The difference between a foster family and guardianship. Let's look at the difference between adoption and foster care: is there a difference between them and child care?

Guardian family– a family in which a child is taken under guardianship or guardianship.

Guardianship or trusteeship is established over children left without parental care for the purpose of their maintenance, upbringing and education, as well as to protect their rights and interests. Guardianship is established over children under 14 years of age, guardianship over minors aged 14 to 18 years.

Adult, capable citizens are appointed as guardians and trustees. A guardian and trustee are appointed by order of the head of the city or district at the place of residence of the minor or guardian (trustee) 1 .

What is guardianship and trusteeship?

In modern Russia we are faced with a number of different foster families: families of adoptive parents, guardianship, foster families, family orphanages, foster families, family educational groups. Their main and common feature is that other people’s (non-biological) children are raised in a family environment. What are their differences?

1. Adoptive family (adoptive parents).

Adult status - Parent. Status of children - An adopted child is equal to a “native” child, has the right to receive alimony and inheritance. The number of children is not limited. The period of placement in a family is not limited. Age of children (preferred for admission) From 0 to 3 years, 85% - up to 1 year. Regulatory document - Court decision. Control is exercised by the guardianship and trusteeship authorities. State support - Child benefit if the family income is below the subsistence level.

2. Guardian family (guardianship - a child from 0 to 14 years old; guardianship - from 14 to 18 years old). Adult status - Guardian; trustee. Children's status: Guardianship. The number of children is not limited. The period of placement in a family is until adulthood. The age of children is from 3 to 17 years. Regulatory document - Resolution of the head of local government. Control is exercised by the guardianship and trusteeship authorities. State support - Guardian's allowance.

The procedure for registering a candidate for guardianship of an orphan child:

Preparation of documents:

certificate from place of work (study);

salary certificate;

a copy of the work record;

copy of passport;

certificate of family composition;

health certificate;

certificate of no criminal record;

certificates from dispensaries;

a copy of a personal account or an extract from the house register;

written consent of all members of the candidate’s family (over 10 years old) living in the same living space to adopt children into a family;

act of inspection of housing conditions;

It is preferable for candidates to have a health certificate;

The last document to be issued is a health certificate (valid for a limited period).

3. Adoptive family

Foster family is a form of placement of orphans and children left without parental care, on the basis of an agreement on the transfer of a child (children) for upbringing in a family between the guardianship and trusteeship authority and adoptive parents (spouses or individual citizens who want to take children into a family for upbringing ).

Citizens (spouses or individual citizens) who wish to foster a child (children) left without parental care are called adoptive parents; child (children) transferred to a foster family for upbringing. is called adopted child, and such a family is a foster family.

Which children can be placed in foster care?

To be raised in foster family a child (children) left without parental care is transferred:

orphans;

children whose parents are unknown;

children whose parents are deprived parental rights, limited parental rights, recognized in judicial procedure incompetent, missing, convicted;

children whose parents, for health reasons, cannot personally raise and support them;

children left without parental care who are in educational, medical and preventive institutions, social protection institutions or other similar institutions.

Requirements for foster parents:

Adoptive parents (parents) can be adults of both sexes, with the exception of:

persons recognized by the court as incompetent or partially capable;

persons deprived of parental rights by court or limited by court in parental rights;

removed from the duties of a guardian (trustee) for improper fulfillment of the duties assigned to him by law;

former adoptive parents, if the adoption was canceled due to their fault;

persons with diseases that make it impossible to take a child (children) into a foster family.

Rights and responsibilities of adoptive parents:

A guardian (trustee) and adoptive parents of a child have the right and obligation to:

raise a child under guardianship (trusteeship);

take care of his health; physical, mental, spiritual and moral development;

has the right to independently determine the ways of raising a child, taking into account the opinion of the child and the recommendations of the guardianship and trusteeship authority, as well as subject to the requirements stipulated by the Family Code.

They are the legal representatives of an adopted child (a child under guardianship (trusteeship)), protect his rights and interests, including in court, without special powers.

Their rights cannot be exercised in conflict with the interests of the child (children).

Guardians and trustees, adoptive parents have the right to place children in educational institutions on a general basis.

Number of children placed in foster care. The total number of children in a foster family, including natural and adopted children, should not, as a rule, exceed 8 people.

Formation of a foster family.

A foster family is formed on the basis of an agreement on the transfer of a child (children) to be raised in a family. The agreement on the transfer of a child (children) is concluded between the guardianship and trusteeship authority and the adoptive parents according to the form.

Legal consequences between adoptive parents and children.

The placement of children in a foster family does not entail the emergence of alimony and inheritance legal relations arising from legislation between foster parents and adopted children. Russian Federation.

The procedure for organizing a foster family.

Persons wishing to take a child (children) into foster care submit an application to the guardianship and trusteeship authority at their place of residence with a request to give an opinion on the possibility of becoming foster parents.

The following documents are attached to the application:

a certificate from the place of employment indicating the position and amount of salary or a copy of the income statement, certified in the prescribed manner;

characteristics from the place of work;

autobiography;

a document confirming the availability of housing for a person (persons) wishing to take a child (children) into foster care (a copy of the financial and personal account from the place of residence and an extract from the house (apartment) book for tenants of residential premises in the state and municipal housing stock or a document confirming ownership of residential premises);

a copy of the marriage certificate (if married);

a medical certificate from a medical institution about the health status of the person(s) who wishes to take the child into foster care (link to the order of the Ministry of Health on medical examination).

A person applying to obtain a conclusion on the possibility of being a foster parent must present a passport, and in cases provided for by the legislation of the Russian Federation, another substitute document.

To prepare a conclusion on the possibility of being foster parents, the guardianship and trusteeship authority draws up an act based on the results of an examination of the living conditions of persons (persons) wishing to take a child (children) to be raised in a foster family (under guardianship or trusteeship).

Based on an application and an inspection report on the living conditions of persons (persons) wishing to take a child (children) into foster care (under guardianship or guardianship), the Department of Guardianship and Trusteeship, within 20 days from the date of submission of the application with all the necessary documents, prepares a conclusion on opportunities to become foster parents.

Taking into account the personal qualities of persons wishing to become adoptive parents.

Of course, when preparing a conclusion, the guardianship and trusteeship department takes into account the personal qualities of people who want to take a child into the family, their ability to fulfill the responsibilities of raising children, and relationships with other family members living with them.

Placement of a child with poor health into a foster family

In cases where a person (persons) expresses a desire to foster a child with poor health, a sick child, a child with developmental disabilities, or a disabled child, then it is necessary that the adoptive parents (guardian or trustee) have the necessary conditions for this.

The child’s consent to be placed in a foster family

When transferring a child to a foster family, the guardianship and trusteeship authority is guided by the interests of the child. The transfer of a child to a foster family who has reached the age of 10 years is carried out only with his consent.

Model of support service for guardian family.

Today, the urgent task is to create an effective system of psychological, pedagogical and medical and social support for the guardian family.

Supporting the guardian family is a special type of activity aimed at creating socio-psychological conditions conducive to the successful development and effective functioning of the guardian family.

Social support for foster families includes family monitoring, social and pedagogical patronage, advisory assistance, individual psychocorrectional work with parents and children

The legislation of the Russian Federation has many regulations that are aimed at protecting and safeguarding the interests of minor children. Based on this, the state supports the desire of adults to take on the obligation to educate those who are left without parental love, warmth and care.

On the territory of Russia there are three types of family arrangements for children:

adoption;
registration of guardianship;
placement in a foster family.

Main distinguishing feature between adoption, guardianship and foster family - the degree of responsibility for the life of the baby, which is assigned to new parents. Each type of family structure has its positive and negative sides. The main regulatory document is considered Federal Law of April 24, 2008 No. 48 . This law regulates the relationships that arise in the process of adoption, the implementation and termination of guardianship and trusteeship of minor children.

Adoption

Adoption of a minor child is the highest priority form of family arrangement and entails the highest degree of responsibility for the fate of the child. If the guardianship authorities must choose: adoption, guardianship or placement in a foster family, then the guardianship service should always give preference to adoption. Since it is in this case that the child is recognized as a relative and is given the rights of a blood relative.

Legal Features adoptions:

if a minor received state benefits for the loss of a breadwinner, after official adoption the corresponding right does not lose its legal force;
biological parents are exempt from paying child support unless the court rules otherwise;
adopted children and their future descendants are equal in property, personal non-property obligations, rights to the adoptive parent's own children and relatives.

In order to declare an intention to become a foster parent, a citizen should contact the guardianship authorities with a corresponding application. Consideration of the application will be carried out within 15 days from the date of submission of the act and provision of the necessary package of documents. After making a decision, employees of the guardianship and trusteeship service will prepare an agreement that will be valid for 2 years.

They cannot adopt a child:

minors, even if they have acquired full legal capacity;
partially or completely incompetent citizens;
former adoptive parents, in case of cancellation of the decision in court;
those who do not have a regular income;
having a criminal record;
persons previously deprived of parental rights;
do not have permanent living space;
have not undergone special training;
citizens in same-sex marriage.

When adopting a child, each specific case will be considered individually. When completing this procedure, the interests of the child will be taken into account first. The court will carefully study the capabilities of the potential adoptive parent, his ability to provide his ward with full development: ethical, physical, spiritual and mental.

List of required documents

As already noted, in order to declare a desire to become an adoptive parent, a citizen must submit statement of claim to the Office of Guardianship and Trusteeship. The main documents that are attached to the application are an inspection report of the living space and a medical certificate confirming the passage of a special commission.

Other important documents are also provided:

detailed autobiography;
application in a unified form;
medical certificate in form No. 542;
certificate of wages;
characteristics from the place of work;
certificate of good conduct;
document on the ownership of the living space;
marriage certificate, if you are married;
photocopy of ID.

After checking the provided documentation, the guardianship and trusteeship service will assemble a commission to examine the conditions in which the child will live. If a citizen is recognized as a candidate for adoptive parents, a corresponding act is drawn up and the interested person will be registered.

Guardianship

First of all, it should be noted that the words “guardianship” and “trusteeship” are not interchangeable. There are some differences between the corresponding concepts. Guardianship is one of the types of family arrangement for children of the Russian Federation whose age does not exceed 14 years. While guardianship can be issued over teenagers 14-18 years old. Close relatives of a minor child have the priority right to obtain guardianship.

Features of registration of guardianship:

official guardians must be persons who have reached the age of majority;
the decision on guardianship is made at the place of registration of the child;
systematic payments that will allow the person under care to be kept in good conditions;
the rights to own living space assigned to a minor citizen at the time of registration of guardianship are preserved;
It is not allowed to change the child’s personal details – first name, last name, patronymic, date of birth.

The main disadvantage of guardianship is that the child has the status of being raised and at an older age may feel inferior in the guardian’s family. This form of family placement for a child is prescribed by an administrative agreement of the state guardianship service.

List of documents

The legislation of the Russian Federation establishes strict requirements regarding potential candidates for the role of guardians. Scroll necessary documents may vary depending on the design category. If guardianship is registered while the parents are alive, a list of documentation will be required; if guardianship is registered over a disabled child, a different list is important.

The main documents for registration of guardianship are:

statement;
autobiography containing the following information: full name, residential address, nationality, date and place of birth, education, marital status and place of work;
income certificate, which displays the position and salary;
financial personal account, given at the HOA branch;
document confirming no criminal record;
medical certificate about the applicant’s health status;
marriage registration certificate;
written consent of the spouse to formalize guardianship;
citizen's passport.

The terms of guardianship are regulated Civil Code of the Russian Federation and Federal Law No. 48 “On Guardianship and Trusteeship”.

Adoptive family

The term " foster family“- a type of determination to raise in a family children who were deprived of parental care or orphans. From the legislative side, a foster family is considered the same guardianship, the only difference is that the foster parents enter into an agreement agreement , and for the execution of which they receive a certain reward.

Features of foster families:

the agreement is of a long-term nature, the guardianship authorities have the right to terminate it prematurely if there are serious circumstances to do so;
adoptive parents will receive financial and material assistance;
minors who are being raised in foster families receive monthly payments from the state;
the number of children in the family should not be more than 8 people, including natural children of adoptive parents;
The agreement is automatically canceled upon reaching the age of 18.

The requirements for representatives of the foster family are established by the guardianship and trusteeship authorities. Not only married couples, but also individual citizens can act as adoptive parents. Persons who are not officially married cannot be adoptive parents of the same child.

Required documents

To begin the process of registering a child for placement in a foster family, you should contact the guardianship and trusteeship department at your place of residence. The following documents are submitted with the application:

certificate from the place of work of the future parents;
characteristics from work;
certificate of composition of the adoptive family;
documents confirming ownership of an apartment or other real estate;
a certificate from authorized bodies confirming no criminal record;
written consent of all family members to accept a minor child into the family.

Starting from January 1, 2012, the Russian Government decided to pay monthly remuneration to adoptive parents. For a disabled child, new parents are entitled to 25,753 rubles, and for a legally capable minor – 15,155 rubles.

Differences between adoption, guardianship and foster care

The legislative framework of the Russian Federation establishes mandatory payments of benefits and benefits to citizens who have adopted minor children. The amount of benefits will depend on the chosen form of family placement for the child: adoption, guardianship or placement in a foster family.

In case of adoption, the state provides several benefits at once:

monthly;
federal;
regional;
one-time

The size of all payments will also depend on the age of the baby. A clear scope of benefits is regulated Federal Law No. 81. However, it is worth noting that when adopting, new parents are entitled to the largest number of benefits and allowances.

When registering guardianship, applicants are entitled to monthly, one-time and regional benefits, the size of which will be slightly smaller than during adoption. In addition to the above payments, the child is entitled to additional financial assistance. A minor has the right to count on appropriate support if:

his biological parents are alive, in which case they are required to pay child support;
he has medical confirmation of any disability group.