What is paid and gratuitous guardianship?

Federal Law No. 48 of 2008 gives the concept of guardianship as a form of care for incapacitated and minor people (aged 0 to 14 years). The guardian becomes the legal representative of the ward and carries out legally significant actions on his behalf.

A guardian may perform his duties on a paid or gratuitous basis.

As a rule, gratuitous guardianship is arranged by the ward's relatives (grandmothers, sisters). Although the law does not prohibit them from applying for a paid option, often guardianship departments insist on prescribing the free form of the device.

The law does not provide for differences in the rights and responsibilities of a guardian depending on the form of placement. The main difference is the presence of a monthly remuneration for performing duties. In addition, paid guardianship is considered a professional form of arrangement. The guardian performs duties on the basis of a contract and receives seniority.

Paid and free guardianship of minors - payments

/ Guardianship / Paid and free guardianship

The needs of children who are left without parental care are taken care of by the state, first of all, by paying benefits (one-time and permanent) and providing various benefits. Another way is financial support for guardians and trustees who have taken care of children, because raising and maintaining a ward requires significant costs.

The legislation of the Russian Federation provides for several forms of placement for orphans and children left without parental care, but only some of them provide for receiving compensation from the state.

In this article we will look at what gratuitous and paid guardianship is.

Guardianship and custody

Guardianship and guardianship is a form of placement for minor children who are deprived of parental care (according to Article 145 of the RF IC):

• Guardianship is assigned from birth to 14 years of age.
• guardianship is assigned from 14 to 18 years of age.

The essence of guardianship or trusteeship is that an adult citizen who meets the requirements of the law, has completed a training course and received a conclusion from the Guardianship and Trusteeship Authority (TCA), accepts into the family a child whose parents, for one reason or another, cannot fulfill parental responsibilities.

The decision/order/instruction to transfer a child into guardianship or guardianship is made by a local authority or self-government body. The guardian/trustee becomes the legal representative of the ward, which is confirmed by the certificate issued to him.

Guardianship and trusteeship can be paid or gratuitous (Article 16 of the Federal Law “On Guardianship and Trusteeship”).

Adoptive family

A foster family is family guardianship or care for orphans and children left without parental care (Article 152 of the RF IC). Adoptive parents are given all the rights and responsibilities of guardians or trustees in relation to children adopted into the family.

Adoptive parents can be spouses or unmarried persons (Article 153 of the RF IC).

The number of children who can be accepted into a foster family (including relatives) should not exceed 8

Types of paid guardianship and trusteeship

In 2021, in accordance with the law, the following types of paid guardianship can be distinguished:

• guardianship under a foster family agreement;
• patronage

Guardianship under a foster family agreement

A foster family is recognized as guardianship or trusteeship, which is carried out under a foster family agreement. It is concluded between the guardian and the municipality at the place of his registration.

Important! In case of a change of residence, the citizen must immediately notify the guardianship department of the move and terminate the contract.

In 2021, foster care is the most popular form of paid care. To register a foster family, the guardian must submit an application to the guardianship department at the place of registration to conclude an agreement with him.

The Guardianship Department must respond within 10 days.

If there are no grounds for refusal, the contract must be concluded. Otherwise, a citizen can go to court and claim evasion from concluding a contract. The contract is valid until the child reaches adulthood. It can be issued both in relation to each pupil individually, and in relation to several children at the same time.

If a document is issued in relation to several children at once, then its validity ends when the youngest of them reaches adulthood.

Patronage

In 2021, this type of paid guardianship, such as patronage, is practically not implemented. First of all, there is no federal regulatory regulation for this type of device. On the other hand, employees of organizations for orphans can arrange foster care for minor pupils of the organization. In such a situation, the citizen receives a number of responsibilities in relation to the child and a small payment. But the organization’s student continues to live in the institution. In addition, the rights of a foster carer in relation to a child are limited. He cannot dispose of his property and income.

Regulatory regulation of this type of device is regulated by legislative acts of regions and local acts of organizations.

What is the difference between foster care and guardianship?

Termination of guardianship and trusteeship of children and incompetents

Guardianship and trusteeship of minors

when adopting a child by one of the spouses - the consent of the other spouse or a document confirming that the spouses have terminated their family relationship and have not lived together for more than a year. If it is impossible to attach the relevant document to the application, the application must indicate evidence confirming these facts;

2. When assigning a guardian (trustee) to a child, 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 the guardian (trustee’s) family members towards the child are taken into account, and also, if possible, the desire of the child himself.

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Forms of paid guardianship

In 2021, in the Russian Federation, paid guardianship is implemented both in relation to minors and in relation to the incompetent. A prerequisite is full compliance with the requirements for a guardian and the presence of a conclusion on the possibility of being a candidate.

Over a minor

The rules for registering paid guardianship of a minor are regulated by Government Decree No. 423 of 2009.

Basic rules for creating a foster family:

• Only children left without parental care are placed in foster care;
• the duties of the legal representative are carried out on the basis of an agreement;
• the number of children should not exceed 8 people (including blood);
• a minor aged 10 years or older must consent to be placed in a foster family.

The foster parent can receive remuneration from the local government, as well as from the funds of the ward. Remuneration from children's property cannot exceed 5% of the child's total monthly income. The amount of a child’s income is determined by the guardian’s report, which the citizen is obliged to submit annually to the guardianship department.

Over an incompetent adult

The law provides for the possibility of obtaining paid guardianship over an incapacitated citizen. In this case, an agreement is concluded on the performance of the duties of a guardian for a fee.

In 2021, there is no provision for payment from the state for performing the duties of a guardian over incapacitated citizens. The only option is to receive a share of the ward's income. The guardian can receive up to 5% of the total amount of all income. As a rule, an incapacitated citizen has a monthly pension. In some cases, there are income from renting out an apartment, various payments and benefits.

If the ward has property that is managed by a guardian or trustee, this information is also included in the guardian's report. All specified amounts are subsequently counted when calculating remuneration.

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Paid guardianship of minors

A foster family is a form of guardianship for children left without parental care, which is carried out on a reimbursable basis. Adoptive parents are people who, as a rule, have no blood relationship with the children.

An agreement is concluded between the adoptive parent and the city administration, on the basis of which the adoptive parent receives a monetary reward for his work in raising the adopted child, as well as various social support measures.

Documents required for establishing a foster family

For the adoptive parent

1.

An application from the candidate with a request to be appointed as a guardian (trustee) on a reimbursable basis (written after the entire package of documents has been collected).

2.

Certificate from the place of employment indicating the position and average salary for
the last 12 months
, for pensioners - copies of the pension certificate, a certificate from the Pension Fund. Certificates must be certified by the heads of the institutions that issued the certificates, the chief accountant (accountant) and the seal of the institutions. If there is no form of the institution, the stamp of the institution is in the upper left corner.

3.

A certificate from the internal affairs authorities confirming that the candidate for adoptive parents has no criminal record for an intentional crime against the life and health of citizens, which is ordered through the MFC and the State Services portal, a certificate of criminal record for all names (premarital and actual).

4.

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 foster parent. Certified by the signatures and seals of medical specialists, as well as the seal of a healthcare institution.

5

. A copy of the marriage certificate (if the citizen who has expressed a desire to become a foster parent is married).

6

. Consent to guardianship of the spouse of the candidate for adoptive parents and all adult family members (written application), as well as copies of their passport.

7

. A copy of the passport of the candidate for adoptive parents.

8

. Autobiography of a person wishing to organize a foster family.

9

. Characteristics from the place of work of the candidate for foster parents and from the place of residence from the housing department. Certified with a seal and signed by the manager or neighbors.

10

. An act of examining the living conditions of the candidate for adoptive parents (the examination is carried out by specialists from the guardianship department).

11

. A certificate from the passport and visa service about registration at the place of residence of the candidate for adoptive parents, a certificate from the housing department about the absence of debt for utilities.

12

. Information about the housing of the candidate for adoptive parents (municipal, privatized, cooperative), photocopies of documents for the apartment (certificate of state registration of rights, warrant, contract).

13

. Certificate of completion of training for persons wishing to adopt a child left without parental care into their family on the territory of the Russian Federation (as directed by the department of guardianship and trusteeship).

14. SNILS.

Per child

1.

A copy of the child's birth certificate.

2

. A copy of the child's passport (if the child is over 14 years old).

3

. The child’s consent, if he is over 10 years old, to be transferred to a foster family.

4.

Medical report on the child’s health status (as directed by the guardianship authorities);

5

. A copy of the child's compulsory health insurance policy.

6.

Certificate from an educational institution (school, kindergarten, college, etc.).

7.

Characteristics of a child from an educational institution.

8

. Information about parents (copy of death certificate, court decision on deprivation of parental rights, parental consent to guardianship, certificate from places of imprisonment, etc.).

9.

Certificate from the passport and visa service confirming registration at the child’s place of residence.

10.

Information about the minor’s housing (municipal, privatized, cooperative), photocopies of documents for the apartment (certificate of state registration of rights, warrant)

11

Inventory of property in three copies (if any).

12.

One photo per child (3 by 4 cm).

13. SNILS.

Similarities and differences between paid and gratuitous guardianship

All types of guardianship are provided to protect children's rights in cases where the mother and father are unable to fulfill their duties. However, each type has its own nuances.

Guardianship and trusteeship of minors: selected complex legal issues

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 into 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 ).

The content of paragraphs 6-10 of Article 10 of the Federal Law “On Guardianship and Trusteeship” allows us to single out as a criterion for classification the number of subjects on the side of guardians and trustees and not on the side of wards. As a general rule, each person in need of guardianship and trusteeship can have one guardian and trustee. However, based on the interests of the ward, the guardianship and trusteeship authority has the right to appoint several guardians or trustees for him, or to give the same person the legal status of a guardian or trustee in relation to several wards at once. Legislative consolidation of the principle of plurality in guardianship and trusteeship relations legalizes real life situations in which, for example, grandparents simultaneously become guardians or trustees of a child. Plurality on the side of wards arises when the issue of guardianship or guardianship of siblings is decided.

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How to switch from paid to gratuitous care?

Often, guardians want to change the form of placement from guardianship to foster care. Since it provides for equal rights and responsibilities, additional payment and length of service.

Procedure for re-registration:

1. Submitting a written application to the guardianship department at the place of permanent registration.
   Since the law does not provide for the form of such an application, it is necessary to draw it up in free form. Important! It is necessary to justify the reasons for the decision.
2. Review of the application within 10 days.
3. If the answer is positive, a contract is concluded.
4. If the answer is negative, go to court with a request to force the municipality to conclude a contract.

It is necessary to take into account that the guardianship department does not have the right to refuse to change the form of the device. But the guardian must explain the reasons for the transition (need for work experience, need for additional payments).