If relatives, a school teacher, neighbors or simply caring people notice improper performance of parents’ duties in raising and educating children, they have the right to contact the guardianship and trusteeship authorities with a corresponding application.
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How to write to guardianship for family verification?
A statement about a violation of a child’s rights is drawn up in writing and sent to the territorial department of the guardianship and trusteeship authorities at the child’s place of residence.
The appeal must contain the following:
- name of the territorial body to which the applicant applies
- last name, first name, patronymic and residential address of the applicant, his contact information
- information about the minor and his family (full name, place of residence, year of birth of the child)
- the grounds that served as the reason for applying to the guardianship and trusteeship authorities. Most often, such reasons include poor living conditions of the child, drug addiction/alcoholism of parents, leaving children in danger, cruelty towards the child, etc.
- please check the stated circumstances and take measures to protect the legitimate interests of the minor
- signature of the applicant, date of preparation, documents confirming the grounds that served as the reason for applying to the guardianship and trusteeship authorities
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The procedure for conducting inspections of guardianship authorities
The responsibility of parents to raise and educate minor children is enshrined in Art. 63 and Art. 64 of the Family Code of the Russian Federation (RF IC). According to these articles, they bear full responsibility for the development and upbringing of the child, must protect the interests of children before third parties, are obliged to provide the child with food, clothing, treatment, and create conditions for receiving an education.
Guardianship and trusteeship authorities are obliged to monitor compliance with the rights and legitimate interests of minors, and therefore carry out scheduled and unscheduled inspections of their living conditions.
The main objectives of these checks are:
- safety of property of minors;
- control over the proper upbringing and training of wards;
- assessment of the minor’s living conditions, health, appearance, family relationships, and ensuring the child’s needs are met.
Inspections are carried out by authorized persons at the place of residence of the minor. Scheduled checks are carried out once within a month after the appointment of a guardian, and then once every 3 months during the first year.
Further inspections are carried out once every six months. An unscheduled inspection is carried out outside the specified time periods and is carried out on the basis of an act of the guardianship authorities, the reason for drawing up which may be a received oral or written appeal about a violation of the rights of a minor. The inspection ends with the drawing up of a report on the presence/absence of violations of the rights and legitimate interests of the minor.
Reason for guardianship visit
Visits by guardianship authorities to families may be caused by the fact that they have received information of a certain nature; in these cases, it should say that something threatens the child’s health or interferes with his normal development and existence. Such information can be obtained both in written and oral form; statements can come from individual citizens or from an organization, for example, a school or preschool, where the characteristics were compiled. Any family can be subject to such checks. So, for what reasons can guardianship authorities come:
- if the clinic reports information that the child has not undergone the necessary specialists and does not have the required vaccinations;
- information will be received from a preschool or educational institution that the child regularly comes in unkempt or has signs of beatings on his body;
- information may come from conscientious neighbors, for example, if screams and scandals are regularly heard from the apartment, constant crying of a minor;
- in cases where the parent was detained by law enforcement officers;
- An application can be submitted by hospital employees if a child comes to them with a disease that occurs if they remain in conditions unsuitable for living for a long time
- if the family has an adopted child, they can also visit.
As a rule, such organizations coordinate the issue of their visit to the family, so as not to stand behind a closed door, they agree on a specific time for their visit.
Attention: citizens are often interested in the question of whether guardianship authorities can come without warning, and on the basis of Article 77 of the Family Code, in cases where there is a threat to the life or health of a child. In such cases, police officers arrive together with the guardianship authorities and have the right to immediately pick up the child.
Standards governing the activities of guardianship workers conducting an examination of a child’s living conditions
On the basis of certain legislative acts, guardianship authorities carry out their activities:
- Federal Law-48 issued on April 24, 2008. the title of which is “On guardianship and trusteeship”;
- Family Code of the Russian Federation;
- Government Decree No. 423 dated May 18, 09
Control over these organizations is based on:
- Constitution of the Russian Federation;
- Code of Civil Procedure of the Russian Federation;
- RF IC.
In cases where employees exceed their authority, citizens who have suffered from this have the right to file a corresponding application with the prosecutor’s office. Inspection of a residential property by guardianship authorities and drawing up an inspection report on living conditions
If guardianship officers enter the territory of a residential premises, then you should know what the guardianship authorities are looking at when inspecting an apartment or house:
- on the condition of the residential property, that is, the premises visited must be clean;
- also whether the child has his own place to sleep;
- in accordance with the age, the child must have his own corner, that is, a place for games and, if necessary, there must be an elephant and a chair for studying;
- the refrigerator should contain food for the child in accordance with his age needs;
- availability of clothing for the season;
- there should also be no access to dangerous objects, household chemicals, medications, etc. in the room.
Inspections of this kind must be documented, that is, employees must draw up a commission inspection report of the residential premises.
In what cases is an act of checking a family’s living conditions drawn up?
The corresponding conclusion in the form of an act is drawn up in order to record the results of the inspection, therefore it must be drawn up in all cases when the guardianship authorities apply for an inspection. This document records the conclusions that were made during the inspection, as well as recommendations for protecting the rights of a minor. The document is drawn up in two copies and does not require the signature of legal representatives, but the contents of the document must be communicated to the parents of the person who has not reached the age of majority.
Attention: conclusions made during the inspection and recorded in the act can only be canceled by a court decision, that is, if they disagree with the results of the act, parents have the right to sue.
Photo recording
As for photography in an apartment or other residential premises by the party inspecting it, this is allowed only with permission from the citizens being inspected. But for parents on whose territory employees came, the law also provides for both audio recordings and video during inspection. There is no prohibition on this since this action will be carried out at the moment when employees are on duty.
What time does guardianship check arrive?
The guardianship and trusteeship authorities are not required to notify about their visits, but this does not mean that they can come for an inspection at any time of the day or night.
For example, at night (from 22:00 to 06:00), authorized persons can only arrive together with police officers, having good reason. In addition, it is worth noting that the guardianship does not conduct raids on apartments; its unexpected visit is always preceded by some event, for example, a complaint or appeal received by a government agency from a teacher, doctor, neighbors and other persons with a request to carry out an inspection.
In practice, an unexpected visit by guardianship officers to check the living conditions of a minor rarely occurs. Usually, they inform by telephone about their intention to make a home visit and agree on a time for the visit, which, most often, occurs during the daytime during the work week.
Rights of family and parents
When guardianship authorities appear on the doorstep, it is worth remembering that they can only get into an apartment or house:
- if the family voluntarily lets them in;
- or they have an official document from the prosecutor for this purpose.
If there is no document, then these workers can not be allowed in, since in accordance with the law citizens have the rights:
- on the inviolability of residential premises;
- privacy.
Also, before allowing employees of such an organization into their home, citizens have the right to check all their documents proving both their identity and their place of work, and if they have permission from the prosecutor’s office to conduct this examination, they have the right to familiarize themselves with it.
No one is safe from visits by these employees, but you shouldn’t panic, you should know your rights and if they don’t have good reasons, then you can’t let them into the apartment at all. But if this happens, then it is worth carefully studying all the documents drawn up, and in cases of disagreement with the drawn up act of conducting a survey of the living conditions of minor citizens, you can go to court for review.
Is it possible not to let the guardianship authorities in?
You can prevent representatives of the guardianship authorities from entering the house by taking advantage of the constitutional right to inviolability of the home. The fact is that not allowing strangers into your home is not a violation of the law. In this case, the guardianship and trusteeship authority will draw up an act denying access to the home. Without allowing authorized guardianship officials into the house, it should be understood that this will most likely lead to a conflict with a government agency.
Guardianship employees can call the police, who, if there is information about a crime committed or being prepared, have the right to enter the apartment without a court decision. Therefore, if there is no desire to let the guardianship authorities into the house because of their sudden visit, it is better to inform the authorized persons that access will be provided after visiting their territorial authority and agreeing on a time for conducting an inspection.
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How to prepare for the arrival of guardianship authorities?
If the guardianship officer informed about the upcoming visit in advance, then it is necessary to clarify why the inspection is being carried out, what will be examined and from whom the message about a violation of the child’s rights was received, then, based on the information received, prepare for the inspection. For example, if a guardian’s visit is related to the child’s absence from school for a long time, then it will be necessary to prepare documents indicating that the reasons for absence from school are valid.
In any case, the child’s house and belongings should be put in order, paying attention to the following:
- the general condition of the home, that is, it must be clean
- having your own place for the child, if not a room, then at least part of it. Even if the child is still small and sleeps with his parents, he should have his own sleeping place. If we are talking about a schoolchild, then he should have a place to study
- Availability of food, toys and clothing appropriate for the child’s age
- lack of access to items dangerous to the child’s health
IMPORTANT : it wouldn’t hurt to call your friends or acquaintances during the check. The presence of third parties always disciplines the inspection authorities.
How to deal with guardianship authorities?
The guardianship and trusteeship authorities are a government body that must act within the framework of the law. The legislator provides citizens with the right to appeal against the actions of officials by sending an application to a higher authority, the Commissioner for Human Rights, the prosecutor's office or the court. Therefore, when interacting with guardianship authorities, as with any other government body, you should pay attention to details that will later help win a dispute with the government body.
To combat the guardianship authorities you will need:
- Full name of officials performing family verification
- audio, video or photographic recording of the actions of guardianship officers
- recording telephone conversations with officials
- availability of a copy of the report drawn up by the inspectors
- other information confirming the illegality of the actions of authorized persons of the guardianship authorities
In any case, it should be remembered that guardianship employees are officials performing their duties, therefore, it is best to build relationships with them in the form of dialogue. In other words, you should not avoid inspections or obstruct them in other ways, but rather find out the reasons for the inspection and, if any, eliminate the identified violations as soon as possible.
USEFUL : learn more about the procedure for appealing the actions of the guardianship and trusteeship authorities via the link on our website
Lawyer for inspections of the guardianship authority in Yekaterinburg
Law office "Katsailidi and Partners" in Yekaterinburg provides the following services when conducting an inspection of the guardianship authority:
- providing consultations on issues that arise for the principal
- preparing the client for dialogue with officials, explaining his rights
- presence during inspection of residential premises by authorized persons to resolve emerging issues
- challenging acts of guardianship and trusteeship authorities
- other protection of the rights and legitimate interests of the principal
