Family-type orphanage- a form of educational institution that is intermediate between a foster family and an orphanage (boarding school), the legal status of which is regulated by Decree of the Government of the Russian Federation of March 19, 2001 No. 195 “On a family-type orphanage” ). A family-type orphanage is organized on the basis of a family. The family must consist of spouses whose marriage is registered. For organization orphanage family type requires the desire of both spouses to take care of at least 5 and no more than 10 children, and also if the family has natural or adopted children who have reached 10 years of age, then their consent is also necessary. The spouses are organizers family-type orphanage. The opinion of other family members (grandfathers, grandmothers, etc.) should also be taken into account if they live together with their spouses.
The total number of children in a family-type orphanage, including natural and adopted children, should not exceed 12 people.
The following persons cannot be the organizers of a family-type orphanage:
Those who are related by blood to the children being adopted;
Having diseases that make it impossible to foster children;
Deprived parental rights or limited by the court in parental rights;
Recognized in accordance with the established procedure as incompetent or partially capable;
Removed from the duties of a guardian (trustee) for improper performance of the duties assigned to them;
Those who are former adoptive parents, if the adoption was canceled by the court due to their fault.
The peculiarity of this form is that a family-type orphanage is a legal entity in the form of an educational institution (non-profit organization), the founders of which are the executive authorities of the subject Russian Federation or local governments.
The relationship between the guardianship and trusteeship authority and the family-type orphanage is determined by an agreement concluded between them, which unites Orphanage family type with a foster family.
Unlike other forms of placing children in foster care, when creating a family-type orphanage, the organizers (spouses), in addition to the documents presented when adopting a child, must submit a document on education. When organizing an orphanage, preference is given to spouses who have experience raising children, working in children's social, educational and medical institutions, and who are adoptive parents or guardians (trustees).
As with adoption, when organizing an orphanage, a conclusion from the guardianship and trusteeship authority on the living conditions of the spouses is required. Subsequently, the guardianship and trusteeship authority at the location of the family-type orphanage exercises control over the living conditions and upbringing of children, the protection of their rights and legitimate interests, and also provides training for persons wishing to foster children.
The transfer of a child to a family-type orphanage is carried out taking into account his opinion (and from the age of 10 only with his consent) and with the consent of the administration of an educational or medical and preventive institution, institution social protection population or other similar institution in which he is located, as well as with the consent of the teachers of this family-type orphanage in order to ensure psychological compatibility.
A child transferred to a family-type orphanage retains the right to the alimony due to him, pensions (in case of loss of a breadwinner, disability), and other social benefits.
Financing of the orphanage is carried out by the founder of the orphanage - executive authorities of the constituent entities of the Russian Federation or local government bodies.
Teachers at a family-type orphanage are subject to the terms of remuneration, as well as the benefits and guarantees established for employees of educational institutions for orphans and children without parental care.
Regulations on family-type orphanages
Changes and additions:
Resolution of the Council of Ministers of the Republic of Belarus of January 31, 2007 No. 122 (National Register of Legal Acts of the Republic of Belarus, 2007, No. 40, 5/24639)
Resolution of the Council of Ministers of the Republic of Belarus of December 17, 2007 No. 1747 (National Register of Legal Acts of the Republic of Belarus, 2008, No. 6, 5/26438)
Resolution of the Council of Ministers of the Republic of Belarus of July 23, 2010 No. 1095 (National Register of Legal Acts of the Republic of Belarus, 2010, No. 184, 5/32249)
Resolution of the Council of Ministers of the Republic of Belarus of August 4, 2011 No. 1049 (National Register of Legal Acts of the Republic of Belarus, 2011, No. 92, 5/34264)
Resolution of the Council of Ministers of the Republic of Belarus dated July 17, 2012 No. 659 (National Legal Internet Portal of the Republic of Belarus, July 28, 2012, 5/36004)
Resolution of the Council of Ministers of the Republic of Belarus of May 8, 2013 No. 356 (National Legal Internet Portal of the Republic of Belarus, 05.29.2013, 5/37295)
The Council of Ministers of the Republic of Belarus DECIDES:
1. Approve the attached Regulations on the family-type orphanage.
2. Republican government bodies should bring their regulatory legal acts into compliance with this resolution.
3. This resolution comes into force on the day of its official publication.
REGULATIONS on a family-type orphanage
CHAPTER 1 GENERAL PROVISIONS
1. Family-type orphanage is a family that has taken in from five to ten orphans and (or) children left without parental care (hereinafter referred to as pupils), within which spouses or individual citizens (hereinafter referred to as parent-educators) perform responsibilities for raising children on the basis of an agreement on the conditions for raising and maintaining children and an employment contract.
2. An agreement on the conditions for the upbringing and maintenance of children in the form according to the appendix is concluded between the education department (department) of the district, city executive committee, the local district administration in the city at the location of the guardianship and trusteeship authority that made the decision to create a family-type orphanage (hereinafter - department of education), and both parents-teachers of a family-type orphanage.
An employment contract is concluded by the education department (department) with each of the parent-educators for the duration of the agreement on the conditions for the upbringing and maintenance of children.
3. The number of children who can be transferred to a family-type orphanage and the order of their transfer are determined by the education department (department).
In order to ensure the protection of the rights and legitimate interests of each of the children transferred to be raised in a family-type orphanage, education departments (departments) or bodies, organizations authorized by the guardianship and trusteeship authority provide social, pedagogical and psychological assistance to family-type orphanages.
4. The education department (department) within five days from the date of conclusion of the agreement on the conditions of upbringing and maintenance of children and the employment contract issues a certificate to the parent-educator for the right to represent the interests of the ward for the duration of the agreement on the conditions of upbringing and maintenance of children.
Upon termination of the agreement on the conditions for the upbringing and maintenance of children, the certificate for the right to represent the interests of the ward must be immediately returned to the education department (department).
5. Guardianship and trusteeship bodies, through education departments (departments) or organizations authorized by them, exercise control over the conditions of upbringing, maintenance of pupils and their education, determine the frequency of control, analyze the performance of parent-educators of official duties, the duties of a guardian (trustee) and the agreement on the conditions raising and maintaining children. Forms of control (conversations with teachers of pupils, parents-educators, pupils, including by telephone, visits to a family-type orphanage and others) and the procedure for control are determined by the agreement on the conditions of upbringing and maintenance of children.
Control over the conditions of education, maintenance of pupils and provision of education for them in family-type orphanages is carried out:
in the first three months of a child’s stay in a family-type orphanage - at least once a week;
after the first three months and up to one year - at least once a month;
in the second and subsequent years of raising a child - at least once a quarter.
CHAPTER 2 PROCEDURE FOR ORGANIZING A FAMILY TYPE CHILDREN'S HOME
6. Persons wishing to create a family-type orphanage (hereinafter referred to as candidates for parent-educators) submit to the guardianship and trusteeship authority at the place of residence the documents specified in paragraph 4.7 of the list of administrative procedures carried out by state bodies and other organizations upon applications from citizens, approved Decree of the President of the Republic of Belarus dated April 26, 2010 No. 200 “On administrative procedures carried out by state bodies and other organizations based on applications from citizens” (National Register of Legal Acts of the Republic of Belarus, 2010, No. 119, 1/11590) (hereinafter referred to as the list ).
7. Within 5 days from the date of filing an application for the creation of a family-type orphanage, the education department (department) requests the following documents and (or) information from the relevant authorities and organizations:
certificate of place of work, service and position held by the candidate for parent-educators;
information on income for the year preceding the creation of a family-type orphanage;
information about whether candidates for parent-educators have a conviction for intentional crimes or have been convicted of intentional grave or especially grave crimes against a person;
information about whether candidates for parent-educators were deprived of parental rights, whether the children of candidates for parent-educators were taken away from them without deprivation of parental rights, whether their adoption was previously canceled in relation to them, whether they were recognized as incompetent or partially capable;
information about whether the children of candidates for parent-educators were recognized as in need of state protection, whether candidates for parent-educators were removed from the duties of guardians and trustees for improper performance of the duties assigned to them.
8. To create a family-type orphanage, the provision of a total living area per family member and pupil must be at least 15 square meters.
9. Guardianship and trusteeship authorities or bodies and organizations authorized by them, within a month from the date of submission of an application by candidates for parent-educators, if necessary, consider the possibility of providing a family-type orphanage with living quarters that meet the requirement established by paragraph 8 of these Regulations, conduct an examination of the conditions lives of candidates for parent-educators, study their personal characteristics, way of life and family traditions, interpersonal relationships in the family, assess the readiness of all family members to satisfy the basic life needs of children and ensure the protection of their rights and legitimate interests, which is reflected in the survey of the living conditions of candidates as parents-educators (hereinafter referred to as the examination report).
When considering the application, the guardianship and trusteeship authority takes into account their experience in raising natural and adopted children and reflects in the examination report information about the success of the upbringing and socialization of natural and adopted children.
10. If candidates for parent-educators express a desire to foster a child with special needs of psychophysical development or a disabled child, the examination report must indicate whether they have the necessary conditions for this.
11. Based on the application, the documents specified in paragraph 4.7 of the list, and the information specified in paragraph 7 of these Regulations, as well as the inspection report, the education department (department) within 20 days from the date of submission of the application with all the necessary documents prepares a conclusion on the availability in their family the conditions necessary for raising children (hereinafter referred to as the conclusion).
12. Guardianship and trusteeship authority based on the conclusion and all necessary documents within three days, register candidates for parent-educator status and inform them about this or bring to their attention a justified refusal and at the same time return all documents to them.
13. The education department (department) organizes training courses for candidates for parent-educators (lectures, thematic seminars, workshops, trainings) aimed at developing competence in resolving issues of protecting the rights and legitimate interests of pupils (hereinafter referred to as training courses).
Curriculums of training courses should ensure that candidates for parent-educators develop the skills to meet the basic life needs of pupils, prepare them for independent living, and organize social, medical, pedagogical and psychological correction of pupils’ problems.
14. Candidates for parent-educators who have completed training courses and received a certificate of training are subject to registration in the education department (department) at their place of residence.
The registration of candidates for parent-educator positions is maintained by the education department (department) in a journal, the form of which is approved by this education department (department).
15. The education department (department) at the place of creation of a family-type orphanage, on the basis of a conclusion and in the presence of living quarters that meets the requirement established by paragraph 8 of these Regulations, issues a referral to candidates for parent-educators to meet the children.
16. If the residential premises necessary for the creation of a family-type orphanage are not available, the education department (department) when informing candidates for parent-educators about their registration, informs about providing them with the opportunity to participate in the competition for the positions of parent-educators if available residential premises in the region (Minsk) for the creation of family-type orphanages and undertakes the obligation to notify them of the competition in month period from the date of its announcement.
17. If there are necessary housing and material conditions for creating a family-type orphanage, the education department (department) announces a competition for the positions of parent-educators. The terms of the competition for the positions of parent-educators and the composition of the competition commission are determined by the education departments of the regional executive committees, the education committee of the Minsk City Executive Committee.
18. Candidates for parent-educators who have successfully passed the competition receive a referral from the education department (department) at the place where the family-type orphanage was created to meet the children.
19. If there are residential premises that meet the requirements of paragraph 8 of these Regulations, the decision to create a family-type orphanage is made by the guardianship and trusteeship authority within the period specified in paragraph 4.7 of the list.
In the decision to create a family-type orphanage, the guardianship and trusteeship authority indicates information about the child (children) who is being placed in foster care, assigns monthly cash payments for the maintenance of pupils, instructs the education department (department) to conclude an agreement (agreements) on the conditions for the upbringing and maintenance of the child (children) and an employment agreement (agreements).
20. The basis for concluding an agreement on the conditions for raising and maintaining children and employment contracts is the decision of the guardianship and trusteeship authority to create a family-type orphanage, adopted in accordance with paragraph 4.7 of the list.
21. An agreement on the conditions for the upbringing and maintenance of children in a family-type orphanage must provide for the period for which children are placed in a family-type orphanage, the conditions of their maintenance, upbringing and education, the rights and responsibilities of parent-educators, the responsibilities of the guardianship and trusteeship authority regarding equipment and maintenance of a family-type orphanage, as well as the grounds and consequences of termination of such an agreement.
22. A family-type orphanage is staffed with pupils within one year from the date of the decision to create it.
Upon a written application from the parent-educator, the guardianship and trusteeship authority issues him an opinion on the availability of the conditions necessary for raising children. Based on this conclusion, the parent-educator can conclude with the head of the children's boarding institution, vocational institution, secondary special education, higher education foster care agreement in relation to children who are offered to him for placement in a family-type orphanage.
The administration of a children's boarding institution, vocational, secondary special, higher education institution, department of education at the child's place of residence is obliged to familiarize the parent-educator with the child's personal file (information about the child) and information about his health status.
Related information.
In order to ensure the protection of rights and interests orphans and children left without parental care, the Government of the Russian Federation decides:
1. These Rules determine the procedure for organizing a family-type orphanage.
The main objectives of a family-type orphanage are to create favorable conditions for the upbringing, education, health improvement and preparation for independent life of orphans and children left without parental care (hereinafter referred to as children) in a family environment.
The conclusion is drawn up by the guardianship and trusteeship authority on the basis of the application and the documents attached to it, as well as an inspection report on the living conditions of the spouses within one month from the date of filing the application.
A negative conclusion is communicated to applicants within 10 days from the date of the decision. All documents are returned to the applicants at the same time. The conclusion may be appealed in accordance with the procedure established by the legislation of the Russian Federation.
7. The guardianship and trusteeship authority at the location of the family-type orphanage exercises control over the living conditions and upbringing of children, the protection of their rights and legitimate interests, and also provides training for persons wishing to foster children.
8. Children aged from birth to 18 years are sent to be raised in a family-type orphanage. The length of stay of a child in a family-type orphanage is determined in an agreement concluded between the guardianship and trusteeship authority at the place of residence (location) of the child and the family-type orphanage.
The transfer of a child to a family-type orphanage is carried out taking into account his opinion (and from the age of 10 only with his consent) and with the consent of the administration of an educational or medical organization, social welfare institution or other similar institution in which he is located, and also with the consent of the teachers of this family-type orphanage in order to ensure psychological compatibility.
N 882, dated December 24, 2014 N 1469)
9. For a child transferred to a family-type orphanage, the guardianship and trusteeship authority or the administration of an educational, medical organization, social welfare institution or other similar institution submits the following documents:
(as amended by Resolutions of the Government of the Russian Federation dated September 4, 2012 N 882, dated December 24, 2014 N 1469)
a) a decision of the relevant executive body of a constituent entity of the Russian Federation or a local government body to send a child to a family-type orphanage;
b) a referral to a family-type orphanage issued by the guardianship and trusteeship authority;
C) the child’s birth certificate (original), and in its absence - a medical examination report certifying the child’s age;
d) an extract from the child’s developmental history;
e) insurance policy of compulsory medical insurance;
f) document on education (for school-age children);
g) an inspection report on the child’s living conditions;
h) information about parents (copy of death certificate, verdict or court decision, certificate of illness, search for parents and other documents confirming the absence of parents or their inability to raise their children);
i) certificate of the presence and location of brothers, sisters and other close relatives;
j) an inventory of property belonging to the child and information about the persons responsible for its safety;
k) documents confirming the assignment of the living space previously occupied by the minor to the minor (on the right of ownership of residential premises and (or) other property);
M) a copy of the court decision on the collection of alimony, documents confirming the right to a pension, pension certificate, documents confirming the existence of an account opened in the name of the child at a banking institution, and securities (if any);
m) conclusion of the psychological, medical and pedagogical commission (for children with disabilities).
(paragraph "n" as amended by Decree of the Government of the Russian Federation dated August 18, 2008 N 617)
10. A child transferred to a family-type orphanage retains the right to the alimony due to him, pensions (in case of loss of a breadwinner, disability), other social benefits and guarantees established legislation Russian Federation for orphans and children left without parental care.
11. When leaving a family-type orphanage or transferring to an educational organization for orphans and children left without parental care, or an institution for social protection of the population, as well as when a family-type orphanage is liquidated, the child is issued a certificate of stay in a family-type orphanage and the documents specified in subparagraphs “c” - “m” of paragraph 9 of these Rules.
(as amended by the Resolution
12. Medical care for children is provided by medical organizations in accordance with the Federal Law “On the Fundamentals of Protecting the Health of Citizens in the Russian Federation.”
(as amended by Decree of the Government of the Russian Federation dated September 4, 2012 N 882)
13. Children study in educational organizations on a general basis.
(as amended by Decree of the Government of the Russian Federation dated December 24, 2014 N 1469)
14. A family-type orphanage is financed by the founder(s), based on the standards for providing for the pupils educational organizations for orphans and children left without parental care.
(as amended by Decree of the Government of the Russian Federation dated December 24, 2014 N 1469)
15. The sources of formation of property and financial resources of a family-type orphanage are:
a) funds of the founder (founders);
b) property assigned to a family-type orphanage by the owner (the body authorized by him);
c) voluntary donations from individuals and legal entities;
d) other extra-budgetary funds in accordance with the legislation of the Russian Federation.
16. Teachers of a family-type orphanage keep records of the income and expenditure of funds allocated for the maintenance of children. Funds saved during the year are not subject to withdrawal.
17. Teachers of a family-type orphanage are subject to the terms of remuneration, provision of annual leave, as well as benefits and guarantees established for employees of educational organizations for orphans and children without parental care.
(as amended by Decree of the Government of the Russian Federation dated December 24, 2014 N 1469)
18. Teachers of a family-type orphanage have a priority right to receive vouchers for children, including free ones, to sanatoriums, health camps, as well as rest homes and sanatoriums for joint recreation and treatment with children.
Family-type orphanages (FACH) are an alternative form of state care and education for orphans. It is organized on a family basis if both spouses wish to raise at least 5 and no more than 10 children and taking into account the opinions of all family members living together, including natural and adopted children (and from the age of 10 - only with their consent).
The main objectives of a family-type orphanage are to create favorable conditions for the upbringing, education, health improvement and preparation for independent life of orphans and children left without parental care (hereinafter referred to as children) in a family environment.
The most important thing in a family orphanage is foster children. They grow up in family orphanages in an atmosphere of love, support and kindness, receive an education, many of them higher education, and build new families without breaking family relationships with their parents-educators, adoptive brothers and sisters. children's family orphan
Pupils live in a family orphanage until they are 18 years old, and if they continue their studies at a university or other educational institution- then until graduation.
In December 2008, there were 400 family orphanages in Ukraine, in which 2,461 children were raised (data from the Ukrainian Department of Adoption)
According to the “Regulations on a family-type orphanage” of the Cabinet of Ministers of Ukraine, parents-educators should be provided with a multi-room apartment or house out of turn. Housing must be equipped necessary equipment, furniture, etc.
Citizens who have been deprived of parental or guardian rights, who are sick with certain infectious diseases, or who suffer from alcohol or drug addiction cannot become parent-educators.
Parent-educators must complete a training course before setting up an orphanage. For the period of operation of the orphanage, parents are paid seniority and salaries are paid, and money is allocated for the maintenance of the orphanage.
The mission of the family orphanage is to raise a child in a family that replaces the parental one.
The purpose of a family orphanage is to provide an opportunity for children who, for various reasons, are deprived of their family of origin, to live in a safe and loving family environment, new family, where they can realize their best qualities, character traits.
Problems of raising and educating children, their professional self-determination, adaptive and rehabilitation problems.
Macro factors influencing the activities of a family orphanage:
1. Political and legal factor.
The main normative - legal document regulating the activities of a family orphanage is Family code Ukraine (Article 20-2), regulates family personal non-property and property relations between spouses, between parents and children, adoptive parents and adopted children, between the mother and father of a child regarding his upbringing, development and maintenance.
2. Economic factor.
The sources of formation of property and financial resources of a family-type orphanage are:
- 1) funds of the founder (founders);
- 2) property assigned to the institution by the owner (authorized person or body);
- 3) voluntary donations from individuals and legal entities;
- 4) other extra-budgetary funds in accordance with legislation.
Teachers of a family-type orphanage keep records of the income and expenditure of funds allocated for the maintenance of children.
3. Socio-cultural factor.
The guardianship and trusteeship authority at the location of the family-type orphanage exercises control over the living conditions and upbringing of children, the protection of their rights and legitimate interests, and also provides training for social workers and potential parent-educators who want to take children into care.
Children are educated in general education institutions on a general basis.
Microfactors influencing the activities of a family orphanage.
1. Suppliers:
orphanages;
temporary detention centers for children;
boarding schools
2. Competitors:
SOS villages - a program sponsored by foreign foundations, exists in many countries. Several families live in such villages (large houses or apartments in cities). They consist of a mother who has entered into a contract with the foundation for a certain time and receives a salary, and several adopted children;
foster families - families who make raising children their profession, they enter into a contract with the state, on the basis of which they undertake to raise children from orphanages at home, and in addition to money for this, receive a number of benefits, for example, the opportunity to use the services of specialists;
Foster (replacement) family is one of the varieties foster family, whose activities are necessary when children are urgently removed from the family due to various circumstances, such as a crisis situation in the family of origin, illness or absence of parents. The main goal of such a family is to maintain contact with biological parents and return the child to family of origin. If it is impossible for the child to return to his family of origin, then he is kept in foster care until a court decision regarding the child’s fate is made.
3. Consumers:
Childless spouses or those who have their own children - both adults and minors.
4. Intermediaries:
founders;
social workers;
educators;
psychologists.
5. Contact audiences:
public organizations;
government agencies.
07/12/2014Family-type orphanages are a good alternative government agencies for orphans. In such homes, children are raised by a married couple, who are assigned guardianship rights. And the kids perceive married couple like mom and dad.
What types of family orphanages are there?
Among family-type orphanages, the following types are distinguished.
A family town may consist of approximately 8-10 houses, occupied by one or two families. An entire village is being built near this town, in which there is a leisure center, a school, a kindergarten, and a service center. medical care, sports grounds. Parents in each family, in addition to having their own children, also have several adopted children, whose guardians they are.
A family orphanage, unlike a town, is located in just one private house, adjacent to a plot of land. The organization of such a house takes place on the territory of an ordinary residential village. A family orphanage is considered to be a family that has taken in more than 6 children from the orphanage. For these families, the state provides for the receipt of a private house or apartment.
What is needed to set up an orphanage?
If spouses want to obtain the status of a family orphanage, they need to obtain guardianship over children of 6 to 10 people. But the total number of children together with their relatives should be no more than 12. The age of adopted children can be from 0 to 18 years. But after the child is ten years old, this procedure is possible only with his consent. In addition, you need to obtain permission from representatives of social protection and the management of the orphanage institution where the child was previously located.
Apply to the local guardianship authorities, providing the necessary documents:
- original and copies of spouses’ passports;
- a copy of the marriage certificate;
- extracts from the work book;
- medical report of the established form;
- copies of education certificates.
If you receive a positive response to your request, be prepared for the fact that the guardianship authorities are constantly monitoring the lives of children. Employees of the guardianship council periodically visit children for control purposes, inquire about living conditions in a family-type home, and check how conscientiously the guardians fulfill their duties. This control is due to the fact that in addition to the orphan's benefit that each child receives, the guardian is paid a salary from the state.
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