Difference between foster care and foster care: what are the similarities and differences?

What is the difference between adoption, guardianship and foster family?

It is stated above that a foster family exists on the basis of an agreement.
Foster parents are paid a salary for raising a minor. At the same time, the child knows that he was taken into care until he reaches 18 years of age. There are several disadvantages of adoption, namely:

• registration takes longer, a court decision is required;
• There are no subsidies from the state when adopting an infant into a family; they are provided only to biological parents;
• It is necessary to have your own home and a sufficient level of income;
• There are restrictions on adoption (it is necessary to obtain consent from relatives, if any).

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As mentioned earlier, the concepts of adoption, guardianship, guardianship and foster families are not identical. In this regard, the financial assistance provided by authorized government bodies varies depending on the circumstances.

If a child is adopted for adoption, the state provides for the payment of several types of benefits. These include:

• monthly;
• federal;
• regional;
• one-time

The size of the expected payments also varies depending on the age of the adopted child. Important! When adopting a child, his parents are provided with a greater number of preferences, benefits and benefits than when taking a minor under guardianship or trusteeship.

In case of taking guardianship or trusteeship of a child, parents have the right to count on state assistance in the form of benefits - regional, one-time and monthly. But the amount of financial support for guardianship is less than for adoption. In addition to payments, parents are provided with financial support for the ward if:

• the child’s parents are alive, then they are obliged to pay alimony for his maintenance until the child becomes an adult citizen;
• the ward is disabled. In this case, the benefit paid will depend on the disability group.

When a young child is taken into foster care, the state pays a lump sum when the terms of the agreement are properly fulfilled. In addition to this remuneration, adoptive parents are entitled to monthly financial support from specialized government agencies.

As a result, we can conclude that a family that adopts a child, or takes the child under guardianship (forms guardianship for a minor), or becomes an adoptive family, has the right to receive money from the state. The main thing is to decide on the level of responsibility that will be assigned to them when taking a child into care.

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At the moment, Russian legislation provides for several types of placement of children in families: adoption, guardianship, foster family and patronage. Therefore, it is very important to understand the difference between guardianship and foster care.

First, let's look at guardianship. This is the adoption of a child into a family as a child being raised. Guardianship can only be granted to children under 14 years of age.

Children are most often taken into custody by the closest relatives, since they have an advantage over others who wish to do so. Among the advantages of this form:

1. The state pays a monthly allowance for the child under guardianship.
2. Guardianship and trusteeship authorities provide assistance to guardians in organizing the education, recreation and treatment of the child.
3. After 18 years of age, the ward is given an apartment (or any other housing) if he does not have one.

But at the same time, the ward is not a full member of the family and does not always participate in accepting the inheritance. When placing a child under guardianship, no secrecy is maintained, and contact with family and friends is possible.

A foster family is a form of raising children at home with a stepparent(s). Such families often include children who cannot be placed under the care of close relatives (for various reasons). A foster family, in essence, replaces a child’s stay in an orphanage/orphanage with home education.

Some nuances must be specified in the contract. Eight children taken from an orphanage or an orphanage can be raised in a foster family at the same time.

In a foster family, a child is also paid a monthly allowance and benefits are provided for trips to health and medical institutions. It also provides for the allocation of funds for the purchase of necessary things, for example, furniture. The only negative for adoptive parents is an annual report to the guardianship and trusteeship authorities (they report on the funds spent, provide checks and other documents on waste).

Not everyone can create a foster family, because it is a big responsibility. Children cannot be fostered by:

• persons who are not yet eighteen years old;
• people who have chronic health problems or serious illnesses, such as cancer or tuberculosis;
• persons who have been convicted or have previously been deprived of parental rights.

Children who end up in a foster family have the same rights and responsibilities as natural children. An exception is the right to inheritance. An adopted child cannot automatically inherit the parent's property (only if a will is written in his favor).

Which is better: guardianship or foster care? It is difficult to give a definite answer to this question, since there are different situations. For example, if a child is left without parents (they died, disappeared, or were deprived of parental rights), then it is better for his close relatives to obtain guardianship. When registering guardianship of a child, you do not need to make an annual report to the guardianship authorities. But for a foster family this is a mandatory clause in the contract.

If the question is whether to take a child under guardianship or send it to a foster family, then OPPs first of all consider the option of guardianship. If the immediate family does not want to take the child, then the right is given to the adoptive family. But it is worth remembering that guardianship can only be granted three years after the child lost his parents. Actually, this is the difference between guardianship and foster care.

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Differences in payments to child caregivers

In both cases, a monthly allowance is paid . The guardian and foster family are helped to place the child in kindergarten, school, organize recreation and, if necessary, treatment for the person under guardianship .

The foster family is given benefits for housing, transportation , and also receives targeted payments for the purchase of furniture, home repairs and other expense items, depending on the state of the budget of the region of residence.

We recommend reading the article about payments to guardians.

Benefits for a family with a cared-for child

The new family of the adopted child receives an allowance every month , and its amount is not constant, since indexation is constantly being carried out.

The size of the benefit varies greatly depending on the region ( the source of funding is the regional, not the federal budget ).

Of course, the factor of having many children is also important, that is, the benefit depends on the status of the family . All details regarding receiving benefits must be clarified with the local guardianship and trusteeship authorities.

Foster family and guardianship: what's the difference?

A foster family is a person who, in accordance with the established procedure, took in a child from an orphanage to raise. You can only take minors whose parents were deprived of parental rights, died or went missing. An agreement for the provision of services is concluded between the guardianship authorities and the adoptive parents.

The contract is of a fixed-term nature and expires when the child turns 18 years old. This does not mean that the relationship between pupils and adoptive parents ends. But legally they become strangers to each other.

Guardianship is established between a child who has lost his biological parents and his other adult relatives. Upon reaching the age of 14, guardianship is established, since children have partial legal capacity.

Expert opinion

Maria Lokshina

Family law expert since 2010

Foster parents receive a salary for raising other people's children. They are also entitled to various benefits and privileges that are established in a particular region. You can find out about them from specialists in the guardianship department or the social benefits department. All of them are located in the district administration building.

Legislative framework of the issue

The main provisions according to which issues of placement of children left without parental care are regulated are enshrined in the following regulations:

• Articles 31-36 of the Civil Code of the Russian Federation.
• Chapters 20 and 21 of the Family Code of the Russian Federation.
• Federal Law “On Guardianship and Trusteeship”.
• Government Decree No. 423.

Also, additional acts may apply at the regional level.

Family formation

The law of the Russian Federation prescribes the regulations according to which a foster family is formed. You can find it in Art. 152 SK. A foster family is created on the basis of an agreement signed by parents and guardianship authorities. The content of the agreement is based on Article 153 of the ICRF. The agreement states:

1. Responsibilities of parents. This point implies organization of the child’s life, support, respect and help.
2. Responsibilities of guardianship authorities. The foster family is constantly monitored. The family has the right to receive payments, for example, a lump sum for each adopted child. Additionally, parents receive monthly rewards for each child under 10 years of age. Guardianship authorities must also provide medical support to the adoptive family.
3. Information about the adopted child and his biological parents.
4. Duration of the contract.

Most often, the child stays in the family until he reaches adulthood, but there are cases when the contract is drawn up for a certain time. The grounds on which the contract may be terminated are specified in Art. 153 SK:

• adoptive parents can no longer care for the child because they have health problems or financial difficulties;
• if violations of the child’s rights or abuse are observed in the foster family;
• the conditions specified in the contract are violated.

Each of these points may lead to termination of the agreement earlier than the specified period.

To form a foster family you will need a certain package of documents:

• certificate from the place of employment of the adoptive parents (the position, salary and characteristics must be specified);
• document on family composition;
• documents that confirm that the house where the adoptive parents live belongs to them;
• certificate of good conduct;
• Marriage certificate;
• autobiography written in a free style;
• written consent of everyone who lives with the parents.

When collecting documents, you should remember that some papers are valid for six months. Therefore, you should think through the procedure in advance. The best assistant for a foster family is the guardianship authorities. It is necessary to interact with legal representatives, and then the process of forming a foster family will go faster.

Kelly Galway, Ireland, 48, nurse

Long-term guardianship is common in Ireland and we have had a boy with very special needs living with us for over ten years. He is chronically ill and requires enteral nutrition. In addition, he has ADHD (attention deficit disorder) and autism. He needs special care and medications, and his mother could not provide all of this.

Not long ago, two teenage boys who lived with us for three years left us. They were thirteen and fifteen years old when we took them. They always wanted to return to their biological family, which eventually happened. We are not in touch right now.

As a caregiver, you must always assume that a child has been abused, either physically or sexually.

You may be offered a drug-addicted child or someone who has just completed rehab. Or girls who didn't have healthy relationships with men. Yes, guardians are given truthful and detailed information about children and their experiences, but you need to understand that children were not ready to talk about everything.

My own children were younger than boys when we took them in, so I had no experience with teenagers at that time. Therefore, their behavior was sometimes shocking, because we had not encountered some things before.

The first boy, John, had a difficult character. He eventually moved to England, where he was imprisoned. His mother treated him very poorly, she never played her assigned role, but was more of a friend to him. She got him addicted to drugs because she was an addict herself. It was because of drugs that he ended up in prison. John didn't go to school and was high almost the entire time he lived with us.

The second boy had a distorted view of women because he had been sexually abused.

He did not perceive me as a mother, but saw me primarily as a woman. And of course, the hardest thing for me was simply to restore chain of command.

There was no question of making him see me as a mother.

For the first six months, they both made every effort to get us to bring them back. Because before that, everyone abandoned them, including their grandparents. We knew this and were not going to refuse. We sincerely wanted to help and provide them with a strong family. In the end, they understood it and accepted it with gratitude. It is important not to forget that children often receive hostility from their guardians. They want to be not with you, but with their mother, even if she is an alcoholic, even if she put their lives in danger.

I didn't have any idealistic ideas. My parents had custody when I was a child. Sometimes they took girls who were pregnant, but hid it from the family. I grew up with this.

I am a nurse myself, so I looked at guardianship without unnecessary illusions and was ready. But I know many couples who go for it with the dream of taking home a cute blue-eyed, blond-haired baby. Even those people who have their own children do not always fully understand what they will be dealing with. You can't say, "Oh, I'll just take custody for a year." In this case, you will do more harm to the child than good.

You can't just throw away children who weren't right for you - they've been abandoned too often anyway.

People need to go into this with their eyes wide open. You must understand that you are giving away your home, your freedom, your time that you could spend with your own children. And since most often these are problem children, you spend much more time with them than with your own. You must understand the reasons why you are doing this so as not to cause resistance from your family.

You also need to be prepared for the fact that the process of obtaining guardianship is very difficult. The authorities carefully study the dossier of the adoptive parents, your family, and conduct about twelve interviews. And not only with you, but also with the rest of the family. If, for example, you were in a relationship before, even forty years ago, they will still find your partner and interview him.

You get the feeling that these people are tearing your life apart while you yourself are under constant interrogation for about six months. But children are also checked before being accepted into the family.

Supervisory authorities give detailed recommendations: what the child went through, what his experience was. The caregiver may say, “I can’t handle it.” This is absolutely normal.

My own children have already grown up and left home, so we only have one boy left and we are hoping to take on another child.

In a family of adoptive parents, like in any other, simple and understandable goals are pursued: stability, harmony and constancy. The difference is that in ordinary families these values ​​and way of life are formed a priori, and roles are distributed in advance. In adoptive families, Kirk says, where traditions are established only over time, there is a “role handicap” - a set of social and psychological reactions that complicate the process of human development and adaptation. Therefore, interpersonal communication skills become of great importance at the first stage.

The ability to experience empathy, to talk with a child about his origin as something normal and natural is a good beginning for a fairy tale with a happy ending.

These skills fit into the pattern of recognizing differences exemplified by Kelly's story.

A week after the interview, we called Ksenia. She talked about a recent meeting with the girls, about how she invited Katya and Marina to celebrate her birthday with them. Modestly, as before, we went to McDonald’s and went shopping:

“They bought sneakers and T-shirts again... I noticed a long time ago that during the entire time they lived separately, they didn’t even buy underwear for themselves, let alone anything else.”

The difference between guardianship and adoption

The implementation of guardianship is regulated by Chapter 20 of the UK. Special regulation is provided by relevant law No. 48-FZ of April 24, 2008. Guardianship and trustee responsibilities overlap in many ways.

Question:

What is the difference between the legal concepts of guardianship and trusteeship?

Answer:

According to the Civil Code of the Russian Federation, guardianship is established over minors under 14 years of age. It provides for full representation and execution of all transactions on behalf of the ward. Guardianship is used for minors from 14 to 18 years of age, who have the right to independently make decisions regarding certain legally significant actions. What the ward lacks the authority to do falls within the competence of the trustee.

If parents, due to life circumstances, are not able to fully take care of their child, they can use guardianship or trusteeship services. The main thing that distinguishes the status of a guardian is the presence of a high, but not full level of legal responsibility, as is the case with adopted children. Other specific features of these related forms of care include the following:

• the ward acquires the title of pupil, and not an equal participant among blood relatives. In this regard, there is no legal mechanism to keep the issue of a child’s origin a secret, to change his personal data or date of birth;
• this type of supervision is legitimized by the decision of the PLO, not the court. Thanks to this, the formality can be resolved much faster;
• The state provides financial support to citizens performing the functions of a guardian or providing care services. This is expressed in the payment of a monthly allowance, as well as in the provision of benefits for training, development, recreation and treatment;
• care, as well as guardianship, can be carried out on the basis of an agreement between the natural parents and the teacher. In this case, the parties have the right to provide payment for the work performed.

The main differences are indicated in the Federal Law “On Guardianship and Trusteeship”. These are similar concepts with no significant differences.

Guardianship and trusteeship involve caring for a minor if:

• biological parents are no longer alive or have been declared missing;
• they are unable to perform their functions due to health conditions;
• they were deprived of parental rights;
• It is planned to establish temporary guardianship.

Guardians are appointed over minors under 14 years of age or over adults who suffer from mental disorders. It is necessary to have a court decision declaring incompetence to be able to establish guardianship. Candidates only from immediate family will be considered. But they can all refuse to perform these duties, since they are assigned voluntarily.

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Then a search occurs among other persons who are ready to care for the incapacitated citizen. It is important that guardians are over 18 years of age and have no criminal record. The level of income, availability of your own home, reviews from colleagues and acquaintances, health status and other factors are also additionally taken into account.

Guardianship is established over teenagers from 14 to 18 years old or over adults who have problems with alcohol or drugs. When a child turns 14 years old, there is no need to specifically contact the guardianship authorities to change their legal status. It changes automatically.

A distinctive feature of guardianship is the ability of minors to carry out small everyday transactions.

When they reach 16 years of age, they can live separately from a caregiver. But for this you need to obtain permission from the guardianship department specialists.

First, let's note that there are some differences between guardians and trustees.

1. They talk about guardianship when it comes to children under 14 years of age or completely incompetent adults, who also need to be looked after like little ones.
2. Guardianship can be established, for example, over teenagers 14-18 years old, or over adults who are capable, but who need to be controlled in order to avoid trouble (for example, drug addicts). The trustee controls the transactions made by the ward.

Next we will talk more about guardianship, since our article is about children.

The main priority in raising any child is the family, whose members will support in difficult times and provide assistance in difficult situations. The correct formation of a person’s personality occurs only in this form of education.

When a child reaches 14 years of age, his legal representative becomes a guardian.

The staff of the institution that supervises guardians and trustees also includes citizens who are involved in raising children professionally; they are called foster parents. As a rule, they practice recruiting several children into their family, often becoming mothers and fathers for them, and after 18 years of age, they release them into adult, independent life. An agreement on foster family is concluded between them and the social welfare institution, within the framework of which they have their rights and obligations.

Guardianship, guardianship and foster care also have financial support. The foster parent is a kind of employee of a social development institution, therefore he receives a monthly remuneration for his activities (note, here we are only talking about the situation of caring for minors), its amount in 2021 is set at 18,004.12 rubles.

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. Depending on the region, the size may be higher. The foster parent is considered a professional employee who protects the rights and interests of children. A benefit is also paid in the amount of 40% of the adoptive parent’s income.

It is required if the minor has orphan status, or the parents are under compulsory treatment, are registered with a narcologist, are serving a sentence, or have been deprived or limited in parental rights. If parents evade their responsibilities, such benefits are not assigned.

The advantages of establishing guardianship compared to keeping a child in a state institution include:

• raising a child in a family with instilling in him the necessary social norms and values, the correct formation of personality;
• protection of his property and financial rights;
• control over training, health and life protection;
• successful adaptation in society.

Flaws

Guardianship has only one drawback - if during the stay in the family, the guardian improperly fulfilled his duties, then the child may remain unprotected financially and property-wise after reaching adulthood. In addition, cases of domestic abuse are quite rare, but sometimes occur.

A person who decides to take guardianship or adopt a child asks the question: what is the difference between guardianship and adoption?

The difference between guardianship and adoption is global; these are 2 completely different forms of placing children in families. They have the following differences:

• adoption differs from guardianship in its purpose - guardianship or a foster family may involve raising a child up to 18 years of age, and adoption is confirmed by the status of a son or daughter;
• the guardian provides for the needs of the child, relying on financial support from the state, and the adoptive parent acts independently in this regard;
• guardianship is formalized in the department of guardianship and trusteeship, and adoption is established in court;
• guardianship and guardianship are monitored by specialists from the guardianship and guardianship department until the child reaches 18 years of age by checking the living conditions of the wards; adopted children are checked only during the first three years after the trial.

What is better is guardianship or adoption, only the future parents themselves can decide, since the preparation of documents depends on the goals of the candidates, for what period they are ready and able to raise a child. The difference between them can also be seen in legislative aspects. The mechanism for establishing guardianship is regulated by the Federal Law “On Guardianship and Trusteeship”, and the adoption process is regulated by the Family Code of the Russian Federation.

§ 1.2 Guardian family as a form of social protection for children left without parental care

A guardianship family is a family in which a child is placed under guardianship or guardianship.
Guardianship or guardianship is established over 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 14 years of age, guardianship over minors aged 14 to 18 years.

Adult, capable citizens are appointed as guardians and trustees. A guardian and trustee are appointed by order of the head of the city or district at the place of residence of the minor or the guardian (trustee)1.

What is guardianship?

In modern Russia we are faced with a number of different foster families: adoptive families, guardianship, foster families, family orphanages, foster families, family educational groups. and their common feature is that other people’s (non-biological) children are raised in a family environment. What are their differences?

1. Adoptive family (adoptive parents).

Adult status—Parent. Status of children - Adopted child is equal to “native”, has the right to receive alimony and inheritance. The number of children is not limited. The period of placement in a family is not limited.

Age of children (preferred for admission) From 0 to 3 years, 85% - up to 1 year. Regulatory document—Court decision. Control is carried out by guardianship and trusteeship authorities.

State support - Child benefit if the family income is below the subsistence level.

2. Guardian family (guardianship - a child from 0 to 14 years old; guardianship - from 14 to 18 years old). Adult status - Guardian; trustee. Children's status: Guardian. The number of children is unlimited.

The period of placement in a family is until adulthood. The age of children is from 3 to 17 years. Regulatory document - Resolution of the head of local government. Control is carried out by guardianship and trusteeship authorities.

State support - Guardianship benefit.

The procedure for registering a candidate for guardianship of an orphan child:

Preparation of documents:

• certificate from place of work (study);
• salary certificate;
• a copy of the work book;
• copy of the passport;
• certificate of family composition;
• health certificate;
• certificate of no criminal record;
• certificates from dispensaries;
• a copy of a personal account or an extract from the house register;
• written consent of all members of the candidate’s family (over 10 years old) living in the same living space to adopt children into a family;
• act of inspection of housing conditions;
• It is preferable for candidates to have a health certificate;
• The last document to be issued is a health certificate (valid for a limited period).

3. Adoptive family

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 wishing to take children into the family for upbringing).

Citizens (spouses or individual citizens) who wish to foster a child (children) left without parental care are called adoptive parents; child (children) transferred to a foster family for upbringing. is called a foster child, attacking the family is called a foster family.

What children can be placed in foster care?

A child(ren) left without parental care is transferred to a foster family for upbringing:

• orphans;
• children whose parents are unknown;
• children whose parents have been deprived of parental rights, have limited parental rights, have been declared legally incompetent, are missing, or have been convicted;
• children whose parents, for health reasons, cannot personally raise and support them;
• children left without parental care who are in educational, medical and preventive institutions, social protection institutions or other similar institutions.

Requirements for adoptive parents:

Adoptive parents (parents) can be adults of both sexes, with the exception of:

• persons recognized by the court as incompetent or partially capable;
• persons deprived of parental rights by court or limited by court in parental rights;
• removed from the duties of a guardian (trustee) for improper fulfillment of the duties assigned to him by law;
• former adoptive parents, if the adoption was canceled due to their fault;
• persons with diseases that make it impossible to take a child (children) into a foster family.

Rights and responsibilities of adoptive parents:

The guardian (trustee) and adoptive parents of the child have the rights and obligations:

• raise a child under guardianship (trusteeship);
• take care of his health; physical, mental, spiritual and moral development;
• has the right to independently determine the ways of raising a child, taking into account the opinion of the child and the recommendations of the guardianship and trusteeship authority, as well as subject to the requirements stipulated by the Family Code.

They are the legal representatives of the adopted child (child under guardianship (trusteeship)), protect his rights and interests, including in court, without special powers.

Their rights cannot be exercised in conflict with the interests of the child (children).

Guardians and trustees, adoptive parents have the right to place children in educational institutions on a general basis.

Number of children placed in foster care. The total number of children in a foster family, including natural and adopted children, should not, as a rule, exceed 8 people.

Formation of a foster family.

A foster family is formed on the basis of an agreement on the transfer of a child (children) to raise a family. The agreement on the transfer of a child (children) is concluded between the guardianship authority and the adoptive parents according to the form.

Legal consequences between adoptive parents and children.

The placement of children in a foster family does not entail the emergence of alimony and inheritance legal relations arising from the legislation of the Russian Federation between adoptive parents and adopted children.

The procedure for organizing a foster family.

Persons wishing to take a child (children) into foster care submit an application to the guardianship and trusteeship authority at their place of residence with a request to give an opinion on the possibility of becoming foster parents.

The following documents are attached to the application:

• a certificate from the place of employment indicating the position and amount of salary or a copy of the income statement, certified in the prescribed manner;
• characteristics from the place of work;
• autobiography;
• a document confirming the availability of housing for a person (persons) wishing to take a child (children) into foster care (a copy of the financial and personal account from the place of residence and an extract from the house book (apartment) book for tenants of residential premises in the state and municipal housing stock or a document confirming ownership of residential premises);
• a copy of the marriage certificate (if married);
• a medical certificate from a medical institution about the health status of the person(s) who wishes to take the child into foster care (link to the order of the Ministry of Health on medical examination).

A person applying to obtain a conclusion on the possibility of being a foster parent must present a passport, and in cases provided for by the legislation of the Russian Federation, another substitute document.

To prepare a conclusion on the possibility of becoming adoptive parents, the guardianship and trusteeship authority draws up an act based on the results of an examination of the living conditions of persons (persons) wishing to take a child (children) to be raised in a foster family (under guardianship or trusteeship).

Based on the application and the act of examining the living conditions of the person(s) wishing to take the child(ren) into foster care (under guardianship or trusteeship), the department of guardianship and trusteeship, within 20 days from the date of filing the application with all the necessary documents, prepares a conclusion on the possibility of becoming adoptive parents.

Taking into account the personal qualities of persons wishing to become adoptive parents.

Of course, when preparing the conclusion, the guardianship and trusteeship department takes into account the personal qualities of people who want to take a child into the family, their ability to fulfill the responsibilities of raising children, and relationships with other family members living with them.

Placement of a child with poor health into a foster family

In cases where a person (persons) expresses a desire to foster a child with poor health, a sick child, a child with developmental disabilities, or a disabled child, then it is necessary that the adoptive parents (guardian or trustee) have the necessary conditions for this.

Consent of the child to be placed in a foster family

When transferring a child to a foster family, the guardianship and trusteeship authority is guided by the interests of the child. The transfer of a child to a foster family who has reached the age of 10 years is carried out only with his consent.

Model of support service for guardian family.

Today, the urgent task is to create an effective system of psychological, pedagogical and medical and social support for the guardian family.

Supporting the guardian family is a special type of activity aimed at creating socio-psychological conditions that contribute to the successful development and effective functioning of the guardian family.

Social support for foster families includes family monitoring, social and pedagogical patronage, advisory assistance, individual psychocorrectional work with parents and children

Source: https://studfile.net/preview/4085104/page:3/

What type of legal relationship to choose

Regardless of the legal form of adoption of a child, it is necessary to act in his interests.

The Family Code of the Russian Federation states that foster parents, guardians and adoptive parents must:

• ensure the educational process in accordance with current legislation;
• educate a minor in such a way as to ensure his normal physical, spiritual and mental development;
• provide the child with clothing and other items necessary for normal life activities;
• take care of the baby's health;
• represent his interests in government bodies.

For adoptive parents, the child is their own. Guardians are essentially adoptive parents, as their rights are almost the same. The adoptive family can act in the interests of the minor, but transactions with his property cannot be carried out.

What benefits can guardians expect? Perhaps the question about payments is one of the most frequently asked questions to guardianship and trusteeship authorities. Guardians do not receive as much cash benefits as foster care. But they also receive some allowances:

1. The first thing a guardian can receive is a one-time allowance, which is issued to provide the child with all the necessary things.
2. The second is a monthly allowance, the amount of which depends on the age of the child.

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In addition, guardians can receive alimony if the child still has capable parents. In every region and city, local authorities allocate additional funds to help caregivers. The amount of such financial assistance varies, and the payments themselves are not constant.

If a child with a disability is taken into care, he is paid an allowance that is aimed at maintaining health.

Benefits for adopted children are another plus to financial support. A child in a foster family has the right to:

• all legal benefits for the loss of parents;
• obtaining public housing after 18 years of age;
• preservation of the right to housing after the death of natural parents;
• purchasing groceries and meals at reduced prices;
• preventive and special treatment in medical institutions;
• extraordinary admission to universities and other educational institutions;
• free meals in school canteens.

It is worth noting that a child who is under guardianship is not entitled to all these benefits.

It should be understood that each of the options for accepting a child into a family is a responsibility. Therefore, before taking children under guardianship or into a family, you should undergo training with the guardianship authorities and talk with a psychologist.

If after reading the article you still have questions, the answers to them can be found in this video.

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Methods for formalizing legal relations between an adult and his minor ward are provided for by the Family Code of the Russian Federation. It is this normative act that regulates the rights and obligations of the parties, procedural rules, deadlines and requirements for participants. The list of possible device forms is as follows:

• adoption;
• guardianship and trusteeship;
• foster family;
• patronage.

Sometimes it can be difficult to find optimal conditions. In this case, the individual characteristics of the case and the priority of protecting the interests of the minor should be taken into account. Various versions of the device are designed to improve the quality of life of as many children as possible who are deprived of maternal and paternal attention.

Characteristics of the guardian family

Even an ideal child has negative moments in life. Describe how caregivers react to such moments, whether they correct the child’s behavior, and if so, in what way. Note how friendly they are to the person they care for and other children. The characteristic is formatted as follows.

Write the name of the document at the top, and just below - for whom this document was drawn up, that is, “for Ivanova Maria Ivanovna, guardian of Sergeev Petya.” Next, type the text you composed. Under it, put the date, signature and its explanation. You can indicate why the characteristic was compiled.

As in the previous case, you need to pay special attention to the attitude of the guardian towards the child. But as a teacher and educator, you most likely do not know this child. Therefore, tell us about the spiritual and professional qualities of the person for whom you are writing a testimonial.

Indicate from what moment you have known him, how he has proven himself at work, what his relationships are with other team members, whether he has the qualities necessary to raise a child - responsibility, kindness, a desire to understand other people, how conflicted he is, whether he is prone to bad habits.

Complete the description in exactly the same way as in the previous case.

In the process of psychological work, it turns out that all this is a consequence of the attitude towards the behavior of the child (children) in the family.

This behavior is characterized by the fact that the child “does not listen, does not do what he is told”, “does everything his own way, does everything wrong”, “runs around, gets angry, screams, interferes with rest”, “pesters with stupid questions” , “he deceives, lies, steals money from the house, goes through pockets and closets,” “he does everything out of spite, he shows stupid persistence,” “he knows no limits.” Please note that we are talking about children aged 5-9 years.

The behavior of parents is characterized by the fact that they shout at their children, deprive them of sweets or even dinner, forbid them to watch TV and play on the computer, and often physically punish them.

“I can’t hold back”, “I feel constant tension from the need to constantly pay attention to the child”, “I feel burdened by the fact that I have to raise him”, “negativity is constantly accumulating”, “from time to time the desire to take revenge on him grows” - that’s what they say parents about their condition and their experiences. [9]

Emotional, lively, sociable, disciplined, lately she has been reacting aggressively to teachers’ comments and not fulfilling their demands. Has many friends among his peers. A developed sense of collectivism, camaraderie, a sense of duty, and decency. A case of alcohol consumption was noticed (according to the parents). The girl maintains relationships with older boys.

He easily establishes friendships with peers; he has many friends in his class and at school with whom he does not conflict. The boy is physically developed and takes an active part in all sporting events, in which he takes prizes. Takes part in school events.

Sample Characteristics for a Guardian

Natalya Konstantinovna Lakina, born in 1971, living at the address Altai Republic, Turochaksky district, village. Dmitrievka st.

Morozova, 120 fully realizes her rights and responsibilities towards the child, pays great attention to communication, education, protects and ensures the interests of Olya, creating all the conditions for upbringing and development.

Natalya Konstantinovna spends most of her time with Olya, sometimes accompanies her to school, pays great attention to her academic success, and is always present at parent-teacher meetings.

Natalya Konstantinovna is distinguished by cleanliness and accuracy, so she is very attentive in this regard to the child.

In communication, Natalya Konstantinovna is friendly, responsive, and takes an active part in the public life of the village and school. He is a person of high moral character. Has no bad habits.

Natalya Konstantinovna’s family is prosperous, well-mannered, and strong. The family has very good relationships, both between adults and children.

Features of the guardian family as a form of life arrangement for orphans and children left without parental care

We thought about arranging guardianship over Oksana for a long time, because there were relatives who wanted to take Oksana with them after the death of her mother, but my husband insisted that she had no one closer to her aunt, so I decided to formalize guardianship. Oksana has only lived in our family for half a year; she is 10 years old. We completed the documents quickly and did not notice any serious problems.

By studying various articles, it was possible to find out that for many adoptive parents the problems are that adopted children at first may hide food under the pillow, do not know how to use a saucepan or kettle, or what popcorn is. [18]

It may be useful to teachers working in schools. Characteristics of a foster family for guardianship authorities. This sample will help a primary school teacher write a profile for a foster family if there is a foster child in the class.

The characteristics are written by educators together with an educational psychologist at the request of the guardianship authorities.

The description provides information about the personal characteristics and relationships with others of both the child and his mother, the emphasis is on the relationship between mother and child, and also describes the mother’s attitude towards her parental responsibilities. This document describes the composition of family members and the activities of parents in raising their children.

Characteristics of a student from a foster family

He was on friendly terms with his subordinates and colleagues and was sociable. At work he is careful, punctual, and stress-resistant. He enthusiastically took part in the social life of the team. Has no bad habits.

Guardianship authorities are authorized to request household characteristics

the intended guardian. A valid document is issued at the place of residence by a local police officer or an authorized representative of the local housing authority. To draw up a reference to the guardianship authorities from the guardian’s place of residence, it is necessary to obtain the testimony of the individual’s neighbors.

Characteristics required by the guardianship and trusteeship authorities

Source: https://lawcapital.ru/osnovaniya-i-poryadok-razvoda/harakteristika-opekunskoj-semi

Benefits for adopted children

Thus, each legal form has its own advantages and disadvantages. It is necessary to choose based on the characteristics of a particular situation.

Adoption presupposes a completely different form of placement of a child in a family, different from guardianship, their difference in goals, package of documents, mechanism for giving status to the child. It is not aimed at the temporary education of a minor under 18 years of age, but at his permanent residence in the family.

Adoption has its advantages:

• the child, in accordance with the law, is the son or daughter of the adoptive parents;
• legal representatives are obliged to ensure and protect by all reasonable means the rights and interests of this minor;
• being raised in a family where he is wanted, will feel loved, supported and cared for.

Minuses

A relative disadvantage can be considered the lack of government funding, since the child is a son or daughter, which means that the parents are responsible for providing for his needs on their own.

Difficulties

Despite all the advantages, adoptive parents often face many obstacles on the way to creating a happy family. First of all, we are talking about detailed and strict regulation of the procedure. It is necessary to collect a lot of documentation to prove the appropriate level of financial income and living conditions.

In Art. 127 IC provides a list of persons who have the right to apply for adoption. At the same time, this norm describes subjects who are prohibited from adopting. The legislator has provided many restrictions for candidates in terms of health status, previous cases of deprivation of parental rights, and even being in a same-sex marriage.

The state does not provide special funding for adopted children. Payments are calculated according to the general procedure. For example, if a couple adopted a girl under 3 months old, then they can apply for special paid leave until the 70th day from the date of birth of the baby. Monthly payments until the baby reaches 1.5 years of age are paid to employed adoptive mothers on maternity leave in the general manner.

Important! After the court decision on adoption has entered into legal force, the minor loses all benefits established by the state for orphans and other needy categories. Such a person does not have the right to apply for free housing from the state after reaching 18 years of age.

Ksenia, Moscow, 51 years old, housewife

In 2007, we took two sisters, Katya and Marina, from Novosibirsk. They were eight and nine years old. When I saw their photo, something jumped inside me. They were immediately taken out and told: “Here is your mother.” I didn’t even have time to say anything, but everything had already been decided for us. So we flew to Moscow and began to get settled.

There were no schools for foster parents back then, and I didn’t fully understand what I would be faced with. Now I think that the root cause is in me.

At first I was very optimistic: we can do everything. I just asked: “Are you healthy? Will they be able to study in a regular school?” They answered me: “Yes, there are no serious diagnoses, they will be able to study.” By December, the youngest girl, Katya, was diagnosed with bronchial asthma. And in the process of studying, it turned out that she could not cope. I couldn’t understand why Katya couldn’t remember the letters and learn to read.

But then I had no idea that in a year, and in twenty years, and never she would start reading. Nobody warned me about this.

Later, we turned to a neurologist, who said that the orphanage could not have been unaware of serious developmental delays in its children. She never got the multiplication table, despite her age. This even applies to going to the store: she never knows whether she has enough money or not.

As a result, Katya had an endless conflict with her teachers, and she was sent to a correctional school. We prescribed additional classes with a psychologist, mathematics and Russian. Once a math teacher told me after class: “I brought up your personal matter and I don’t understand why you need this? Have you seen what genes are there?” Her question puzzled me. Then I was still in illusions.

It seemed to me that I raised them as my own. I'm a pretty strict mother, and I might even shout. She always forced them to learn their homework. In the summer we sent them to camp and took them to Croatia and Italy. We tried not to limit the girls financially if they wanted to go somewhere with the class. But one day I heard them complaining that everyone had iPhones and iPads for a long time, but they didn’t have all this. No one in our family ever had an iPhone.

It got to the point that Marina refused to put on new sneakers before going out, because “they’re not Nikes.”

In 2012, we took in a boy, Andryusha, he was ten. Our children had already begun to live separately, and the youngest son said: “Why don’t you take another one?” Back then we still thought everything was fine. But as soon as Andryusha moved in with us, an incredible festival of disobedience began at home. The situation has changed dramatically.

Claims poured in that I had no right to force them to do something, to raise my voice. And when this happened, they started yelling back. For some reason they didn’t perceive me.

Their school held special conversations, and Marina constantly told me that she could report me to the police if I offended her.

At first I was ashamed to come to the guardianship and talk about our problems. I kept hoping that things would get better. Then she couldn’t stand it and said. They gave us a psychologist. But I didn’t see any results.

I remember exactly: it was March 3, during a conversation with the guardianship, when all illusions finally collapsed. Later I told the girls: “I died on March 3.” For about an hour and a half, all three of them talked with grins about how bad their lives were. They said how I torture them, how I demand something from them. Katya actually said that she was being beaten.

Everything that was happening seemed so unreal to me that I just asked: “Give me a piece of paper, I’ll write a refusal for all three of them if they feel so bad.” They politely hinted to me that this would spoil the statistics, so I wrote a refusal only to Andryusha.

I remember this day very vaguely, but I left there with high blood pressure.

At that time, Marina was finishing 9th grade, and I understood that if I wrote a refusal, they would be sent back to Novosibirsk. I simply felt sorry for the girls.

They stayed with us, but nothing good came of it. Their rejection became even more demonstrative. They refused to clean the apartment, returning home at one or two in the morning, despite the fact that Katya was not yet eighteen. She called my son Sasha and asked: “San, take me away from the metro, otherwise I’m drunk, and the police are here.”

The leitmotif of our relationship was “you, of course, did a lot for us, but you could do more.”

My sons tried to have conversations with them, but everything was useless.

I persuaded Marina to go to college, but Katya could not pass the exams. Then it turned out that she found herself a company with whom they skipped classes, drank and smoked in the hallways. This is all despite the fact that she has bronchial asthma. So Katya did not finish 9th grade.

After eighteen years, I was officially nobody to them, so as soon as they both became adults, they left.

Sometimes I think: is there something wrong with me? Yes, there were moments when in an impulse I could say that I would return them. But I understood that I wouldn’t give in. Yes, and they understood.

Katya and Marina receive social benefits and periodically work part-time in fast food restaurants. So they saved up money to move away from Ksenia. But this was not enough for decent housing - the girls had to rent third-rate rooms from dubious owners. After unsuccessful wanderings around rented apartments, where they managed to live during short periods of alcoholic enlightenment of the owners, Katya and Marina moved to the apartment of Ksenia’s husband, which he inherited. There is no washing machine there, so they come to their former guardians to wash their clothes and get money. Ksenia sees them once a month.

From the moment when Ksenia took the girls, the situation with adopted children in the country, fortunately, has changed. In 2013, the Council of the Ministry of Education and Science of the Russian Federation was created on the protection of the rights and legitimate interests of orphans and children without parental care.

Among the positive initiatives is the creation of compulsory schools for foster parents in all regions of Russia. The course program covers legal, medical, pedagogical and social aspects.

After passing it, future parents receive a certificate, without which the further adoption process is impossible. It seems that this awareness and support from psychologists could save parents like Ksenia from an obsessive and destructive feeling of guilt for an unfulfilled relationship.

Elena Plotnikova, child psychologist:

“Often adoptive parents take children into their family, imagining how good everything will be. But everything turns out completely differently. Children who have experienced traumatic experiences in their families, and then also lived in government institutions, do have certain developmental characteristics. And often it is not even the developmental delay that comes to the fore (although it does occur in most cases).

The inability to build warm relationships, detachment and isolation, emotional emasculation, and negativism come to the fore.

All this is a defensive reaction to the developmental situation in which children were previously. Adoptive parents are often unable to cope with this on their own, without the support of specialists. They, like Ksenia, begin to look for the reason within themselves, try to increase their care, sometimes beyond measure, but there is no result. After all, they are not the reason.

The entry of an adopted child into a family is a long, double-edged process for which both parties must be prepared. Lack of preliminary preparation is the original cause of difficulties. In the future, expectations that do not coincide with reality, difficulties in accepting children as they are, and the lack of timely support for the family by specialists aggravate the situation.”

You need to talk about guardianship honestly and openly not only with psychologists, but also with the children themselves.

This thesis is the basis for the theory of role adaptation to adoption by sociologist David Kirk. Depending on what role the parent takes on, the strategy for communicating with the child also changes. Kirk talks about two main patterns.

The first, “rejection-of-difference,” refers to parents who ignore any differences associated with adoption and try their best to simulate a “standard” family. Taking false attitudes as “given”, they subject the child to the rules of this game.

Otherwise, another pattern of behavior approaches adoption - “acknowledgement-of-difference”, when all difficulties and challenges are considered openly.

Such parents give themselves and their children the freedom to experience any emotions without fear of not conforming to other models of behavior accepted in the family.

It seems that a good parent will certainly choose the second option. And this is true, but to a certain level. There is a risk of overdoing it and getting a side effect - “insistence-of-difference”. Parents and children see the root of all problems in initial differences. And instead of jointly looking for a solution and reaching an agreement, they disperse to different corners of the ring.

It is impossible to develop a universal optimal model of relationships with an adopted child, since, as said earlier, all children come with different baggage. And it is not at all necessary to try to replace a child’s own mother if he needs a reliable mentor much more.

This conclusion was reached by Kelly from Ireland, who has been taking care of children for many years. She agreed to tell the Knife her story.

Guardianship or adoption: which is better?

For a child there is not much difference. But with guardianship, he understands that he is not being raised by his biological parents. This awareness can cause the development of complexes and phobias. Therefore, adoption at an early age is much better.

When adopting, there are several additional advantages when placing a child into a family in this way:

• there is no need to prove kinship to represent the interests of a minor or when receiving public services;
• no problems with receiving an inheritance in the future;
• there is no need to contact the guardianship authorities to resolve various property issues within the family.

Therefore, if a family takes a child under 3 years old, you can keep the adoption secret and ensure his full development.

But you need to be prepared for a long process of reviewing documents. Their list should be clarified with the guardianship department, as it may vary in a particular case.

Typically, other information needs to be added to the standard list, which includes information about family composition, income, identification documents, housing information and biography. Their list depends on the age of the candidates and their physical condition.