Children who, due to life circumstances, were left without parental attention and care, should be provided with the protection of state bodies. They are assigned to foster families or to specialized institutions where they will be supervised and cared for. In addition, minors in this case are not considered orphans, but only children who are left without parental care, because legal representatives are limited or deprived of their rights, do not fulfill their duties. An orphan can only be called the child who lost both his father and mother because they died.
Definition
A child left without parental care is a minor who was left without care, attention and material support of the latter, due to the fact that they were deprived or limited in their rights to it, they shy away from upbringing, are absent for a long time, and do not take it away from educational institutions.
The issues of placement of such children in foster or foster families or in specialized institutions are dealt with by state social services. They must identify such minors, keep records of them, and also monitor their future life, nutrition and development, if the latter were transferred to other people for education.
Device
Orphans and children left without parental care are identified in specialized institutions so that they can eat, develop and receive an education.
There are several forms for the device of minors:
- guardianship or guardianship;
- adoption; adoption;
- foster or foster family.
If such opportunities for determining children are not available, then they should be transferred to special institutions. The latter can be of the following types:
- orphanages;
- boarding schools;
- social rehabilitation centers and shelters.
Art. 155 of the Code on Family Relations suggests that the list of such institutions can also be supplemented by other non-profit organizations that will perform their main functions in the form of supervision of such minors.
In this case, assistance to children without parental care is provided by the state in the person of special social services that deal with their placement in foster and foster families, as well as in specialized boarding schools and temporary shelters.
The timing
Guardianship authorities have the right to identify minors in these institutions for permanent or temporary residence.
In the event that the child is placed in an orphanage for an unspecified period, all the responsibilities for care, nutrition and maintenance fall on this organization.
If the minor was assigned to a boarding school temporarily, then all legal rights are reserved for legal representatives, guardians, trustees. At the same time, these persons must have good reasons (serious illness, long business trip), in connection with which they cannot properly monitor and care for their children.
Regardless of whether the child will be temporarily or permanently in a specialized institution, the guardianship authorities draw up the relevant act upon its transfer to the specified organization.
Main responsibilities
The following functions are assigned to guardianship bodies:
- ensuring the placement of a minor in a specialized organization, where he will receive education, be supervised and fully maintained;
- control over the activities of the institution where small citizens live.
Until that moment, until the child becomes an adult, he will be under their close attention and supervision.
The protection of children without parental care rests entirely with the guardianship authorities, which thus fulfill their main functions.
Help
A child left without parental care is a minor citizen who has the right to receive food, education and housing from the state, because he has lost the care of relatives and friends. Similar assistance is provided to children by state bodies, which transfer them to specialized shelters and boarding schools. For this, there are social services. In addition, every caring person can help children by contacting a specialized institution for this.
Data
A child left without parental care is a minor who is in the bank of registration of children who need help and protection. In order to get any information about minors, or if you want to take them for raising a family, you must contact the regional operator. The bank's website has profiles of babies, along with photos and brief information.
Data on children deprived of parental care exist for accounting by specialized bodies that monitor them, as well as for the exercise of the rights of citizens who want to take a child to raise a family or adopt.
Forms
A child left without parental care is a minor who needs the care and help of the state. In this case, specialized bodies will deal with its determination in a boarding school or shelter.
There are several forms of placement of minors who have lost the support of loved ones:
- adoption, which is carried out after registration of all necessary documents, is the adoption of a child by consanguinity, after which it is no longer possible to refuse;
- guardianship - established over a child under 14 years old, after this age only guardianship is possible; they mean the minor is living with people in their house under the constant supervision of social services;
- foster family - minors are handed over to citizens after registration of the contract; replaces the latter in a special organization.
State support
The rights of children without parental care should in no case be violated. Therefore, there is government support aimed at protecting them. Children in this case have the following rights:
- on education;
- for medical care;
- for housing;
- to carry out labor activities.
The protection of children left without parental care is carried out with the help of state guardianship authorities, thanks to which the child will be able to find a new and strong family, which will be better able to take care of him and his future.
Work
Citizens deprived of parental care, when applying to the employment service, must be registered as unemployed with the purpose of benefits, which will correspond to the average salary in the region. Moreover, these persons have the right to undergo vocational training with the appointment of a scholarship. In addition, if an employer violates their rights during employment, he will be liable in accordance with applicable law.
Medical service
Children without parental care and orphans are guaranteed free assistance in case of their illness. In addition, they are entitled to treatment outside the Russian Federation if they have sufficient medical indications after the examination, which will be carried out at the expense of money from the federal budget. Also, these minor citizens are sent to health camps at no cost.
Getting housing
Children who were left without parental care and orphans should be in specialized institutions where they will be supervised and supervised by guardianship authorities. After reaching the age of 18 by these persons, they have the right to provide them with comfortable housing. In addition, it must be in a condition suitable for living. The possibility of obtaining housing remains for these persons even after the last 23 years.
Judicial defense
In the event that the rights of children without parental care and orphans are violated, their legal representatives and the prosecutor are entitled to apply to higher instances to restore social justice. In this case, these citizens can apply to the court, which is located at their place of residence.
The protection of the rights of children without parental care is carried out by professional lawyers free of charge, because such a rule is established by the legislation of the Russian Federation.
When applying to the judicial authority, the prosecutor always proceeds from the fact that citizens of those children who have lost their parents, due to their difficult financial situation, cannot do this on their own. In addition, they need state protection.
The organization
The types of institutions for children who have lost parental care are quite different from each other, and each has its own purpose.
Organizations containing minors include:
- educational, where they are trained and brought up;
- social services, if the child has severe mental and physical disabilities;
- health care systems.
Institutions for children left without parental care can not always provide them with a full-fledged education and development, therefore, guardianship authorities always try to find a good family for each such baby.
These organizations exist of several types:
- social shelter designed for temporary stay;
- a child’s home, where minors under three years of age are placed, if they were left after birth, to help single mothers;
- boarding school where minors live and study;
- Orphanage - specializes as an institution for children of different ages.
In addition, the pace of placement of small citizens into families is not very impressive. Therefore, the number of children left without parental care is becoming more and more. Also, not every child can be taken to raise a family in connection with various medical indications, sometimes it will be better for him to be under the supervision of specialists of the correctional institution.