Every child wants to grow up surrounded by people who love him. But, unfortunately, the reality is that children are sometimes left without parental affection. In order to help minors grow up as worthy citizens of their country, the state in every possible way contributes to the transfer of children left without guardianship to families that have revealed a desire to raise a child.

There are several forms of placement of children with persons who have volunteered to replace their parents. Families that have adopted a baby are called substitute families in everyday life. This term is not enshrined in legislation, but its use is quite common.

Foster family is a concept that unites various forms placement of children with non-blood parents or caregivers. The main types of transfer of minors deprived of care are adoption, guardianship (guardianship), placement of a child in foster families. Occasionally, this includes family-type orphanages and patronage.

Although the concept is not fixed by law, there are departments in the municipalities, which in most cases are called Foster Families Support Services. Their activities are aimed at providing social, educational, legal, information and methodological assistance to citizens raising minors taken from orphanages and shelters.

The state promotes the placement of small citizens in foster families, since the child's stay in a narrow circle has many advantages over the life of a child in an orphanage. Advantages of home education:

Thus, the upbringing of children in foster families creates all the conditions for a person to grow up as a full-fledged personality and not be rejected by society in the future.

Forms of the device of children and their features

For each of the forms of placement of minors in families, their own characteristics are fixed in the regulations. Types of child placement are distinguished by legislative regulation, the procedure for establishing relations between parents and babies, the legal consequences of appointing adults as caregivers, the status of the parties, the presence or absence of monetary incentives.

Adoption

This form of child placement is the most acceptable in the eyes of the state and society. This is due to the fact that adults who want to adopt a child completely replace his parents.

Features of this form of device.

The main problem of this form of placement of children is a long period of paperwork due to the need to go through a judicial procedure. In addition, rather stringent requirements are put forward for future parents, and there is also no state support in the future.

Guardianship (guardianship)

This type of placement of a child in a family is also one of the priorities. Its essence lies in the arrangement of a small citizen to live with a relative or a specially trained person who has expressed a desire to take on the upbringing of a child.

Important! A guardian is appointed for minors under 14 years of age, and a guardian for older children.

The specifics of this form are as follows.

In fact, the placement of a child in the family of the guardian involves not only the provision of shelter to the child. The role of the ward is often more than just a pupil, good people ready to give him both parental care and affection.

This form of arrangement is a subspecies of guardianship. Legal regulation is carried out by the same act - Law No. 48. Features:

1. The legal basis for placing a baby in a foster family is the corresponding act of the guardianship and guardianship authority.
2. The subject of authority concludes an agreement with adults who want to raise a child. It details information about the minor, the legal status of citizens replacing parents, the grounds for terminating the contract, and its validity period. The procedure for compiling the document is approved by Decree of the Government of the Russian Federation No. 423.
3. Citizens are paid remuneration for caring for a child, in addition, social support measures are provided (medicines, for example).
4. A foster parent, even if he does not have an official job, is considered employed. The duration of the contract is counted towards his insurance experience. Elderly people are working pensioners.

This form of child care has both positive and negative sides. The advantages of a foster family are the opportunity to receive money and experience for raising offspring. The main disadvantages are the strict control of the guardianship authorities and the need to constantly report on their activities.

Family type orphanage (DDST)

DDST is created in the form of an institution by executive authorities at the request of citizens who want to raise several children - at least 5. It is assumed professional care for minors, so candidates must have a medical or pedagogical education. Peculiarities:

1. Special organizational and legal form. The procedure for creating an orphanage was approved by Decree of the Government of the Russian Federation No. 195.
2. The conclusion on the possibility of opening a DDST is taken by the guardianship authority.
3. An agreement is concluded between the applicants and the guardianship authority, which specifies the period of stay of children in the institution (usually up to 18 years).
4. The kid retains all the benefits, guarantees, the right to alimony.
5. Adults who have revealed a desire to organize DDST are given the status of educators. They receive payment for their work, the time of looking after children is counted in their insurance period.
6. Educators provide reporting to the guardianship authority, inform about expenses.
7. Financing is carried out by the founder (executive authority). Also, money can come from extra-budgetary funds, charitable contributions, personal savings of adults.

Important! DDST is an alternative to a regular boarding school or shelter, but due to restrictions on the number of children (up to 12), kids feel much more comfortable in it.

patronage

Patronage is the most flexible type of device for a baby. Its essence lies in the maintenance of the child in the family of a specialist of the authorized service. An educator takes care of a minor on the basis of a contract, receives a salary and seniority for this. This form of substitution is often used as a transition to guardianship or adoption.

Who can become foster parents?

The legislation establishes some restrictions for candidates for the role of a parent or educator. Thus, the guardianship authorities do not allow persons under the age of 18 who:

Different forms of child placement may impose additional restrictions on foster parents. So, when adopting, the age between adult children must be at least 16 years old, and the same child cannot be taken to people from different families. DDTS organizers cannot be relatives with children. Preference is given to adult citizens who are married, have a stable income and have experience in raising kids.

What kind of children can be taken into the family?

First of all, they demand placement for education in families, of course, orphans. These are small citizens whose natural parents or adoptive parents have died, disappeared or were not initially known. In addition, minors have the right to a family, whose mother and father:

When such children are identified, the authorities send them to boarding schools, shelters, medical institutions. The subsequent placement of these offspring in families is a priority for the guardianship authorities.

Can I take multiple babies?

Of course, it is possible to take several children for upbringing, but no more than is indicated in the regulatory legal acts. For various forms of arrangement, the legislator provided for restrictions on the number of minors in the family.

Most pupils can be in DDTS. Spouses have the right to take care of up to 10 children, but in such a way that the total number of consanguineous and step-children does not exceed 12 (clause 2 of the Rules for the organization of DDTS No. 195).

Several children can also be taken to a foster family, but in such a way that the number of pupils together with their own children does not exceed 8 (clause 3 of Regulation No. 423). As for the number of wards, the legislator considers a priority situation when guardianship is established over 1 child. True, in order not to separate brothers and sisters, it is allowed to accept
for the upbringing of several minors (clause 6, article 10 of Law No. 48).

The number of children that a citizen can adopt has not been established. However, the authorities and the court are unlikely to allow many children to be taken into one family. As in the case of guardianship, brothers and sisters are trying to arrange together.

Algorithm of actions for citizens wishing to adopt a minor

The path of a substitute parent is quite complicated and thorny. It is necessary to go through a long procedure, which consists of several stages.

1. Visiting the guardianship authorities with a statement about your desire to take the baby. An adult will be asked to undergo special training, and he will also be given a list of documents necessary for registration of one form or another of the device for a minor.
2. You need to go through training and get a certificate based on its results.
3. Collection and submission of documentation. Guardianship authorities should familiarize themselves with the candidate for foster parents, so the package of business papers is quite extensive.
4. After familiarizing the specialist with the submitted documents, he makes a conclusion on the applicant's ability to take the child into the family.
5. There is a selection of the child and acquaintance with him.
6. Documents are drawn up for adoption, guardianship or other form of placement of a minor. If necessary, an agreement is concluded (if a foster family or DDST is created).

In the case of adoption, the process will be longer, since the substitute parents will have to go through a judicial review of the issue, and if the outcome of the case is positive, you need to contact the registry office to register the fact of the adoption of the child.

Parent Candidate Training

Possession of a certificate of completion of special training - required condition guardianship authority in order to get the applicant the opportunity to take the baby to be raised. The order of admission to the courses is defined in the Order of the Ministry of Education No. 235. Adult training is aimed at achieving the following objectives:

1. Identification of educational competencies in substitute parents.
2. Formation of skills in dealing with children and the ability to protect minors from environmental hazards.
3. Familiarization of adults with their rights and obligations in relation to the younger generation.
4. Assistance in determining the readiness to take the baby from the shelter to the family, choosing the preferred form of placement for a minor.
5. Awareness by candidates of the real difficulties and risks associated with the role of educator of an orphan or child deprived of parental care.
6. Familiarization with forms of assistance and support large families.

The preparation of candidates for parents is carried out by organizations to which the guardianship authorities have delegated the authority to teach adults the basics of education. Professionals in dealing with children and the necessary specialists (doctors, teachers, psychologists) are involved in reading the material.

Guardianship authorities independently develop a training program and a schedule of classes. The time is chosen that is most suitable for visiting by employed citizens. General period preparation ranges from a week to six months.

To enroll in training, candidates must submit an application and passport to the guardianship authorities. There they are given a referral for training. Courses are free. Upon completion, each student is issued a certificate of completion.

Citizens should seriously consider attending classes, as missing more than a third of lectures is the basis for issuing a document stating that the preparation was not completed in full. After training, you need to start collecting documentation.

Required documents

An approximate list of business booms for guardianship authorities will look like this:

The list of documents is approximate, as it may differ slightly for each form of device. So, to open a DDST, you will need diplomas of education. Often you need to provide a job description.

Medical examination

According to the Order of the Ministry of Health No. 290n of 2014, future substitute parents must undergo a medical examination, including:

• examination by a therapist;
• testing for syphilis;
• examination for the presence of hepatitis B and C;
• testing for the presence of antibodies to HIV;
• fluorography;
• examination by an infectious disease specialist, a phthisiatrician, a narcologist and a psychiatrist.

The examination is carried out in any institution that has a license for medical activities. If the future substitute parent has passed the listed tests and has been to the indicated doctors in the last 3 months, the therapist individually determines which specialists should be visited again. The purpose of the examination is to confirm the absence of such diseases:

• tuberculosis in persons of groups 1 and 2 of dispensary observation;
• infectious disease;
• the presence of malignant tumors;
• mental disorders;
• drug addiction, alcoholism, substance abuse;
• any injury or illness that led to group 1 disability.

These diseases prevent the transfer of the child to the family. The final verdict on the presence or absence of these deviations in the normal functioning of the body is made by the medical commission after studying all the tests and the results of the passage of specialists. The decision is made in the form of a conclusion.

Survey of housing conditions

Within a few days from the date of submission required documents to the guardianship body, there will be an examination of the living conditions of the candidate for substitute parents. The specialist examines the dwelling of a citizen, conducts a conversation with the applicant in order to determine his personal qualities and motives for accepting the baby into the family. In addition, the ability of the future parent to educational work, as well as the relationship between the households of the substitute relatives and the prospects for placing an offspring with them.

When examining a property, a representative of the guardianship authority must identify compliance with the elementary requirements for raising a child. The law does not contain any recommendations for assessing living conditions, but the parent should be prepared that the specialist will require that they show a place where the child can sleep, do homework, and spend leisure time. Ideally, the baby should be given a room with a minimum set of household items.

The specialist also evaluates the dwelling in terms of the sufficiency of square meters per person. A family in need of an apartment expansion is unlikely to give a child. Regional legislation establishes different area standards for 1 person. For example, in Moscow it is 10 meters, so if the property is tiny, parents may be denied a request to become adoptive parents, guardians or educators.

The result of the inspection is an act of inspection. It is compiled within three days after visiting the home. One copy is sent to the applicant.

Is housing provided for multiple children?

No, additional accommodation is not provided. An exception is the creation of a DDST, when the founders, represented by the authorities, allow a large family to live in a room specially built for this purpose. When the DDST closes, the property must be returned.

However, foster parents may benefit from large families. So, when registering citizens as needy, apartments are allocated to them in the first place. In addition, under certain conditions, maternity capital and a free land plot are provided.

Conclusion on the possibility of transferring a minor to the applicant

Within 10 days from the date of submission of documents and after the execution of the act of inspection of the dwelling, the guardianship authority decides whether the applicant can become a substitute parent. The conclusion is sent to the candidate within three days.

If a citizen wishes to draw up an agreement with the guardianship authority on the performance of duties of caring for a baby on a paid basis, a necessary agreement is concluded. The conclusion is valid for 2 years. After it is received, the candidates for parents should become a special register and begin to select a child.

How to choose a baby and where can you meet him?

Guardianship authorities, after entering a citizen in the database of persons wishing to become substitute parents, explain the procedure for selecting children and getting to know them. If there is no shelter in the applicant's region of residence or the child you like simply was not found, information about minors deprived of adult attention can be found on federal websites or in special regional banks.

Having chosen a child, you should contact the guardianship authorities to get a referral to visit a children's institution. Based on the results of getting to know the child, a decision is made on whether to accept him into a foster family or to look for another foster child.

After the adults have made their choice, the guardianship specialist conducts a conversation with the little person. His opinion is necessarily taken into account when arranging for a new family.

The opinion of a child over 10 years old is fundamental for specialists. Disagreement to live with parents is the reason for the refusal of the guardianship authorities to send the offspring to a foster family.

Is it possible to take a child into the family for adaptation?

Yes. According to Decree of the Government of the Russian Federation No. 432, a child can be sent to a family for a period not exceeding 3 months. The conclusion on the temporary transfer of the baby must first be obtained from the guardianship authorities. Further, the following documents should be submitted to the institution where the baby is staying:

• statement;
• a copy of the passport;
• conclusion issued by the guardianship authorities on the possibility of temporary placement of a minor in a family;
• written consent of the rest of the household.

The administration of the institution for children registers the application, and within 7 days makes a decision on the possibility of sending the child to the family, while taking into account the opinion of the offspring. If future parents are allowed to take a child for a while, they are explained the rules of behavior with him, the rights and obligations as educators. Babies are forbidden to be taken out of the country, left in the care of third parties. In addition, adults are responsible for the health of the child and for providing him with everything necessary. Return the child to the institution before the expiration of the prescribed period.

Consequently, all types of procedures for registering a child (children) in a foster family are carried out by representatives of the guardianship and guardianship authorities. Future parents will have to go through a number of procedures that prepare them for a new status. But the state has set up a whole department within the PUU, whose specialists do their best to help foster families cope with any kind of problems associated with their new role.

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• Introduction
• 1. Legal regulation of relations arising from the creation of a foster family
• 1. 1 Foster family as a legal form of raising children left without parental care
• 1.2 Types of foster family
• 2. Legal status of foster parents and adopted children in a foster family
• 2.1 Requirements for adoptive parents, their rights and obligations
• 2.2 The rights of a pupil of a foster family
• 3. The contract as the basis for the emergence of a foster family
• 3.1 The concept and legal nature of the agreement on the transfer of a child to a foster family
• 3.2 Termination of the foster family contract
• Conclusion
• Bibliography
• Introduction

foster family upbringing

Caring for children lies primarily with their parents. Their priority role in the life and upbringing of their minor children, the beneficial effect on the intellectual, moral and other qualities of the child is one of the indisputable provisions. In cases where, for any reason, a child has lost parental care, it is necessary to create conditions under which he can find himself in the atmosphere of a family close to the family of blood parents, necessary for his full development. Hence the acuteness of the problem of ensuring the interests of the child in a foster family, for the first time provided for in the current Family Code of the Russian Federation. Moreover, the level of orphanhood is currently extremely high.

The relevance of the topic of the thesis research is due to the presence in Russian Federation a large number of children left for various reasons without parental care. The upbringing of these children in appropriate educational, medical and similar institutions not only does not give the desired effect, but very often contributes to the formation in children deviant behavior. Experts note that only under conditions family education it is possible to solve the problem of preparing these children for independent life. The current legislation of the Russian Federation, as one of the legal forms of raising children left without parental care, provides for a new institution of family law - a foster family. The essence of the foster family lies in the fact that the body of guardianship and guardianship, on the terms determined by law, other legal acts, as well as by agreement, transfers these children to the family for the upbringing of these children. Thus, the state fulfills its obligation to ensure the upbringing of children left without parental care, provided for by the UN Convention "On the Rights of the Child" dated November 20, 1989 and the UN Declaration "On social and legal principles relating to the protection and well-being of children, especially when transfer of children for upbringing and their adoption at the national and international levels” dated 03.12.1986

The purpose of the work is to comprehensively study theoretical problems and analyze the existing legal provisions that determine the legal nature of the foster family; the specifics of the agreement on the transfer of the child (children) to be raised in a foster family; features of the legal regulation of personal non-property and property relations in a foster family, as well as the responsibility of foster parents for improper performance of duties for raising a child (children).

To achieve this goal, the following tasks were set:

To study and summarize family and civil legislation, legal literature available on the research problem,

Determine the degree and level of theoretical development of the topic; based on the views of legal scholars, determine the legal nature of the foster family as a form of raising children left without parental care;

To study the specifics of the agreement on the transfer of a child (children) to be raised in a foster family, the features of the legal regulation of personal non-property and property relations in a foster family, as well as the responsibility of foster parents.

The object of the study is a set of legal relations that arise in the process of creating and operating a foster family.

The subject of scientific research is family law and civil law norms, enshrined in the relevant legal acts regulating relations for the creation and operation of a foster family.

Methodological basis of the study. To achieve this goal and solve the tasks set, the study is based on the provisions of the dialectical method of cognition, private scientific (historical, formal-logical, system analysis, etc.), as well as special legal methods (normative, comparative legal, legal modeling method).

Normative and empirical base of research. The conclusions and proposals contained in the work are based on the study and evaluation of the norms of the Constitution of the Russian Federation, the Family Code of the Russian Federation, the Civil Code of the Russian Federation, the Civil Procedure Code of the Russian Federation, the federal laws of the Russian Federation, the laws of the constituent entities of the Russian Federation and other regulatory legal acts.

1. Legalregulationrelations,emergingatcreationreceptionfamilies

1.1 Receptiona familyhowlegalthe formeducationchildrenremainingwithoutcareparents

Experts say that finding a child even in the best children's institution leaves a certain imprint on him, expressed in the appearance of various kinds of problems, among which are health problems, psychological problems, as well as problems associated with the peculiarities of the child's adaptation to an independent life after leaving from the walls of such an institution.

So, as a result of a study of the health status of children from orphanages, conducted back in 1992, it turned out that there are practically no healthy children among them. The prevalence of chronic diseases is much higher, and the state of health is much worse than in children brought up in families 11 Ananin S.A. medical problems health and improvement of orphanage residents // Problems of orphanhood and activities of institutions that replace family education. - Issue 2. - M., 1992. - S. 41-45. . The current state of affairs is no better than eleven years ago.

The next group of problems is related to the fact that the organization of the life of children in a state institution is far from the ideal model for building an independent individual lifestyle within the family. Regulated life in groups-classes, collective maintenance and communication, food laid out on plates, lack of choice in almost everything: in food, clothing, leisure activities, toys, games, communication. Ultimately, there is no choice, no independence, no responsibility for one's life, actions and one's own future. 22 Ivanova N.P., Bobyleva I.A., Zavodidkina O.V. Socio-psychological adaptation of children in a foster family. - M, 2002. - S. 11-12. Children living in an orphanage have absolutely no idea about the family way of life, family communication, mutual assistance and support of family members, as well as ways of rational housekeeping.

Most often, such children try to establish themselves in the team through the use of physical force, embodying the principle:

“the one who is stronger is more important”, expressing an aggressive attitude towards others. This situation appears everywhere. Psychologists compose and analyze psychological picture pupils of children's institutions, suitable for almost every one of them. Briefly note its main features:

1) the child, as a rule, experiences difficulties in communicating with others, does not master the skills of productive communication, since his contacts are superficial and nervous;

2) the child often divides the world into “us” and “them”, into “us” and “them”;

3) in relations of a minor with peers and, especially, children younger age usually manifests aggression;

4) full state support is reflected in the formation of a dependent position in the child (we (we) are owed), as well as in the absence of thrift and responsibility;

5) features of gender-role identification of pupils;

6) emotionally, the child shows alienation, emotional coldness, inability to communicate emotionally;

7) the formation of a distorted self-awareness of the child.

Quite a few problems and difficulties arise for graduates of boarding schools and alternative institutions. The former pupil, having left the walls of the children's institution, faces, first of all, financial difficulties, difficulties in finding friends and fulfilling the requirements for work 11 Iovchuk N., Morozova E., Shcherbakova A. families // Public education. - 2011. - No. 7. S. 185. . Moreover, 10% of graduates of orphanages and boarding schools end up committing suicide, 40%, having not received housing, become homeless, the same number ends up in correctional institutions, and, finally, as a rule, with very rare exceptions, none of they do not create a successful family, but basically reproduce the way of life and behavior in the family that they learned in early childhood 11 Shmeleva S. Parents for hire // Russian newspaper. - 2012. - June 1. - No. 113. . And, as V.N. Oslon, "unfortunately, one gets the impression that the huge material resources that the state allocates for children's institutions are used to train a" contingent "for criminal structures and correctional institutions."

In the light of the foregoing, it can be concluded that the effectiveness of the practice of raising orphans and children left without parental care in the relevant state institutions is extremely low. The development of a foster family as a form of accommodation for children in need of family care and a home will help solve some of the existing problems.

For optimal legal regulation of the foster family and its delimitation from other forms of arrangement, it is necessary to develop the concept of a foster family, which would reflect its specific features associated with the peculiarities of its creation and activities.

In a sociological sense, a foster family is any family that has adopted at least one child left without parental care, regardless of the legal consequences that arise in connection with this. Thus, the foster family is a type of family as a small social group based on marriage, kinship, adoption and other forms of taking children for upbringing, connected by a common life, as well as family rights and obligations. At the same time, depending on the consequences of the adoption of children for upbringing, it is possible to single out guardian families, families of adoptive parents and directly foster families. In the educational and scientific literature, various definitions of the foster family are given as a form of placement for children left without parental care, but most often they either do not reflect its specifics at all as an independent form of placement, or contain only one or two distinctive features.

M. V. Antokolskaya defines the foster family as “a new institution of family law” and as “a hybrid form containing some features of guardianship, child care and adoption” 11 Antokolskaya M.V. Family Law: Textbook. Ed. 5th, revised. and additional M., 2009. S. 311. . This definition focuses on the novelty of this form of placement and its complex nature, which combines various elements of existing forms of placement, but does not reveal the essence and specific features of the foster family.

A.M. Nechaeva characterizes the foster family as "a surrogate family, where problems of a pedagogical and legal nature are intricately intertwined." 22 Commentary on the Family Code of the Russian Federation (responsible editor A.M. Nechaev) - 3rd ed., Revised. and additional - "Yurayt", "Yurayt-Izdat", 2011, p. 51. On the one hand, the foster family has all the signs of a family as such, because it is a community of persons living together, united by the rights and obligations provided for by family law, on the other hand - in the context of the relevant articles of the RF IC, it has its own, unique features that distinguish it from adoption, guardianship (guardianship). Thus, A.M. Nechaeva reveals the artificial nature of the formation of a foster family.

A number of scientists note that the foster family differs from other forms of placement in that the transfer of children for upbringing takes place on the basis of a special agreement (agreement) between the guardianship and guardianship authorities and persons wishing to raise a child 33 Kosova O.Yu. Family and inheritance law in Russia: Textbook. M., 2009. S. 218; Muratova SA. Family Law: Textbook. M., 2009. S. 268; Polovtsev I.N. A brief commentary on the law of St. Petersburg "On the amount of wages for foster parents." SPb., 2012. S. 5. . Accordingly, to determine a foster family, they use one, but, in our opinion, the main distinguishing feature of a foster family - the contractual procedure for transferring children to it for upbringing.

L.Yu. Mikheeva defines a foster family as a form of placement of children, in which persons who protect the rights and interests of the child receive remuneration for the performance of their duties 11 Mikheeva L.Yu. Guardianship and guardianship: Legal regulation: Educational and practical guide /Under. ed. prof. R.P. Makankova. M., 2009. P. 83. Pchelintseva L.M. Family law in Russia: Textbook for universities. M., 2008. S. 598. . Thus, in order to determine the adoptive family of L.Yu. Mikheeva also uses only one of her specific features - this is the compensation of this form of device.

L.M. Pchelintseva does not give an independent definition of a foster family, but notes that “a foster family makes it possible to ensure children their right to family upbringing, which is given unconditional preference by law” 22 Pchelintseva L.M. Commentary on the Family Code of the Russian Federation. - 6th ed., revised. and additional - "Norma: INFRA-M", 2011, p. 12. .

In a textbook on family law, edited by S.N. Bondova notes that the foster family has all the features of a family as such, but also has its own peculiarities that are unique to it, which in turn distinguish the foster family from adoption (adoption), guardianship (guardianship), namely:

a) the foster family is based on an agreement, which is concluded in writing at the request of persons wishing to raise a child in their family. The parties to this agreement are these persons, as well as guardianship and guardianship authorities;

b) persons (person) concluding the contract are called parents-educators. Both childless spouses and those who have their own children can act as parent-educators;

c) pupils of foster families are paid monthly funds for their maintenance at the expense of the budgetary funds of local governments in accordance with the prices actually prevailing in the given region;

d) the foster family enjoys various kinds of benefits in accordance with the decisions made by local governments.

This definition, in our opinion, is too cumbersome, incomplete and inaccurate. In particular, an inaccuracy was made regarding the designation of persons who adopted children left without parental care into their families. Such persons, in accordance with the RF IC and the Regulations on the foster family, are called foster parents. Parents-educators in accordance with the Decree of the Government of the Russian Federation "On a family-type orphanage" are persons raising children in a family-type orphanage. It has, in our opinion, nothing to do with the peculiarities of the foster family and an indication that the foster family enjoys various benefits, because. both adoptive parents and guardians (trustees) enjoy various kinds of benefits. The positive side of this definition is the indication that adopted children are fully supported by the state.

M.I. Fetyukhin, S.Yu. Kochetkov and Yu.M. Fetyukhin define a foster family as best form guardianship and trusteeship, enshrined in the current RF IC. However, consideration of the foster family as a form of guardianship and guardianship also does not reveal its specificity and essence as a form of placement of children left without parental care. 11 Fetyukhin M.I., Kochetkov S.Yu., Fetyukhin Yu.M. Foster family as a form of guardianship and guardianship. Volgograd, 2000. P. 5.

At present, there is no definition of a foster family in the legislation that would emphasize its main specific features as an independent form of placement of children left without parental care. Most of the definitions of a foster family given in legal acts are based on the peculiarities of its creation. Undoubtedly, this is one of the main distinguishing features of this form of device, but not the only one.

Yes, Art. 123 of the RF IC defines a foster family as one of the forms of placement in a family for raising children left without parental care. This definition of a foster family does not allow distinguishing it from other family forms of placement, since does not contain any distinguishing features. Thus, this concept of a foster family does not carry any semantic load and cannot be used independently.

In accordance with Art. 1 of the Law of the Russian Federation of December 21, 1996 No. 159 - FZ "On additional guarantees for the social support of orphans and children left without parental care" a foster family is a form of placement of orphans and children left without parental care, on the basis of agreements on the transfer of a child (children) to be raised in a family between the guardianship and guardianship authority and foster parents (spouses or individual citizens who wish to take children to be raised in a family). This definition is inaccurate, because also contains only one distinguishing feature of the creation of a foster family - a contractual nature.

The content of the concept is a set of properties, features and relations of objects reflected in the mind, the core of which is the distinctive essential properties, features and relationships. The concept can be given as a result of the analysis of all essential features. Thus, in order to develop the concept of a foster family, it is necessary to reveal its essence, paying attention to the changes made by the current legislation.

In addition to the norms of the RF IC, the activities of foster families were previously regulated by the Regulations on the foster family, approved by Decree of the Government of the Russian Federation of July 17, 1996 N 829. Federation in connection with the adoption of the Federal Law "On guardianship and guardianship", changes were made to the relevant norms of the RF IC, and the Regulation on the foster family was canceled in connection with the adoption of the Decree of the Government of the Russian Federation of May 18, 2009 N 423.

Changes in the RF IC were reduced to the following. Thus, the Law of April 24, 2008 N 49-FZ declared Art. 151, 154 and 155 of the RF IC.

Repeal of Art. 151 of the RF IC, which was called "Education of a foster family" and in which general characteristics foster family as a form of placement of children left without parental care, obviously due to the fact that the foster family is now considered not as a special form of placement of children left without parental care, but rather as a specific kind of guardianship and guardianship. Accordingly, there is no need to give a general description of the foster family, since it is given in the rules on guardianship and guardianship.

Repeal of Art. 154 of the Family Code of the Russian Federation, which contained general provisions regarding the procedure for transferring children to foster care, is also due to the fact that if it had been preserved, it would essentially have duplicated both the provisions of the Family Code of the Russian Federation (for example, Article 145, in which all these issues regulated in a general way), and the provisions of Art. 11-14 of the Federal Law of April 24, 2008 N 48-FZ "On guardianship and guardianship" (FZ "On guardianship and guardianship").

The specific procedure for creating a foster family is currently established by the Rules for creating a foster family and monitoring the living conditions and upbringing of a child (children) in a foster family, approved by Government Decree No. 423 of May 18, 2009 (Rules for creating a foster family), including also the Rules conclusion of an agreement on the implementation of guardianship or guardianship in respect of a minor ward, approved by the same resolution.

In accordance with paragraph 7 of the Rules for creating a foster family, the guardianship and guardianship body provides citizens who have expressed a desire to take a child for upbringing in a foster family with information about a child who can be transferred for upbringing in a foster family, and issues a referral to visit the child at the place of his residence (stay). And in clause 8 of the same Rules it is said that an organization for orphans and children left without parental care, under whose supervision the child is placed, is obliged to familiarize persons who have expressed a desire to take the child for upbringing in a foster family with the child’s personal file and medical conclusion about the state of his health. These organizations are responsible in accordance with the procedure established by law for the accuracy of the information provided.

The grounds for concluding an agreement on a foster family are the application of persons (persons) to transfer them to raise a specific child, which is submitted to the guardianship and guardianship authority at the place of residence (location) of the child, and the act of the guardianship and guardianship authority on the appointment of these persons (persons) as guardians or trustees.

In accordance with the Rules, an agreement may be concluded both in respect of one minor ward, and in relation to several wards. The number of children in a foster family, including natural and adopted children, should, as a rule, not exceed 8 people (clause 3 of the Rules for creating a foster family). It is not allowed to conclude an agreement through the representative of the guardian.

The contract is concluded at the place of residence of the ward and guardian within 10 days from the date of adoption by the guardianship and guardianship authority at the place of residence of the minor citizen of the decision to appoint a guardian.

If disagreements arose between the parties during the conclusion of the contract, the guardianship and guardianship body, which received a written proposal from the guardian to agree on the disputed conditions, within 6 days from the date of receipt of the proposal, takes measures to agree on the terms of the contract or notifies the guardian in writing of the refusal to conclusion.

In the event of a change in the place of residence of the ward, the contract is terminated, and the body of guardianship and guardianship at his new place of residence concludes a new contract.

According to paragraph 4 of the Rules for the selection, registration and training of citizens who have expressed a desire to become guardians or trustees of minor citizens or to accept children left without parental care into a family for upbringing in other forms established by the family legislation of the Russian Federation, a citizen who has expressed a desire to become a guardian represents the following documents to the guardianship and guardianship authority at the place of residence (a similar set of documents must be submitted by citizens who have expressed a desire to become foster parents):

a) an application with a request to appoint him as a guardian (hereinafter referred to as the application);

b) a certificate from the place of work indicating the position and average salary for the last 12 months, and for citizens who are not in labor relations, another document confirming income (for pensioners - copies of a pension certificate, certificates from the territorial body of the Pension Fund of the Russian Federation or other body providing pensions);

c) an extract from the house (apartment) book from the place of residence or another document confirming the right to use the residential premises or the ownership of the residential premises, and a copy of the financial personal account from the place of residence;

d) a certificate from the internal affairs bodies confirming that the citizen who has expressed a desire to become a guardian does not have a criminal record for an intentional crime against the life and health of citizens;

e) a medical report on the state of health based on the results of an examination of a citizen who has expressed a desire to become a guardian, issued in the manner established by the Ministry of Health and Social Development of the Russian Federation;

f) a copy of the marriage certificate (if the citizen who has expressed a desire to become a guardian is married);

g) the written consent of adult family members, taking into account the opinion of children who have reached the age of 10, living together with a citizen who has expressed a desire to become a guardian, to accept a child (children) in a family;

h) certificates of compliance of residential premises with sanitary and technical rules and regulations issued by the relevant authorized bodies (issued at the request of the guardianship and guardianship authority free of charge);

i) a document confirming the training of a citizen who has expressed a desire to become a guardian, in the manner prescribed by these Rules (if any);

j) autobiography.

The provisions of Art. 155 of the RF IC, which was called "Maintenance of a child (children) transferred to a foster family" are essentially set out in paragraph 2 new article 153.1 of the RF IC, according to which the amount of remuneration due to adoptive parents, the amount Money for the maintenance of each child, as well as measures of social support provided to a foster family, depending on the number of children taken for upbringing, are determined by the agreement on the foster family in accordance with the laws of the constituent entities of the Russian Federation.

Thus, the legislator leaves the decision of this issue to the subjects of the Federation. This was done, apparently, because the standard of living in different subjects varies, and, accordingly, the amounts paid as remuneration to guardians and trustees, as well as the amount of money for the maintenance of each child, will differ.

And articles 152 and 153 of the RF IC are set out in a new edition. In Art. 152 defines a foster family. In particular, it is emphasized that under the foster family is recognized guardianship or guardianship of a child or children, carried out under a foster family agreement concluded between the guardianship and guardianship authority and the adoptive parents or foster parent for the period specified in this agreement. It also states that the provisions of the RF IC on guardianship and guardianship, as well as the norms of civil law on the contract for the provision of services for compensation, are applied to relations arising from an agreement on a foster family, insofar as this does not contradict the essence of such relations 11 Grishaev S. P. New in the legislation on foster families // Citizen and Law. 2010. No. 12. P.14. .

So, the foster family is a temporary, professional, family form arrangements for children left without parental care, which provides for the payment of wages for foster parents (spouses or individual citizens who have taken children in for upbringing) and state maintenance of children.

The recognition of a foster family as a kind of guardianship and guardianship naturally entails the conclusion that Ch. 20 of the UK, dedicated to guardianship and guardianship. However, the foster family and guardianship (guardianship) do not coincide in everything. They have different reasons for the emergence, termination. And if the work of a guardian (custodian) over a minor is not paid, it is not counted in seniority necessary to receive a pension, then the parent-educator in the foster family receives remuneration in the form of wages for his work. The number of children in a foster family is limited, but there are no restrictions on guardianship (guardianship), etc. But the purpose of the foster family and guardianship (guardianship) is the same - to replace the family. Therefore, here guardianship (guardianship) and foster family are similar in essence. But practically abandoned children, who do not have relatives, as a rule, do not know their parents, get into a foster family, and they are taken under guardianship (guardianship) mainly by people close to them.

The procedure for creating a foster family is determined by the Rules for creating a foster family and monitoring the living conditions and upbringing of a child (children) in a foster family, approved by Decree of the Government of the Russian Federation of May 18, 2009 N 423. When considering the possibility of a person (persons) to become foster parents (parent ) the body of guardianship and guardianship takes into account his personal qualities, state of health, ability to fulfill the duties of raising a child, relationships with other family members living together with them. When accepting a child with disabilities for upbringing, the act of the guardianship and guardianship authority on the appointment of a foster parent (parents) indicates that the person (person) has the necessary conditions for this.

Persons wishing to take a child (children) for upbringing in a foster family submit an application to the guardianship and guardianship authority at their place of residence with a request to give an opinion on the possibility of 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 declaration certified in the prescribed manner;

A document confirming the availability of housing for a person (persons) wishing to take a child (children) to be raised in a foster family (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 the ownership of the residential premises);

Medical certificate of a medical institution on the state of health of a person (persons) wishing to take a child to be raised in a foster family.

The procedure for their medical examination is determined by the Ministry of Health and Social Development of Russia. Based on the results of the examination carried out by the guardianship and guardianship authorities, an act is drawn up with a conclusion on the possibility of becoming a foster parent.

Individuals wishing to become foster parents are provided with information about the child they want to adopt into their family, after which they are given a referral to visit him. With consent to the transfer of a child to a foster family after providing all the necessary documents for the adoptive parent and the minor, it is drawn up. After the conclusion of the contract, the foster family begins to act under the control of the guardianship and guardianship authorities.

In summing up, we note that the foster family should be considered in two qualities. Firstly, as one of the independent institutions of family law, which is a set of legal norms united in Chapter 21 of the RF IC and aimed at regulating relations in the organization and activities of the foster family, the rights and obligations of its subjects at various stages of its formation, ultimately having as their main goal the placement of children left without parental care in the families of citizens, ensuring their rights and legitimate interests by foster parents, as well as providing them with other necessary assistance. Secondly, how: a form of placement of orphans and children left without parental care in families. In this capacity, the foster family should be understood as the organization of the life of such children in the conditions of family education and the provision of the foster child with the necessary material and other resources by the parents-educators and guardianship and guardianship authorities.

1.2 Kindsreceptionfamilies

The foster family is the newest form of placement in Russian legislation for orphans and children left without parental care. The period of existence of the foster family from 1996 to the present can be characterized as its introduction and development. When developing and implementing this form of placement for orphans and children left without parental care, the legislator proceeded only from the general conditions for its creation and operation. Over the past period, the foster family has acquired features associated with its activities. One of these features is the emergence in practice of two varieties (legal models) of the foster family.

The first model of a foster family is, in fact, a paid form of guardianship and guardianship 11 Grishaev S.P. New in the legislation on foster families // Citizen and Law. 2010. No. 12. P.14. . At the same time, the relationship that arises in a foster family is more similar to the relationship that arises when a child is adopted. Foster parents understand and accept the foster family as an ordinary family, and the adopted child (children) as a son or daughter 22 Public policy: the experience of Russian regions in the social protection of families and children. M., 2009. S. 39. . A feature of this model of a foster family is that foster parents usually take 1-2 children to raise, continue to work, i.e. raising a foster child is not their only (main) source of income. Such adoptive parents aim to raise one or two children at most from a young age to adulthood. At the same time, when foster children reach the age of 18, foster parents try to maintain personal relationships with them.

This model of a foster family, which can be called an ordinary, or, what is the same, a contractual, foster family, is focused on the long-term upbringing of an orphan child, and, as a rule, foster parents do not intend to take foster children in the future. In this situation, adoptive parents consider the performance of their duties as the implementation of guardianship (guardianship) over a child left without parental care, but on certain contractual terms with the guardianship and guardianship authority.

The second model of the foster family (specialized) is, in fact, a "hybrid" of the orphanage and the family. Foster parents treat the performance of their duties as a job, and the foster family is understood and treated as Orphanage family type. A feature of this model of a foster family is that foster parents, as a rule, take in at least 5-6 children for upbringing, and when the adopted child (children) leaves, they take others in for upbringing.

Activities for the upbringing of foster children is the main work for such adoptive parents. They correlate their activities in raising foster children with the activities of educators in orphanages and boarding schools.

Accordingly, these parents consider themselves to be teachers and believe that they should be provided with appropriate guarantees and benefits.

Taking into account the peculiarities of the foster family models that have developed at the moment, a different approach is also needed to regulate relations that arise between foster parents and the guardianship and guardianship authority. It seems that in order to distinguish between the above models of foster families, the improvement and modernization of family-type orphanages, it is necessary to provide in the legislation for the possibility of creating foster families of two types. As criteria for distinguishing between types of foster families, the following were taken: 1) the number of children transferred for upbringing to a foster family; 2) legal status of adoptive parents.

In accordance with the peculiarities of the first type of foster family, the legal relations that arise between foster parents and the guardianship and guardianship authority are proposed to be regulated by civil law and called such a family a foster family. Children should be transferred to it for upbringing on the basis of an agreement on the transfer of a child for upbringing to a foster family, which, by its legal nature, is a civil law contract for the provision of services for compensation. Adoptive parents should be subject to the norms of the Civil Code of the Russian Federation, the RF IC and other regulatory legal acts that establish the rights, duties and responsibilities of guardians (trustees). It is advisable to transfer no more than four children to an ordinary foster family, taking into account that the total number of children including relatives and adopted children, did not exceed six people. To pay for the maintenance of foster children monthly allowance in the amount determined in accordance with the Decree of the Government of the Russian Federation. Subject to the payment of insurance premiums to the Pension Fund of the Russian Federation, the time of caring for an adopted child (children) should be included in the insurance (general labor) experience. Fulfillment by foster parents of their duties is considered as the provision of a paid service, and remuneration - as a reward for the service rendered. For the unit of account for determining the amount of wages for adoptive parents, take the minimum wage established in the Russian Federation.

In accordance with the peculiarities of the second model of the foster family, the legal relations that arise between foster parents and the guardianship and guardianship authority are proposed to be regulated by labor legislation and to call such a family a specialized foster family. The creation of a specialized foster family is carried out on the basis of a decision of the guardianship and guardianship body, if both spouses wish to take up at least five children. Transfer children for upbringing to a specialized foster family on the basis of a decision of the guardianship authority. At the same time, the total number of children transferred for upbringing to such a foster family should be at least five, but not more than ten, and taking into account minor relatives and adopted children - no more than twelve people (by analogy with a family-type orphanage) 11 Zubarev O.G. Legal nature of the agreement on the implementation of guardianship or guardianship // Legislation 2011. No. 3. S. 53. . Registration of relations between the body of guardianship and guardianship and foster parents is carried out on the basis of an employment contract. The rights and obligations of adoptive parents are to be fixed in the job description. Adoptive parents are considered freelancers of the guardianship and guardianship body 22 Vaskin V.V. Some issues of legal regulation of the disposal of property of persons under guardianship and guardianship // Housing Law. 2010. No. 2. P.80. . The fulfillment of their duties by them should be considered as the fulfillment of their labor duties for the upbringing of orphans and children left without parental care. The terms of remuneration, the provision of annual leave, as well as benefits and guarantees established for employees of educational institutions for orphans and children left without parental care shall be extended to adoptive parents of specialized foster families. The time of caring for an adopted child (children) should be included in the insurance (labor) length of service, which gives the right to receive an early old-age pension as teachers. For the unit of account for determining the amount of remuneration for foster parents, take the corresponding category of the Unified Tariff Scale for Remuneration of Employees of Public Sector Organizations, established for educators of educational institutions for orphans and children left without parental care, taking into account the work experience and qualifications of foster parents.

In view of the foregoing, it is proposed to introduce a number of changes and additions to the current legislation, including:

Art. 152 of the RF IC and state it in the following edition:

A foster family is formed on the basis of an agreement on the transfer of a child (children) for upbringing to a foster family, concluded between the guardianship and guardianship authority and foster parents who wish to take up from one to four children (foster family), or on the basis of a decision of the guardianship and guardianship authority if foster parents with pedagogical education wish to take up five to ten children (specialized foster family).

If less than five children are left in a specialized foster family, the guardianship and guardianship body is obliged to make a decision on the termination of its functioning within a month, and foster parents have the right to take the child (children) to be raised in a foster family on the basis of an agreement.

Thus, when improving the legislation governing the institution of a foster family, by introducing two types of foster families, the institution of a foster family will be brought into line with the models of foster families that have developed in practice. At the same time, the problem of industry affiliation and the content of legal relations that arise between foster parents and the guardianship and guardianship authority will be resolved, and the approach of the constituent entities of the Russian Federation to establishing the amount of wages for foster parents and the guarantees and benefits provided to them will be specified.

2. Legalpositionreceptionparentsandreceptionchildreninreceptionfamily

2. 1 Requirementstoreceptionistsmparents,themrightsandresponsibilities

In jurisprudence, under the legal status, as a rule, it is customary to understand the system of rights and obligations that are granted to the individual by law. According to this definition, the legal status of a foster parent should be understood as a certain set of rights and obligations provided for by the legislation of the Russian Federation, which are necessary and sufficient for the upbringing, education, material support of a foster child, as well as the protection of his rights and legally protected interests as a legal representative in all areas and before all third parties (natural and legal), which he acquires in connection with the conclusion of an agreement on the transfer of a child to a foster family. The moment of acquisition of rights and obligations by the parent-educator is the moment of conclusion of the specified agreement.

An agreement on the transfer of a child to a foster family is an agreement concluded in favor of a third party. Accordingly, three of its participants, namely: the body of guardianship, the parent-caregiver and the foster child, become bearers of mutual rights and obligations that are realized in the process of the foster family's activities. In this regard, considering the legal status of a foster parent, we can say that it consists of rights and obligations, on the one hand, in relation to the guardianship and guardianship authority, and on the other hand, a minor child accepted for upbringing.

Art. 153 RF IC defines the requirements for adoptive parents. In fact, these requirements are similar, as follows from the content of paragraph 1, which refers to the provisions of Art. 146 of the UK, Civil Code, the Law on guardianship and guardianship, with the requirements imposed by law on the identity of guardians (custodians) of minor children. 11 Zubareva O.G. Legal nature of the agreement on the implementation of guardianship or guardianship // Legislation 2011. No. 3. S. 84.

Foster parents in accordance with paragraph 1 of Art. 153 RF IC and Art. 146 of the UK can be adult capable persons of both sexes, both married and unmarried, capable of raising children and creating conditions for their all-round development. At the same time, persons who are not married to each other cannot be adoptive parents of the same child. At the same time, priority among candidates for foster parents of paragraph 1 of the commented article, obviously, is given to spouses.

The UK (Article 146) and the Civil Code (Article 35) establish 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. They include:

a) citizens recognized by the court as incapable due to a mental disorder, as a result of which they cannot understand the meaning of their actions or manage them (Article 29 of the Civil Code), or recognized as having limited legal capacity due to the abuse of alcohol or drugs, in connection with which they put their a family in a difficult financial situation (Article 30 of the Civil Code);

b) persons deprived of parental rights by a court or restricted by a court in parental rights;

c) persons removed from the duties of a guardian (custodian) for improper performance of the duties assigned to them by law, including when they use guardianship (guardianship) for personal gain or when leaving the ward without supervision and necessary assistance (paragraph 3 of article 39 of the Civil Code );

d) former adoptive parents, if the adoption is canceled by the court due to their fault (in case of evasion of the adoptive parents from fulfilling the duties of parents assigned to them, abuse of parental rights, abuse of adopted children, or if the adoptive parents are ill with chronic alcoholism or drug addiction);

e) persons suffering from chronic alcoholism or drug addiction;

f) persons who, due to health reasons, cannot perform the duties of raising children. The list of diseases in the presence of which a person cannot take a child to be raised in a foster family was approved by Decree of the Government of the Russian Federation of May 1, 1996 N 542. wishing to become foster parents, approved by order of the Ministry of Health of the Russian Federation of September 10, 1996 N 332 "On the procedure for medical examination of citizens who wish to become adoptive parents, guardians (trustees) or foster parents";

g) persons who, at the time of establishing guardianship or guardianship, have a criminal record for an intentional crime against the life or health of citizens (clause 2, article 35 of the Civil Code).

The selection and preparation of adoptive parents in accordance with paragraph 1 of the commented article is carried out by the guardianship and guardianship authorities in compliance with the requirements established by the Civil Code, the Law on Guardianship and Guardianship and Art. 146 SK, i.e. requirements for the selection and training, as well as for the identity of the guardians (custodians) of minors.

In accordance with paragraph 10 of part 1 of Art. 8 of the Law on Guardianship and Custody Rules for the selection, registration and training of citizens who have expressed a desire to become guardians or trustees of minor citizens or to accept children left without parental care into a family for upbringing in other forms established by the family legislation of the Russian Federation, approved by a decree of the Government of the Russian Federation of May 18 2009 N 423.

The procedure for selecting adoptive parents is as follows. Persons wishing to take a child (children) for upbringing in a foster family submit an application to the guardianship and guardianship authority at the place of residence with a request to appoint them as adoptive parents. The following documents are attached to the application: a certificate from the place of work indicating the position and the average salary for the last 12 months, and for citizens who are not in labor relations, another document confirming income (for pensioners - copies of a pension certificate, certificates from the territorial body of the Pension Fund of the Russian Federation or other body providing pensions); an extract from the house (apartment) book from the place of residence or another document confirming the right to use the dwelling or the right to own the dwelling, and a copy of the financial personal account from the place of residence; a certificate from the internal affairs bodies confirming that citizens who have expressed a desire to become foster parents have no convictions for an intentional crime against the life and health of citizens; a medical report on the state of health based on the results of an examination of citizens who have expressed a desire to become foster parents, issued in the manner established by the Ministry of Health and Social Development of the Russian Federation; copy of marriage certificate (if married); written consent of adult family members, taking into account the opinion of children who have reached the age of ten, living together, to accept a child (children) in a family; certificates of compliance of residential premises with sanitary and technical rules and regulations issued by the relevant authorized bodies (issued at the request of the guardianship and guardianship authority free of charge); a document on the training of citizens who have expressed a desire to become foster parents (if any); autobiography. In addition, persons applying for appointment as adoptive parents must present a passport or other identification document 11 Pchelintseva L.M. Commentary on the Family Code of the Russian Federation. - 6th ed., Revised. and additional - "Norma: INFRA-M", 2011, p. 40. .

When considering the issue of the possibility of persons (persons) to become foster parents (adoptive parent), the guardianship and guardianship authority, within seven days, conducts an examination of their living conditions, during which it takes into account their personal qualities, health status, ability to fulfill the duties of raising a child , relationships with other family members living together with them, as well as, if possible, the desire of the child himself (clause 2, article 146 of the UK; clause 5 of the Rules for creating a foster family). The criteria by which the body of guardianship and guardianship should evaluate the ability of persons to fulfill the duties of foster parents are not defined by the UK and the Rules for creating a foster family, which implies the need individual approach to address this issue on a case-by-case basis.

The results of the examination of the living conditions of citizens who wish to become foster parents are reflected in the act, which is drawn up within three days from the date of the examination, signed by the authorized specialist of the guardianship and guardianship body who conducted the check, and approved by the head of the guardianship and guardianship body. On the basis of the examination report, the guardianship and guardianship authority, within 15 days from the date of submission of all necessary documents, makes a decision (gives an opinion) on the possibility of applicants to be foster parents (or on appointment as foster parents) or a decision to refuse this, indicating the reasons for refusal. The survey report may be challenged by the applicants in court.

If persons express a desire to raise a child with disabilities, the act of the guardianship and guardianship authority on the appointment of foster parents indicates that the foster parents have the necessary conditions for this (clause 6 of the Rules for creating a foster family).

The conclusion of the guardianship and guardianship authority (in the form of an act) 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 a refusal based on it to conclude an agreement on a foster family is sent (delivered) by the guardianship and guardianship authority to the applicant within three days from the date of its signing. At the same time, all submitted documents are returned to the applicant and the procedure for appealing the conclusion is explained.

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Features and content of the method of private law regulation. Activity of the state in the field of legal regulation of property and personal non-property relations. Interpretation of legal norms. Equality and legal freedom. subject of civil law.

Historically, there have been several ways of socializing orphans and children left without parental care:

State care;

Adoption by Russian and foreign citizens;

Living arrangements in foster families.

Analysis of foreign and domestic historical experience social assistance children left without parental care shows that fostering in a foster family is the most effective, since it is characterized by continuity, duration, stability, the ability to ensure the safety and security of the child.

A substitute family is a form of family life arrangement for a child who has lost contact with the biological family, which is close to the natural conditions of life and education, provides the most favorable conditions for his individual development and socialization.

The purpose of a foster family is to ensure the upbringing of minor children who, due to the death of their parents or deprivation of their parental rights, illness or other reasons, are left without parental care, as well as to protect the personal and property interests of these children.

Therefore, the foster family is called upon to solve a whole range of tasks:

1. Creation of favorable conditions conducive to the development and socialization of the child within the framework of the age norm.

2. Preparing the child for future independent activities.

3. The expansion of his social contacts, the establishment of individual communication between adults and a foster child as the basis for all subsequent correctional and pedagogical work (6; 26).

Over the past decades, several types of foster families have developed: adoption, guardianship / guardianship, foster and foster families.

A foster family in relation to a foster child performs a variety of functions: developing, educating, socializing, rehabilitating, and is designed to make up for the shortcomings of his emotional, sensory, social information, eliminate his lags, and restore personal well-being.

Adoption (adoption)- the most preferred type of foster family, which involves the placement of children who have lost parental care, in which the child is legally fully equated with his own children, acquires parents in the person of adoptive parents and a family of his own. Adoptive parents who voluntarily assume the entirety of the obligations imposed by law on parents are equated to them in all respects and endowed with the same rights.

Adoption is carried out by the court at the request of persons (persons) wishing to adopt a child. Adoptive parents may be adults of both sexes, with the exception of persons recognized by the court as incapable or with limited capacity; deprived by court of parental rights or limited in them; former adoptive parents; persons suspended from the duties of a guardian for ill-treatment or failure to fulfill the duties assigned to them by law; persons with tuberculosis diseases of all forms of localization, internal organs, nervous system, musculoskeletal system in the stage of decompensation, oncological, mental diseases; persons suffering from drug addiction, substance abuse, alcoholism, as well as persons with disabilities of groups I and II, excluding the ability to work.

An adoptee may be a person under the age of 18. The age difference between the unmarried adopter and the adopted child must be at least sixteen years.

For the adoption of a child, the consent of his former parents is required, if they are alive and not deprived of parental rights. If the parents of the child have not reached the age of 16, then the consent of their parents (guardians) or the guardianship and guardianship authority is also required. The consent of the parents is not required if they are unknown or recognized by the court as missing, deprived by the court of parental rights, for more than six months, for disrespectful reasons, do not live together with the child and evade his upbringing and maintenance. From the age of ten, the child's opinion on all issues of adoption is clarified, which is taken into account when making a decision.

Adoptive parents should be aware in advance of the state of health of the child, and if he has any deviations from the norm - about the causes of the disease and its consequences. possible consequences. To this end, each child placed for adoption is examined by an expert medical commission, which issues an appropriate conclusion. At the request of the adoptive parents, an independent examination of the child is possible. If he is recognized as sick, permission for his adoption is given only when it is established that the adopter voluntarily and quite consciously assumes the responsibility for his upbringing.

The fact of adoption is established from the date of the decision by the court and is subject to state registration in the registry office. At the request of the adoptive parent, the child can be changed last name, first name, patronymic, place of birth and date (but not more than three months and when adopting a child under the age of one year). This is recognized as necessary to maintain the secrecy of adoption, after which the legal relationship of a minor child with former parents is completely terminated. The adopter becomes the owner of all rights and obligations in relation to the child, without receiving any additional benefits, except for those that would be due to the parent (28).

Adoption may be canceled if the adoptive parents evade their duties, abuse their rights, abuse the child, suffer from chronic alcoholism or drug addiction. The right to demand the annulment of an adoption is former parents the child, his adoptive parents, the guardianship and guardianship authority, the prosecutor, and the child himself upon reaching 14 years of age. Cancellation of adoption is carried out only in court (6; 26).

Adoption is divided into open and closed.

When open, substitute parents do not hide from the child and others the fact that there is no consanguinity between them.

As the experience of working with adoptive parents and statistical data show, Russian adoptive parents, for the most part, are supporters of closed adoption, that is, they enjoy the right of secrecy of adoption, both in relation to society and the adopted child. There are cases when adoptive parents imitated pregnancy, not only for neighbors, friends, but also for their closest relatives in order to protect themselves, the family, the adopted child from the social environment.

It should also be emphasized that adoption is a complex and controversial process that goes through a number of stages. It starts with primary accounting children left without parental care. Information about such children is put on a centralized record if these children are not yet placed in families or are in institutions of all types for orphans and children left without parental care. Such a child is registered by the guardianship and guardianship authorities “at the municipal level” in the register of primary registration of such children, and within one month this body attempts to place such a child for upbringing in a family (for adoption, under guardianship, in a foster family).

Next stage - regional account. Based on the reports received from the guardianship and guardianship authorities, the relevant executive authority of the subject of the Russian Federation forms a regional data bank on children living in the territory of this subject. Within one month from the date of receipt of the said information, the authority of the subject of the Russian Federation organizes the placement of the child in the family of citizens living on its territory, selects children for persons who have expressed a desire to take the child into the family.

Another stage is federal accounting such children. Having received information about the child from the guardianship and guardianship authority, the relevant executive authority of the constituent entity of the Russian Federation sends a copy of the questionnaire and a photograph of the child to the Ministry of Education of the country for federal registration and assistance in the subsequent placement of the child in a family of citizens of the Russian Federation permanently residing in this territory.

For at least three months, regional services and the department for the social protection of children and the protection of their rights of the Ministry of Education of the Russian Federation have been trying to place children for upbringing in families.

Persons wishing to adopt a child apply to the guardianship and guardianship authority (department of education or other service entrusted with the protection of children's rights) at their place of residence in order to obtain a conclusion that they are appropriate candidates for adoptive parents. To do this, they submit the following documents: a passport, certificates from the place of work on the amount of wages, a certificate of occupied space or a copy of the income statement, a copy of the financial personal account from the place of residence, a copy of the marriage certificate, a medical report on the state of health.

A child protection specialist, in a personal conversation with candidates for adoptive parents, identifies the motives for adoption, the presence of family members suffering from diseases that may adversely affect the health and upbringing of the child. A child protection specialist visits the families of prospective adoptive parents, draws up an act of examination of their living conditions and gives an opinion on the possibility of their adoption of a child.

Thus, the selection of adoptive parents at present, by virtue of the current legislation, is carried out taking into account the following requirements: health each future parent, not contradicting the list of diseases approved by the Government of the Russian Federation; well-being(economic, psychological, social) of adoptive parents and their families; a wish have a child and need take care of him.

Individuals who have received a determination that they are eligible adoptive parents may begin selecting a child for adoption. The guardianship and guardianship authority issues them a referral to the appropriate children's institution. If candidates for adoptive parents could not pick up a child in the district (city) at their place of residence, they have the right to apply to any regional or Federal data bank on children.

After the candidates for adoptive parents have selected a child for adoption (they have met and established contact with him, familiarized themselves with the documents of the adopted child), they submit an application to the court with a request for adoption. The application must contain information about the adoptive parents themselves, about the children they wish to adopt, their parents, a request for possible changes (last name, first name, patronymic, date and place of birth) in the birth record of the adopted children with an attachment to the application of the necessary documents (6; 26; 27).

When the court satisfies the request for adoption, the mutual rights and obligations of the adoptive parents and the adopted child shall be established from the date of entry into force of the court decision on establishing the adoption of the child. The fact of adoption is subject to mandatory registration with the registry office at the place where the decision to establish adoption was made.

The next step in the adoption of children left without parental care will be the adoption of the child into the family and the adaptation of its members to each other and the new status. This is the most difficult and crucial moment of the adoption process, since the further development of the relationship between adoptive parents and children depends on how successful it will be.

For the effectiveness of the process of adopting a foster child into a family, the special position of parents, the ability on their part to be guided by a sense of proportion is important. Otherwise, there is a great danger of serious conflicts. If during the period of accepting a child into a family, his need for love and security is not satisfied, then children grow up with the feeling that they are superfluous, unnecessary, they are preferred to others. Then children move away from adults.

The success of the adopted child's adaptation to the family and new social roles ensures that the adoptive parents know the potentials of his age, master the methods of education and development, the ability to objectively assess the situation and build conflict-free communication. The most important rules which should be guided at this stage: a tolerant attitude towards the child, providing him with a sense of security, a reasonable combination of his freedom and independence, giving yourself and the child time to make the right decision to change a difficult life situation.

Adoption (adoption) of children of this category can be carried out not only by Russians, but also by foreign citizens.

In Russia, most of the adoptions of children by persons living abroad and not having Russian citizenship are successful. However, there are facts of unsuccessful adoption, when it is canceled in court. As a result, the parties returned to their original position: the children, as a rule, went to their orphanage with the surnames and often given names that they had before adoption, and the adoptive parents again became “childless” spouses. Experience shows that the largest number of adoption cancellations occur in teenage years adopted children. It is typical for adoptive parents to associate the negative behavior of the child in this period of growing up only with his unfavorable heredity. There are adoptive parents who do not realize what a difficult task they have decided to undertake when adopting a child. Therefore, the court, considering the adoption case, determines the degree of guilt of the adoptive parents that the adoption did not take place, and, based on the interests of the child, has the right to oblige the former adoptive parent to pay funds for his maintenance.

Thus, adoption / adoption is the adoption of a child into the family on the basis of blood rights with all the ensuing rights and obligations. Adoption is a priority form of placement of children, because:

Allows the child to feel like a full member of the family;

All relations and inheritance rights are preserved, including those upon leaving a minor;

It is possible to give the child the surname of the adoptive parent, change the name, patronymic, place and, in some cases, date of birth.

Adoption can be issued for one person or for spouses. It takes longer to process than guardianship (guardianship), as it requires approval by a civil court. Under it, the state does not provide any assistance to adoptive parents, with the exception of providing postpartum leave and payments in connection with the birth of a child in the event that an infant is adopted and the most stringent requirements.

It should also be remembered that not every child deprived of parental care can be adopted and the secrecy of adoption (adoption) is protected by law.

Guardianship/guardianship is one of the varieties of a substitute family, which involves family life arrangement for orphans and children left without parental care, for the purpose of their maintenance, upbringing and education, as well as for the protection of their rights and interests. Guardianship is established over children under the age of 14; guardianship - over children aged 14 to 18 years. Obligations for guardianship (trusteeship) are performed free of charge. For the maintenance of the child, the guardian (custodian) is paid monthly funds in the manner and amount established by the Government of the Russian Federation.

The rights and obligations of the guardian for the upbringing of the ward, related to the mental, spiritual, moral development of the child, with the determination of the methods of his upbringing, the choice educational institution, ensuring the communication of the child with his parents, close relatives, do not depend on the degree of maturity of the ward, but each time are determined by pedagogical expediency.

The citizen informs about his intention to become a guardian (custodian) in an application addressed to the guardianship and guardianship authority at the place of registration of guardianship (guardianship).

The documents required for the establishment of guardianship (trusteeship) are accepted by a child protection specialist who prepares a draft resolution of the guardianship and guardianship body on the appointment of a guardian (trustee). The resolution is issued by the head of the local administration alone, adopted for execution by all legal entities, individuals, valid throughout the entire territory of the Russian Federation.

Establishment of guardianship (guardianship) is carried out within 1 month from the moment when the guardianship and guardianship authorities became aware of the need to place a child. After the commission of this act, the guardian (custodian) is issued a guardian's certificate, a personal file of the ward is opened, where all documentation on guardianship (trusteeship), as well as acts of examination of the living conditions of the ward, are stored.

Only capable persons of full age may be appointed as guardians (trustees) of children, taking into account the moral and other personal qualities of the guardian (trustee), his ability to perform the duties of a guardian (trustee), the relationship between the guardian (trustee) and the child, the attitude of family members of the guardian towards the child (trustee).

Persons suffering from chronic alcoholism or drug addiction, persons suspended from the duties of guardians (trustees), persons with limited parental rights, former adoptive parents, if the adoption is canceled due to their fault, as well as persons who, for health reasons cannot fulfill the duties of raising a child (health criteria are the same as for adoption).

A guardian or custodian may adopt his or her ward. Adoption by other persons is also not excluded if this is done in the interests of the child. In any case, as a result of the adoption of a ward, his family legal status changes, and guardianship (guardianship) is terminated.

In contrast to adoption, when transferring to guardianship (trusteeship), the desire or unwillingness of a minor to have an applicant as his guardian (trustee) has no legal significance, regardless of his age. However, it is important to have an idea of ​​​​the true roots of the existing hostility to a possible guardian (trustee) and try to overcome them, since a teenager usually strives for independence and has a poor idea of ​​​​how his life will turn out if there is no person nearby who protects his rights and interests (6; 26 ; 26; 28).

The upbringing of a minor by a guardian (custodian) implies the existence of direct and constant contact between the pupil and the educator, even if their place of residence is registered at different addresses. Therefore, according to general rule they should live together.

An exception is made only for adolescents who have reached the age of 16, which requires the consent of the guardianship and guardianship authorities, provided that separation does not adversely affect the upbringing and protection of the rights and interests of the ward.

The material base of the ward is the alimony received by him, which is paid to his guardian (custodian). If child support is not paid, the guardian (custodian) must take steps to collect it from the child's parents. Refusal to receive alimony for minor children is not allowed. The conditions of detention of the ward facilitate various kinds of benefits, including free pass in public urban and suburban transport (except taxis) on the basis of a single ticket.

The body of guardianship and guardianship carries out constant supervision over the activities of guardians (custodians) with the help of control checks carried out by this body at least 2 times a year. Supervision over the fulfillment of the duties of a guardian (custodian) is combined with the provision of various kinds of assistance to him in educating the ward, improving his life, material support, etc.

Guardianship ends when the minor ward reaches 14 years of age. In such cases, the guardian automatically becomes a trustee without any additional decision in this regard. Guardianship of a minor is terminated without a special decision when the ward reaches 18 years of age, as well as in the event of his marriage or emancipation (economic independence). In addition, guardianship and guardianship may cease to exist as a result of the release or removal of the guardian (custodian) from the performance of his duties.

Since the loss of parental care is not always permanent, there may be a problem of releasing the guardian (custodian) from his obligations. This happens, for example, when parents (one of them) return from places of deprivation of liberty, restore their health, change their way of life for the better, etc. always in the best interests of the child. Therefore, such a return cannot be made automatically. The emergence of a dispute between a parent not deprived of parental rights and a guardian (custodian) is not excluded. If the parents (one of them) refuse to file a claim, guardianship (guardianship) is preserved. After the claim of the parents (one of them) is satisfied, guardianship (guardianship) is terminated from the moment the court decision enters into force.

Sometimes the guardian (custodian) cannot cope with his duties for objective or subjective reasons. In these cases, the child may be placed in a children's educational or medical institution, an institution of social protection of the population. If the ward, by decision of the body of guardianship and guardianship, is transferred here to full state care, the guardianship (guardianship) that existed before is terminated. The fulfillment of the duties of a guardian (custodian) in such cases is assigned to the administration of the children's institution.

A guardian (custodian) cannot unreasonably refuse to take care of a child. But if valid reasons (serious illness, disability, difficult family circumstances, etc.) do not make it possible to properly perform guardianship duties, then the request of the guardian (custodian) to release him from previously assumed obligations is subject to satisfaction, and guardianship (guardianship ) is terminated on the basis of a special decision of the body of guardianship and guardianship. If in such cases it is impossible to find another guardian (custodian), the guardianship and guardianship body is called upon to help him overcome obstacles in the implementation of the current guardianship (guardianship).

From the termination of guardianship (trusteeship) by releasing the guardian (custodian), one should distinguish his removal from the performance of his duties. Anyone who does not want to take care of the ward, protect his rights and interests, or perform guardianship duties is subject to removal. The absence of any efforts of the guardian (custodian) aimed at caring for the minor in any of its manifestations, as well as the commission of acts that are contrary to the interests of the ward, oblige the guardianship and guardianship authorities to remove such a guardian (trustee) and issue an appropriate decision. In this case, it does not matter whether or not the negative consequences of the unlawful behavior of the guardian (custodian) have occurred or not.

The same must be done if the guardian (custodian) leaves the ward without supervision and necessary assistance. In such cases, the body of guardianship and guardianship not only removes the guardian (custodian), but also has the right to send all available materials to the prosecutor. For non-fulfillment or improper fulfillment of duties for the upbringing of a ward child, if this is expressed in abuse with a child, a guardian (custodian) may be involved in criminal liability(Article 156 of the Criminal Code).

Thus, the technology of establishing guardianship (guardianship) includes several stages: establishing guardianship (guardianship), accompanying a family with a child under guardianship, sometimes adopting a ward, terminating guardianship (guardianship).

Guardianship and guardianship are closely related to each other. In both cases we are talking about persons incapacitated or partially capable. The rules governing guardianship and guardianship are set out in the same legislative acts, and the same government bodies- bodies of guardianship and guardianship. Also common is the procedure for the selection and appointment of guardians, their obligation to protect the rights of their wards.

However, there are certain differences between guardianship and guardianship. Guardianship is appointed over incompetent citizens, guardians carry out all legal actions on their behalf. The trustee is only an assistant to his ward.

The advantage of this type of foster families lies in the possibility for a child left without parental care to retain blood ties, the child retains his last name, first name, patronymic, and blood parents are not relieved of the obligation to take part in the maintenance of their child. The guardian has almost all the rights of a parent in matters of upbringing, education, maintenance of the child, and responsibility for the child. The state pays monthly funds for the maintenance of the child, in accordance with the standard established in the region. Guardianship authorities are obliged to exercise regular control over the conditions of maintenance, upbringing and education of the child. Often guardianship is used as an intermediate form to adoption (6; 26).

Among the main features of guardianship (trusteeship) are:

Guardianship is established by the decision of the head of local government, as a result of which it is issued faster than adoption, since a court decision is not required;

Only one person can be appointed as a guardian;

A ward is paid a monthly allowance, assistance is provided to the guardian in organizing education, recreation and treatment of the ward;

Upon reaching the age of 18, a ward is allocated housing, if such was not assigned to him for objective reasons;

Less stringent requirements for a candidate for guardians in terms of income, housing conditions, certificates of no criminal record are required;

The child has the status of a foster child and, at an older age, may feel that he does not fully belong to the guardian's family;

It is not excluded the intervention of the guardianship and guardianship authority or the appearance of an applicant for the adoption of a child;

There is no secret transfer of the child under guardianship and contacts with the blood relatives of the child are possible;

Changing the name of a child is very difficult, changing the date of birth and recording the guardian in the birth certificate as a parent is impossible.

Foster family is another type of foster families, which involves the placement of orphans and children left without parental care, on the basis of an agreement between the guardianship and guardianship authorities and foster parents on the transfer of the child (children) for upbringing (by spouses or individual citizens who wish to take children for family upbringing) for the period established by the contract.

According to the Regulations on the foster family, approved by the Government of the Russian Federation in 1996, such a family should have no more than 8 children. Foster parents act as educators and receive payment for their work. Guardianship and guardianship authorities are obliged to provide foster families with the necessary assistance, to contribute to the creation of normal conditions for the life and upbringing of children, and also have the right to exercise control over the fulfillment of the duties assigned to foster parents for the maintenance, upbringing and education of children.

Persons (spouses or individual citizens) who wish to take up a child (children) left without parental care are called adoptive parents; their family is a foster family, and the child (children) transferred to a foster family for upbringing is a foster child (s) (6; 26; 35).

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.

Adoptive parents can be spouses, as well as individual citizens who wish to adopt a child or children for upbringing. Individuals who are not married to each other cannot be adoptive parents of the same child.

The selection and preparation of adoptive parents is carried out by guardianship and guardianship authorities in compliance with the requirements established by the Civil Code of the Russian Federation, the Federal Law "On Guardianship and Guardianship", which entered into force on September 1, 2008, as well as Article 146 of the Family Code of the Russian Federation.

Foster parents in relation to the child or children adopted for upbringing exercise the rights and perform the duties of a guardian or trustee and are liable for failure to perform or improper performance of their duties in the manner and under the conditions provided for by federal law and the contract. The foster family agreement must contain information about the child or children being raised in a foster family (name, age, state of health, physical and mental development), the duration of such an agreement, the conditions for the maintenance, upbringing and education of the child or children, rights and obligations adoptive parents, the rights and obligations of the body of guardianship and guardianship in relation to adoptive parents, as well as the grounds and consequences of termination of such an agreement.

The amount of remuneration due to foster parents, the amount of funds for the maintenance of each child, as well as the measures of social support provided to the foster family, depending on the number of children adopted for upbringing, are determined by the agreement on the foster family in accordance with the laws of the constituent entities of the Russian Federation.

The foster family agreement is terminated on the grounds provided for by civil law for the termination of obligations, as well as in connection with the termination of guardianship or guardianship.

Foster parents have the right to refuse to fulfill the agreement on a foster family if there are good reasons (illness, change in family or property status, lack of understanding with the child or children, the presence of conflict relations between children, and others).

The body of guardianship and guardianship has the right to refuse to fulfill the agreement on the foster family in the event that unfavorable conditions arise in the foster family for the maintenance, upbringing and education of the child or children, the return of the child or children to the parents or the adoption of the child or children.

If the basis for terminating the agreement on the foster family was a material breach of the agreement by one of the parties through its fault, the other party has the right to demand compensation for losses caused by the termination of this agreement.

Features of the foster family:

The opportunity to transfer to a family children who do not have a status for adoption, children removed from large families or convicted parents and, otherwise, doomed to live in an orphanage;

Less stringent requirements for candidates for the role of a foster parent are about the same as for guardianship;

A monthly allowance is paid for the child, benefits are provided for transport services, housing, assistance is provided in organizing education, recreation and treatment of the adopted child. Target funds are paid for repairs, purchase of furniture and other benefits provided for by regional laws;

Upon the execution of the adopted child of 18 years old, he is allocated housing, if he does not have one;

A patronage family is a type of foster family that involves the placement of children in need of protection with and without an established status. Children are transferred to foster families on the basis of an agreement for the period that the child needs for his rehabilitation or status determination:

Short-term - for a period of 1 day to 6 months;

Long term - 6 months or more.

The advantage of a foster family over other types of family life for children in this category is that responsibility for the child is shared between the guardianship and guardianship authorities, the foster parent and the institution from which the child was placed in the foster family. This enables foster parents to receive the necessary assistance and support from specialists in various fields, if necessary, and supervise a psychologist and a social pedagogue.

Children who temporarily need a substitute family or need to create special conditions for supporting and accompanying a child in a family are transferred to a foster family. The main goal of this type of foster family is the socialization of the child, getting him the necessary experience of living in a family, replacing his stay in an orphanage. The foster family is often used as a transitional form to guardianship and / or adoption, after the child has received the appropriate status.

Foster family for Russia - the new kind substitute family. It has a number of fundamental differences in the organization of life, primarily related to the fact that it is part of a certain system that reflects a fundamentally new approach to guardianship and guardianship, as well as assistance to children in need of state support.

Thus, the features of the foster family include:

Possibility to place in the family of a foster caregiver a child who temporarily needs a substitute family or who does not have a status that allows him to be transferred under permanent guardianship or for adoption and, otherwise, doomed to end up in an orphanage, orphanage;

Less stringent requirements for candidates than for adoption, but more stringent than for guardianship;

Maintenance is paid for the child, benefits are provided for transport services, housing. Upon reaching the age of 18, a patron is allocated housing, if he does not have one;

The parties to the agreement, representing the state, organize training, recreation and treatment of the patronized, assist in education, in solving complex problems. Target funds are paid for repairs, purchase of furniture, etc.;

Constant monitoring and accountability for the upbringing and spending of funds paid for the maintenance of the child;

The child may be withdrawn from the family of the foster caregiver at the moment by decision of the parties to the agreement;

Contacts with the parents and relatives of the child, as a rule, are mandatory and their regulations are determined by agreement of the parties;

This type of foster family is not yet used everywhere, but only in certain regions.

In addition, it should be noted that with different forms of family placement, the same requirements are imposed on the state of health of persons accepting a child into a family. The law also provides that they must not have been previously deprived of parental rights or limited in parental rights, not removed from the duties of a guardian, or the adoption was not canceled due to the fault of adults (26; 55; 56).

Recently, another type of substitute family has become widespread - guest family (weekend family). Although the status of such is not legally fixed, and not all experts agree with its allocation as an independent unit, but in the experience of the regions, the country, it is present, solving specific problems, as a way for a child to know the family way of life, mastering family roles when he has little chance be in a foster family long term. It is undoubtedly a valuable source of socialization for adolescents aged 14-17.

Adoption | Custody or guardianship (Foster family | Patronage) Mentoring - a type of assistance (not a child's device)
Taking into account the changes introduced by Laws No. 48 and 49-FZ of April 24, 2008,