Providing for orphans. Social support for orphans and children without parental care

A child may lose those closest to them due to their premature death.

However, as society grows in prosperity, the number of children deprived of family warmth with healthy parents.

Whatever the root of evil is, the child will not be left alone with the problem. The state takes upon itself the issues of its development.

Let's consider which children are classified as left without parental care whether this status differs from orphanhood, and what kind of support a little person can count on.

Features of the status

From a legal point of view concepts Orphanhood and lack of parental care differ:

Common situations social orphanhood when parents consciously abdicate all responsibility for the child. These people may be socially and economically disadvantaged or quite successful in life, but a child is always a hindrance for them. And then the parents:

refuse to take children from medical or educational institutions, issuing an official refusal. This can happen immediately after the baby is born or some time later;
they simply “forget” about children in such institutions without legally relinquishing parental responsibilities.

Another one category of reasons, when children are left without parental attention, is associated with degradation of the mother/father’s personality due to addiction to alcohol and psychoactive substances, and an antisocial lifestyle. Moreover, in this situation, parents are sometimes attached to the child in their own way, in rare moments of enlightenment showing all possible care for the child. But this is an exception to the course of events. Usually, being in the family of origin is an emotional trauma and is simply dangerous for the baby.

Sometimes, in order to eliminate terminological confusion, minor orphans are also included in the category of children left without care. But in the future we will talk specifically about social orphanhood.

Legislative regulation of the issue

Negligent mothers and fathers are condemned. But the state does not stand aside, providing children with difficult life situation support.

Its principles regulate:

Family Code of the Russian Federation;
Federal Law No. 159 dated December 21, 1996 “On additional guarantees orphans and children left without parental care";
Federal Law No. 44 dated April 16, 2001 “On state bank data on children left without parental care.”

If the above situations arise, the fate of the minor is authorized to be decided guardianship authorities. Employees of the Abandoned Child Guardianship Department monitor supervised families, living conditions and upbringing of minors in social institutions

How to apply for this status

Grounds for recognition a child who has lost custody is much more important than the well-known deprivation of parents of their rights.

But in any case, the guardianship authorities are obliged to make a decision on the permanent arrangement of residence and upbringing of the minor within one month from the moment such grounds are discovered.

What is it for

It is important to understand that this status must be officially assigned. And you absolutely must do this:

firstly, for the applicant to receive social support measures and benefits. This is a very long period of time until the child turns 18 years old. There were cases when a person who had reached the age of majority, who was actually left without parents, could not receive it only because at one time the guardianship authorities did not properly formalize his status.
Secondly, the official status will protect the secondary orphan from financial claims in the future by failed parents. Life is full of examples when an elderly alcoholic remembers the title of parent after the adult child achieves significant success, and at his expense one can make good money.

How to assign a status

The state provides a special algorithm for registering the status of a child left without parental care. Doing this is somewhat more difficult than recognizing him as an orphan.

Here you have to prove termination legal dependence of the child on the parents (or connection with them). This function is assigned to the judiciary.

The initiator of the procedure must be presented at the meeting documentation:

decisions on detention, imprisonment, as well as confirmation from penitentiary institutions about serving a criminal sentence;
confirmation of the initial absence of parents - with dashes in the corresponding columns, statements of abandonment of the child, papers on admission to a social institution of foundlings and foundlings;
preliminary court decision to deprive the mother and/or father of parental rights;
certificates, extracts and other confirmation of a parent’s serious illness with limitation of his physical and/or legal capacity from health care institutions.

If necessary, other evidence permitted by law may be provided. For example, testimonies of witnesses and eyewitnesses, audio and video materials.

But who can act as assigner for a minor who finds himself without parental attention and support:

Of course, state guardianship and trusteeship authorities;
Relatives, as well as employees of educational, medical and social institutions;
Upon reaching the age of 14, the child himself can petition (in writing) before the guardianship for his own removal from the family, restrictions on the rights of parents, etc. However, the decision on judicial consideration of the issue is made by the state body.

From the date of receipt of a message about improper living conditions of a minor, the guardianship authorities are obliged to check the child’s place of residence within 3 days.

Actions of government agencies

Further guardianship finds out the fact of lack of guardianship of parents or relatives and, if the situation is confirmed:

measures are taken to protect rights and interests (removal from the family, temporary placement in a social hotel, orphanage, etc.);
the information is sent to the executive authority of the subject for placement of data in the regional data bank of orphans.

At the same time, the issue of permanent placement of the child is resolved, information about him is placed in the federal data bank of children without parental care (Federal Law 44).

Local executive power within a month from the date of submission of data to the regional bank, it must take measures to place the minor in a family of citizens on the territory of its subject. If a suitable option is not available, federal government structures become involved in the problem. They place the child in the care of families from other regions of Russia.

Actions of guardians, social workers institutions

After assignment of status, these persons apply to the MFC or Pension Fund to apply for specific pensions, as well as open a personal bank account for the child.

You need to have a package of documents with you:

passport of a citizen of the Russian Federation, for an employee of an institution - a power of attorney to represent the interests of the child and the organization;
birth certificate of the ward;
documents confirming preferential status.

The exact list of papers depends on the specific circumstances of social/biological orphanhood.

State support for this category of citizens

Survivor's pension

Possible only in the event of the death of parents or their recognition as dead/missing by court.

It is paid until the child reaches the age of majority, and when continuing full-time education - up to 23 years of age.

Educational benefits

Stands out natural help and purchase allowances school supplies, teaching aids, preparation for school. in the canteen for free.

Also free of charge, but you will have to pay for the travel.

All additional courses are provided free of charge. When entering universities, colleges, and full-time colleges, students without parents continue to receive assigned social benefits and payments.

If a student receives a scholarship, then the standard amount increases by 50%, and “lifting” benefits are paid annually in three times the amount.

Housing

Upon completion of education at a boarding school, an adult child claims his own square meters of living space.

But only if consistent conditions:

he does not have social housing or property (for example, left after his parents);
relatives do not have an “extra” quadrature on which they can register the child;
if the existing housing does not meet sanitary and other standards.

"Communal" and housing and communal services

Condition for benefits is as follows: full-time study at a school or vocational institution, as well as the availability of living quarters.

In this case, they are exempt from utility bills and accommodation. Own your own home? Then 100% discount. If the child lives in the guardian’s apartment, the benefit applies to the standard area of the guardian’s apartment.

Medicine

In public health care institutions, children left without parental care can count on for free help. If there is evidence, rely discounted vouchers in a sanatorium, drug provision. When there is a disability, the list of preferences is wider depending on the group and disease.

Part of the assistance comes from the federal budget. But in the last few years there has been a noticeable trend towards redistributing most of the aid to the regional level. The regions have their own support programs for this category of beneficiaries. You can find out about the full range of assistance measures at the MFC, pension departments and SZN authorities.

Social help

The state guarantees them increased legal protection, which covers the main aspects of life:

housing issues;
obtaining education at various levels;
labor guarantees;
medical service.

The government strongly encourages family guardianship of children without parents by establishing one-time and monthly benefits, natural benefits also for caregivers.

But there is no way to make money from guardianship: supervisory authorities control the quality of guardianship and “guide” the child almost until adulthood.

The rights of this category of citizens are described in the following video:

Guarantees for the provision of housing for orphans are regulated by the federal law “On additional guarantees for social support for orphans and children left without parental care.” Since 2013, the law on the procedure for providing apartments under a social tenancy agreement to orphans has undergone changes. In particular, now orphans have the right to receive housing on a first-come, first-served basis.

In 2019, the government proposed a new procedure for registering orphans who must be provided with housing. It lies in the fact that now their legal representatives will be able to independently submit applications for registration of a child in need of housing. As noted in the ministry, the guardianship and trusteeship authorities will monitor the timely submission of applications by guardians to include children in the register. The relevant documents must be submitted by the child’s legal representatives within three months after the child turns 14 years old. It is clarified that residential premises are provided to orphans and persons from among them upon their application in writing upon reaching the age of 18 years or acquiring full legal capacity before reaching the age of 18 years.

The law also contains rules protecting orphans from criminal attacks on housing. The measure is explained by the fact that often orphans are not registered and are forced to go to court to get housing. The total number of apartments provided to children without parental care should not exceed 25% of the total number of apartments in this apartment building. This measure is intended to eliminate situations where the house is inhabited only by orphans who are not fully socialized and who have no one to turn to if difficulties arise.

Federal Law of December 21, 1996 N 159-FZ
(as amended on December 25, 2018)
"On additional guarantees for social support for orphans and children left without parental care"

RUSSIAN FEDERATION

THE FEDERAL LAW

ABOUT ADDITIONAL GUARANTEES

ON SOCIAL SUPPORT OF ORPHANS AND CHILDREN,

LEFT PARENTAL CARE

State Duma

Federation Council

List of changing documents

(as amended by Federal Laws dated 02/08/1998 N 17-FZ,

dated 08/07/2000 N 122-FZ, dated 04/08/2002 N 34-FZ, dated 01/10/2003 N 8-FZ,

dated 22.08.2004 N 122-FZ, dated 17.12.2009 N 315-FZ, dated 16.11.2011 N 318-FZ,

dated November 21, 2011 N 326-FZ, dated February 29, 2012 N 15-FZ, dated July 2, 2013 N 167-FZ,

dated July 2, 2013 N 185-FZ, dated November 25, 2013 N 317-FZ, dated November 4, 2014 N 333-FZ,

dated December 22, 2014 N 442-FZ, dated December 31, 2014 N 500-FZ, dated November 28, 2015 N 358-FZ,

dated July 3, 2016 N 359-FZ, dated December 28, 2016 N 465-FZ, dated May 1, 2017 N 89-FZ,

dated 03/07/2018 N 56-FZ, dated 07/29/2018 N 267-FZ (as amended on 12/25/2018), dated 03.08.2018 N 322-FZ)

This Federal Law defines general principles, maintenance and measures of social support for orphans and children left without parental care, persons from among orphans and children left without parental care, as well as persons who lost both parents or a single parent during their studies.

(preamble as amended by Federal Law dated July 3, 2016 N 359-FZ)

Article 1. Concepts used in this Federal Law

For the purposes of this Federal Law, the following concepts are used:

orphans - persons under the age of 18 whose both or only parents have died;

children left without parental care - persons under the age of 18 who are left without the care of a single parent or both parents due to deprivation of their parental rights, restriction of their parental rights, recognition of parents as missing, incapacitated (limitedly capable), declaring them dead, a court establishing the fact that a person has lost parental care, parents serving a sentence in institutions executing a sentence of imprisonment, being in places of detention of suspects and accused of committing crimes, evasion of parents from raising their children or from protecting their rights and interests, refusal of parents to take their children from educational organizations, medical organizations, organizations providing social services, as well as if the only parent or both parents are unknown, in other cases of recognition of children those left without parental care in accordance with the procedure established by law;

persons from among orphans and children left without parental care - persons aged 18 to 23 years, who, when they were under the age of 18, both or their only parent died, and also who were left without the care of a single or both parents and have, in accordance with this Federal Law, the right to additional guarantees for social support;

persons who lost both parents or a single parent during their studies - persons aged 18 to 23 years, who, during their studies in their main professional educational programs and (or) both parents or a single parent have died in vocational training programs for blue-collar professions or white-collar positions;

(paragraph introduced by Federal Law dated July 3, 2016 N 359-FZ)

organizations for orphans and children without parental care - educational organizations, medical organizations, organizations providing social services, where orphans and children without parental care are placed under the supervision;

(as amended by Federal Law dated July 2, 2013 N 185-FZ)

guardianship and trusteeship - a form of placement of orphans and 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 the age of 14; guardianship is established over children aged 14 to 18 years;

foster family - 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 authorities and adoptive parents (spouses or individual citizens who wish to take children into a family for upbringing );

complete state provision orphans and children left without parental care - providing them with free food, a free set of clothes, shoes and soft inventory, accommodation in residential premises without charging a fee or reimbursement of their full cost, as well as free medical care;

(as amended by Federal Laws dated December 17, 2009 N 315-FZ, dated July 2, 2013 N 185-FZ, dated November 25, 2013 N 317-FZ, dated July 3, 2016 N 359-FZ)

full state support and additional guarantees for social support upon receipt vocational education and (or) when undergoing vocational training - provision to orphans and children left without parental care, persons from among orphans and children left without parental care, persons who lost both parents or a single parent during training, full-time students form of training in basic professional educational programs at the expense of the corresponding budgets of the budget system of the Russian Federation and (or) under vocational training programs for blue-collar professions, office positions at the expense of the budgets of the constituent entities of the Russian Federation or local budgets, free food, a free set of clothes, shoes and soft equipment or reimbursement of their full cost, provision of living quarters in the manner prescribed by Federal Law of December 29, 2012 N 273-FZ "On Education in the Russian Federation", legally established additional measures for the social protection of the rights of orphans and children left without care of parents, persons from among orphans and children left without parental care, persons who lost both parents or a single parent during their studies, as well as free medical care until completion of training in these educational programs;

graduates of organizations for orphans and children without parental care - persons who are placed under the supervision of organizations for orphans and children without parental care, on full state support and have completed their stay in this organization;

(as amended by Federal Law dated July 2, 2013 N 185-FZ)

additional guarantees for social support - legislatively enshrined additional measures for the social protection of the rights of orphans and children without parental care, persons from among orphans and children without parental care, persons who lost both parents or a single parent during their studies students studying full-time in basic professional educational programs at the expense of the relevant budgets of the budget system of the Russian Federation and (or) in vocational training programs for blue-collar professions, white-collar positions at the expense of the budgets of the constituent entities of the Russian Federation or local budgets.

(as amended by Federal Law dated July 3, 2016 N 359-FZ)

Article 2. Relations regulated by this Federal Law

(as amended by Federal Law dated July 3, 2016 N 359-FZ)

This Federal Law regulates the relations arising in connection with the provision and provision by public authorities of additional guarantees for the social protection of the rights of orphans and children without parental care, persons from among orphans and children without parental care, as well as persons who lost both parents or a single parent during their studies.

Article 3. Legislation of the Russian Federation on additional guarantees for social support for orphans and children left without parental care