If relatives, a school teacher, neighbors or simply caring people notice improper performance of parents’ duties in raising and educating children, they have the right to contact the guardianship and trusteeship authorities with a corresponding application.
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How to write to guardianship for family verification?
A statement about a violation of a child’s rights is drawn up in writing and sent to the territorial department of the guardianship and trusteeship authorities at the child’s place of residence.
The appeal must contain the following:
- name of the territorial body to which the applicant applies
- last name, first name, patronymic and residential address of the applicant, his contact information
- information about the minor and his family (full name, place of residence, year of birth of the child)
- the grounds that served as the reason for applying to the guardianship and trusteeship authorities. Most often, such reasons include poor living conditions of the child, drug addiction/alcoholism of parents, leaving children in danger, cruelty towards the child, etc.
- please check the stated circumstances and take measures to protect the legitimate interests of the minor
- signature of the applicant, date of preparation, documents confirming the grounds that served as the reason for applying to the guardianship and trusteeship authorities
The procedure for conducting inspections of guardianship authorities
The responsibility of parents to raise and educate minor children is enshrined in Art. 63 and Art. 64 of the Family Code of the Russian Federation (RF IC). According to these articles, they bear full responsibility for the development and upbringing of the child, must protect the interests of children before third parties, are obliged to provide the child with food, clothing, treatment, and create conditions for receiving an education.
Guardianship and trusteeship authorities are obliged to monitor compliance with the rights and legitimate interests of minors, and therefore carry out scheduled and unscheduled inspections of their living conditions.
The main objectives of these checks are:
- safety of property of minors;
- control over the proper upbringing and training of wards;
- assessment of the minor’s living conditions, health, appearance, family relationships, and ensuring the child’s needs are met.
Inspections are carried out by authorized persons at the place of residence of the minor. Scheduled checks are carried out once within a month after the appointment of a guardian, and then once every 3 months during the first year.
Further inspections are carried out once every six months. An unscheduled inspection is carried out outside the specified time periods and is carried out on the basis of an act of the guardianship authorities, the reason for drawing up which may be a received oral or written appeal about a violation of the rights of a minor. The inspection ends with the drawing up of a report on the presence/absence of violations of the rights and legitimate interests of the minor.
Inspection of housing conditions by guardianship authorities
Yes, you can request from the father, or rather from the guardianship authority at the father’s place of residence, a living conditions survey report and other information, in addition to the consent of family members and other relatives, that will allow you to assess whether the father can raise the child. The reason is simple - the child was left without parental care, Art. 121 of the RF IC: the mother died, the father of “long-term absence of parents, evasion of parents from raising children or from protecting their rights and interests”, if he had immediately come and taken away, the question would not have arisen. Now there are grounds for verification. Most likely, it will not be possible to remove from education or deprive of rights, but there are grounds to check the possibility of education.
If the administration does not take any action, you should first contact the prosecutor's office with a statement or you can go straight to court. Appeal the administration's inaction. Also, in court, you can demand the provision of housing to your brother due to the emergency condition of the house.
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What time does guardianship check arrive?
The guardianship and trusteeship authorities are not required to notify about their visits, but this does not mean that they can come for an inspection at any time of the day or night.
For example, at night (from 22:00 to 06:00), authorized persons can only arrive together with police officers, having good reason. In addition, it is worth noting that the guardianship does not conduct raids on apartments; its unexpected visit is always preceded by some event, for example, a complaint or appeal received by a government agency from a teacher, doctor, neighbors and other persons with a request to carry out an inspection.
In practice, an unexpected visit by guardianship officers to check the living conditions of a minor rarely occurs. Usually, they inform by telephone about their intention to make a home visit and agree on a time for the visit, which, most often, occurs during the daytime during the work week.
What do the guardianship authorities check when checking the living conditions of a child?
A visit from the guardianship authorities usually occurs after a warning, so you can prepare for it.
There are certain parameters that are checked during such visits:
- housing area;
- hygienic conditions for the child’s residence;
- opportunity to accommodate the child, his leisure, development;
- home safety;
- availability of everything necessary for the minor’s stay.
The main purpose of the inspection is to confirm the safety and suitability of housing, as well as the family situation for the minor, and his successful development.
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Is it possible not to let the guardianship authorities in?
You can prevent representatives of the guardianship authorities from entering the house by taking advantage of the constitutional right to inviolability of the home. The fact is that not allowing strangers into your home is not a violation of the law. In this case, the guardianship and trusteeship authority will draw up an act denying access to the home. Without allowing authorized guardianship officials into the house, it should be understood that this will most likely lead to a conflict with a government agency.
Guardianship employees can call the police, who, if there is information about a crime committed or being prepared, have the right to enter the apartment without a court decision. Therefore, if there is no desire to let the guardianship authorities into the house because of their sudden visit, it is better to inform the authorized persons that access will be provided after visiting their territorial authority and agreeing on a time for conducting an inspection.
How to prepare for the arrival of guardianship authorities?
If the guardianship officer informed about the upcoming visit in advance, then it is necessary to clarify why the inspection is being carried out, what will be examined and from whom the message about a violation of the child’s rights was received, then, based on the information received, prepare for the inspection. For example, if a guardian’s visit is related to the child’s absence from school for a long time, then it will be necessary to prepare documents indicating that the reasons for absence from school are valid.
In any case, the child’s house and belongings should be put in order, paying attention to the following:
- the general condition of the home, that is, it must be clean
- having your own place for the child, if not a room, then at least part of it. Even if the child is still small and sleeps with his parents, he should have his own sleeping place. If we are talking about a schoolchild, then he should have a place to study
- Availability of food, toys and clothing appropriate for the child’s age
- lack of access to items dangerous to the child’s health
IMPORTANT : it wouldn’t hurt to call your friends or acquaintances during the check. The presence of third parties always disciplines the inspection authorities.
How to deal with guardianship authorities?
The guardianship and trusteeship authorities are a government body that must act within the framework of the law. The legislator provides citizens with the right to appeal against the actions of officials by sending an application to a higher authority, the Commissioner for Human Rights, the prosecutor's office or the court. Therefore, when interacting with guardianship authorities, as with any other government body, you should pay attention to details that will later help win a dispute with the government body.
To combat the guardianship authorities you will need:
- Full name of officials performing family verification
- audio, video or photographic recording of the actions of guardianship officers
- recording telephone conversations with officials
- availability of a copy of the report drawn up by the inspectors
- other information confirming the illegality of the actions of authorized persons of the guardianship authorities
In any case, it should be remembered that guardianship employees are officials performing their duties, therefore, it is best to build relationships with them in the form of dialogue. In other words, you should not avoid inspections or obstruct them in other ways, but rather find out the reasons for the inspection and, if any, eliminate the identified violations as soon as possible.
USEFUL : learn more about the procedure for appealing the actions of the guardianship and trusteeship authorities via the link on our website
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Lawyer for inspections of the guardianship authority in Yekaterinburg
Law office "Katsailidi and Partners" in Yekaterinburg provides the following services when conducting an inspection of the guardianship authority:
- providing consultations on issues that arise for the principal
- preparing the client for dialogue with officials, explaining his rights
- presence during inspection of residential premises by authorized persons to resolve emerging issues
- challenging acts of guardianship and trusteeship authorities
- other protection of the rights and legitimate interests of the principal
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