, registered in any state where such marriage is permitted, or are not married to a person of the opposite sex, being a citizen of the specified state.
8) suffer from chronic alcoholism or drug addiction
9) you cannot exercise your parental rights for health reasons**.
10) live together with persons suffering from diseases that pose a danger to others***.
** – lists of these diseases can be found in Appendix 2
*** – lists of these diseases can be found in Appendix 2
Another important point without the particle “not”: a citizen who claims to be a high-ranking guardian must pass psychological, pedagogical and legal training – have a certificate of the School of Foster Parents (SPR).
What does training in the SPD give in addition to the coveted certificate? Schools of host parents set themselves many tasks, the first of which is to help candidates for guardians in determining their readiness to accept a child for upbringing, in understanding the real problems and difficulties that they will face in the process of raising him. In addition, the SPD identifies and forms the educational and parenting skills necessary for citizens, including for protecting the rights and health of the child, creating a safe environment for him, successful socialization, education and development of the child.
However, you will not be required to study at the SPR if you (in accordance with Article 146 of the Family Code of the Russian Federation):
– you are or were an adoptive parent, and the adoption in respect of you has not been canceled.
– you are or have been a guardian (trustee), and have not been removed from the performance of the duties assigned to you
– a close relative of the child****.
**** – read about the benefits of close relatives in Appendix 3
Education at the School of Foster Parents is freeof charge . This should be taken care of by the guardianship and guardianship authorities of your region, they will also issue a referral to the SPR. During the course of the program, which, by the way, must be approved by the Ministry of Education and Science, you may be offered to undergo a psychological examination – please note – with your consent. The results of this survey are of a recommendatory nature and are taken into account when appointing a guardian together with:
– moral and other personal qualities of the guardian;
– the ability of the guardian to perform their duties;
– the relationship between the guardian and the child;
– the attitude of the guardian’s family members towards the child;
– the attitude of the child to the prospect of education in the proposed family (if this is possible due to his age and intelligence).
– the child’s desire to see a certain person as their guardian.
– degree of kinship (aunt/nephews, grandmother/grandson, brother/sister, etc.), property (daughter-in-law/mother-in-law), former property (former stepmother/former stepson) , etc.
References:
“Anti-Opekunskie” and dangerous diseases-Appendix 2
Benefits of relatives-Appendix 3
Collecting documents
Have you made sure that none of the exceptions or circumstances mentioned in the previous chapter prevents you from becoming a guardian? Then it remains to prove this to the guardianship and guardianship authorities by providing them with information about yourself.
If you want to get custody as soon as possible (and most host parents want this), it is better not to wait until the specialists in guardianship and guardianship will request information from the Ministry of Internal Affairs, the Ministry of Justice, medical and other organizations. Start acting on your own: you can collect documents in parallel with training in the SPR. The necessary forms can be obtained from the specialists of guardianship and guardianship, or you can print them yourself*.
* – find sample documents in Appendix 4
There are not so many documents separating you from the conclusion of the guardianship and guardianship authority about the possibility of being a guardian. Another question is that some of the” pieces of paper ” are given by dozens of hours of queues in different institutions. Therefore, to save time and nerves, it is extremely important to understand what documents should be dealt with first.
So, when collecting documents, it is advisable to follow the following order:
1. Medical report. This point requires the greatest amount of explanation. First, the medical examination of potential guardians is freeof charge . If any of the health care institutions in your city do not agree with this, you can safely refer to the order of the Ministry of Health of the Russian Federation No. 332 of September 10, 1996. Secondly, the same order also introduced form No. 164/u-96, on which you will have to collect two dozen seals and stamps. In total, it provides the conclusions of eight specialist doctors — a narcologist, a psychiatrist, a dermatovenerologist, an oncologist, a neurologist, an infectious disease specialist, a therapist — plus the signature of the head doctor of the polyclinic at the place of your registration. As a rule, all doctors meet halfway, and put their “not detected” as quickly as possible. At the same time, as in any bureaucracy, incidents are possible. So, in some cities, an appointment with a narcologist and a psychiatrist will not be allowed until the passage of fluorography. And without the stamps of these specialists, an infectious disease specialist will refuse to talk to you, whose test results have to wait up to two weeks. About all this, it is advisable to ask those who have already passed such a medical examination in your region. And plan the optimal time and logic “chain”.
2. A certificate from the Information Center of the Ministry of Internal Affairs (about the absence of a criminal record, etc.). The police have the right to produce this document within a month, but also, as a rule, they work more quickly when a future guardian makes a request – especially if you have been registered in one subject of the Russian Federation all your life.
3. Certificate of income for 12 months. Here much depends on the accountant at the place of your work, and financiers, as you know, are wayward and focused people. They may also delay the issuance of a 2-NDFL statement, if the quarterly report does not allow you to be distracted by such trifles. Therefore, it is better to request the document in advance. If you do not have an income (only one spouse works), then the personal income tax of the husband/wife will also work. Or any other document confirming the income (for example, a bank statement of account movements).
4. A document from the utility companies-HOA/DEZ/CC-at the place of registration. A copy of the financial personal account or other document confirming the right to use the residential premises or the right to own it.
5. Written consent of all adult family members to accept the child into the family (taking into account the opinion of children living together with you who have reached the age of 10). It is written in free form.
6. Autobiography. The usual resume will do: born, studied, career, awards and titles.
7. A copy of the marriage certificate (if you are married).
8. A copy of the pension certificate (SNILS).
9. Certificate of completion of trainingand (SPR).
10. Application for appointment as a guardian.
In some regions of Russia, the entire package of documents can be sent via the Internet using the “Unified Portal of Public Services”. But it is better, of course, to take the documents personally, taking with you also a passport. And get acquainted with those specialists of the guardianship and guardianship authority, who will later congratulate you on the addition to the family.
Please note: absolutely all documents, their copies and other information necessary for establishing custody are provided freeof charge . The “shelf life” of the most important documents (paragraphs 2-4) is one year. The medical report is valid for six months.
Sample documents-Appendix 4
So, your package of documents-in the guardianship and guardianship authorities
va. But even if all the documents are perfect, in order to put you on the register, the last document is not enough, which the specialists will produce themselves after a visit to your home. This visit must take place within 7 days after the submission of the main package of documents. We are talking about the act of examining the living conditions of a citizen who has expressed a desire to become a guardian.
In this act, the guardianship and guardianship authority assesses ” the living conditions, personal qualities and motives of the applicant, his ability to raise a child, the relations that have developed between family members.” In practice, it looks like this: specialists come to visit you, and, examining the housing, ask additional questions and fill out their form, where they make the necessary notes. There is no point in fawning over experts or, on the contrary, getting into a pose, irritated at the interference of outsiders in your private life. Just tell it like it is. If there are obvious shortcomings (for example, lack of space for classes, toys) – share your plans on how you are going to fix it. The truth is always the best choice.
It happens that the specialists of the guardianship authorities are not satisfied with the square footage of the living space that falls on the child. Sometimes the “tightness” is imaginary: when the number of people registered in the apartment exceeds the number of actually living citizens. It is easy to prove this by providing additional documents confirming the residence of the “absent” at other addresses. If the meters are really small (the minimum living space standards in each region and municipality are different, and tend to increase), but the conditions for the child are comfortable, then the guardianship and guardianship authority must proceed from the interests of the child. It would be useful to recall the December presidential decree “On some measures to implement the state policy in the field of protection of orphans and children left without parental care”. It says about reducing the requirements for the standard area of residential premises when placing children for upbringing in a family. If this does not help – the approved survey report can be challenged in court.
The survey report is issued within 3 days, after which it is approved by the authorities, and sent to you – within another 3 days. And only after that, the guardianship and guardianship authority combines the entire package of documents and issues an opinion on the possibility of a citizen to be a guardian. This can take up to 15 more days. In case of a positive decision, this conclusion will become the basis for registration – an entry in the journal is made within 3 more days.
The conclusion about the possibility of being a guardian is a document that is valid for two years throughout Russia. With it, you can apply to any guardianship and guardianship authority or to any regional operator of the Federal Database with a request for the selection of a child. On the basis of the same conclusion, the guardianship and guardianship authority at the place of residence of the child will draw up an act on the appointment of you as a guardian.
Looking for a child and registering custody
We have repeatedly told you how to find “your” baby (or not at all a baby). If you intend to take a child into the family in your region — you can search officially, through the regional operator of the Federal database (FBD). But if you are ready to go for a child at least across the country, and look for it everywhere at the same time — this option will not work, because you will not be able to apply to the second operator until the first one fulfills your request. In addition, the search using regional operators is designed so that you need to select a number of parameters – the age of the child, the color of the eyes and hair, the presence of siblings, etc.
In practice, many happy and successful foster parents ended up taking in a family that was not the children they had planned to find. Everything was decided by the visual image of the child – once they saw a video or a photo, the parents could no longer think about anyone else, and completely forgot about the preferences that they had imagined. So children with “unpopular” colors of eyes and hair, with bouquets of diseases, together with brothers and sisters went to families. After all, the heart does not understand the parameters of FBD.
You can not only see, but also hear the voice of your unborn child in the base of the videoanket “Change one life” – the largest in Russia. In a short video, you will see how the child plays, moves, what he can do and hear what he lives and dreams about.
After the child is found, you are obliged to get acquainted with him and establish contact, and also have the right to get acquainted with the documents from the child’s personal file and study the medical report on his health. To do this, you need to send an application to the appropriate regional operator and fill out the form. You will be given information about the child within 10 days. And if you are ready to go further-the direction of acquaintance.
Let’s say it ended up great: you have visited the child several times, perhaps even asked him for a short walk, and established the “contact” that was mentioned in the direction. Then the most important thing remains: to issue a certificate of appointment of a guardian.
This act – attention! – issued by the guardianship and guardianship authority at the child’s place of residence. If the boarding school or orphanage where the child is brought up is far away, try to arrange with specialists that they try to accept the application and issue the act in one day-otherwise you will have to go to a remote locality twice. The fact is that after accepting your application, the guardianship and guardianship authority will need to do several more time-consuming things: request information from the institution where the child is being brought up, as well as hold a guardianship council. As a rule, this takes another 2-3 days.
If all goes well, you will be invited to the organ
guardianship and guardianship for obtaining the act and certificate of the guardian, and the institution will prepare the child and his documents.
Getting ready for a new life
So, we can congratulate you: you were given a certificate of a guardian, and the child leaves the boarding school and goes to the family!
Together with the child, you will be given a couple of kilograms of documents from his personal file*. Do not rush to put them in folders: at home you will have only a part of the documents: the student case (if any) will go to school, and the rest will go to the archive of the guardianship and guardianship authority at the place of your residence (registration), where you have yet to register.
* – a list of the child’s documents can be found in Appendix 5
There you will also write an application for the payment of a one-time allowance (today it ranges from 12.4 to 17.5 thousand rubles, depending on the region) and, if you wish, an application for the establishment of a foster family. After you register, you will have to perform a number of other actions – such as opening a current account in the name of the child (receiving a Savings Book), temporarily registering the child at the place of your residence, applying for a tax deduction, etc. Specialists of the guardianship and guardianship authorities will tell you about all this. And they will also have to issue you an order-permission to spend the money transferred monthly for the maintenance of the child.
If the child is of school age – you will also need to enroll him in school (it is better to take care of this in advance), and include him in the preferential lists for summer holidays. If you plan to travel abroad-take care of obtaining a foreign passport for a minor. If your child has savings, transfer them to a profitable deposit in a reliable bank.
There will be a lot of trouble, but most of them are pleasant. After all, these are the first manifestations of caring for the child and protecting his interests by you, already as his legal representative.
Documents from the child’s personal file-Appendix 5
Making out a foster family
If you still decide to formalize a foster family, then you need to return to the specialists of the guardianship and guardianship authority again, and draw up an appropriate contract. The contract is concluded within 10 days from the date of your appointment as a guardian and must provide for:
1. information about the child or children transferred to foster care (name, age, state of health, physical and mental development);
2. the term of the contract (i.e. the period for which the child is placed in a foster family);
3. conditions of maintenance, upbringing and education of the child or children;
4. rights and obligations of foster parents;
5. rights and obligations in relation to foster parents of the guardianship and guardianship authority;
6. grounds and consequences of termination of such agreement.
As soon as the contract is signed, gratuitous custody turns into paid custody. And now, not the certificate of the guardian, but the order to create a foster family will become the main document that says that you are the legal representative of the child.
In the office of the guardianship and guardianship authority, you will have to write another application-for the payment of a monthly fee. As a rule, it is equal to the size of the minimum wage in the region. If specified in the contract, you may also be paid remuneration from the income from the child’s property, but not more than 5% of the income for the reporting period during which the foster parent managed this property.
The contract can be concluded both in respect of one child and in respect of several children. Please note that in the event of a change in the registration at the child’s place of residence, the contract is terminated and a new one is concluded.
In the preparation of the material used data allowance “Socio-legal framework for the placement of children left without parental care to family-based education” (Family G. V., Golovanov A. I., Zueva N. L., Zaitseva N. G.), prepared with the assistance of the Ministry of education and science of the Russian Federation and the Centre for the development of social projects and taking into account the Federal law as of October 1, 2013.