Inspection of housing conditions by guardianship authorities
The survey of the living conditions of disadvantaged families is intended to influence parents in order to improve the lives of children in the family or remove children from these conditions.
Also, an examination of living conditions can be carried out in families who plan to adopt a child or take into guardianship. In this case, the commission checks the existence of the necessary conditions for a full life for the child. In general, it can be noted that an examination of living conditions by teachers is carried out in the following cases: Systematic violation of discipline by a child, rules of behavior at school, absenteeism, fights, appearing at school while drunk, etc. Vitebsk, st. Sovetskaya, 25, apt. 10. Apart from the owner of the residential premises, no one is registered in the specified apartment (certificate from the housing department dated May 10, 2011 N 234). In the living quarters of Savitsky A.G. There is electricity, water supply and sewerage, heating, telephone communication, high-speed Internet. Savitsky A.G. There is also a personal computer, licensed linguistic software (Promt 8.0 and Linvo 14 programs). The living space as a translator's workplace meets the requirements for labor protection, sanitary and epidemiological standards and fire safety. Thus, the living conditions of Savitsky A.G.
Who is eligible for government support?
In accordance with the Housing Code, those on the waiting list for improved housing conditions are:
- citizens who are not tenants of housing under a social tenancy agreement or who are not owners of residential premises;
- tenants (or owners) of housing whose area per family member is less than the generally accepted norm;
In Moscow the norm is 10 square meters. for own apartments and 15 sq. m. - for utilities. In other regions, the norm may be set at a different rate.
- those whose living quarters do not meet the established requirements, so living in it becomes impossible;
- those who are in a situation where several families live in one residential building, and one of them has a person suffering from a chronic disease, and living together with him becomes impossible
The list of such diseases was approved by Government Decree No. 378 dated June 16, 2006.
The list of severe forms of chronic diseases in which it is impossible for citizens to live together in the same apartment:
ICD-10 code | |
1. Active forms of tuberculosis with the release of Mycobacterium tuberculosis | A15 - A19 |
2. Malignant neoplasms accompanied by copious discharge | C00 - C97 |
3. Chronic and protracted mental disorders with severe persistent or frequently exacerbating painful manifestations | F00 - F99 |
4. Epilepsy with frequent seizures | G40 |
5. Gangrene of the limbs | A48.0; E10.5; E11.5; E12.5; E13.5; E14.5; I70.2; R02 |
6. Gangrene and necrosis of the lung | J85.0 |
7. Lung abscess | J85.2 |
8. Pyoderma gangrenous | L88 |
9. Multiple skin lesions with copious discharge | L98.9 |
10. Intestinal fistula | K63.2 |
11. Urethral fistula | N36.0 |
Without a queue, housing under a social lease agreement is provided to:
- persons whose housing is unsuitable for habitation;
- citizens suffering from severe chronic diseases;
- orphans, children left without parental care.
Housing inspection report
An inspection report of housing conditions is necessary when considering claims for deprivation of parental rights, their restoration, determination of the child’s place of residence, adoption of a child, etc. The obligation to draw up such a document is assigned when registering a child in the children's room of the police, in cases where a minor is brought to administrative or criminal liability.
In the field of protecting the rights of minor children, it is possible to inspect the place of his residence and draw up a report on the inspection of living conditions. Such a document is also drawn up when adopting a child, receiving a complaint to a government agency, law enforcement agencies, registering guardianship and trusteeship, etc. One of the responsibilities of the class teacher in educational institutions is to check the conditions in which his students grow and are educated. By the way, an inspection report on living conditions can also be drawn up in relation to the organization’s employees, if necessary.
How does a housing inspection work?
The citizen who initiated the inspection must contact the Housing Inspectorate at his place of registration. You must have with you a document proving your identity, and, in some cases, documents that confirm your ownership of the property being inspected or the right to use it.
A corresponding application is written to create a commission and inspect the apartment/house. Based on this document, the creation of a commission of several authorized employees with suitable qualifications is initiated.
Next, the citizen is informed about the time frame within which the commission is obliged to inspect the housing. Thus, in accordance with the provisions of the legislation of the Russian Federation, these deadlines are 10 days from the date of filing the application.
Upon the arrival of the commission, the citizen must provide them with all the conditions for carrying out such an inspection. So, several people will check the plan according to the BTI certificate and the actual layout, the number of square meters, the general condition of the house and the entrance in which the housing is located, as well as other factors that are related to the comfort of living.
Next, an act is drawn up on the spot, which must be signed by the user or owner of the property being inspected and representatives of the commission. Further, this document must be immediately registered by an authorized specialist from the commission. According to the law, 1 day is allocated for registration.
The applicant is called by a special notice or by telephone number to the housing commission department and receives a copy of the document. At the same time, he must sign for its receipt.
After this, the authorized specialist fills out a certificate of verification of living conditions according to the form and sends or issues it to the owner/user of the residential property.
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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Registration of the act
The housing inspection report must be drawn up within three days after completion of the inspection. The document is drawn up in two copies, each of which is certified by the head of the institution that initiated the inspection.
One copy of the document must be submitted to the guardianship authorities, the second remains in the institution. A copy of the act certified by the guardianship authorities is sent to the place of residence of the parents, if it is known.
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Inspection of housing conditions by guardianship authorities
In this case, the living conditions of the child’s potential family are checked.
- The family changes place of residence (it is necessary to find out and protect the child from deterioration of the child’s living conditions in the new apartment).
- Complaints against parents from neighbors, teachers, etc. about mistreatment of a child, cruel behavior, etc.
- A child's (including parents') request for medical help in case of domestic injuries. In this case, checking the conditions can help determine whether the injury was accidental or the result of parental abuse or neglect of the child.
- A police report has been filed against the child or the child is under investigation.
Why is an act of inspection of housing conditions drawn up? The purpose of drawing up the document is to record living conditions and prepare a conclusion: whether the basic needs of the child are provided by the persons with whom he lives, or whether they are ready to accept the child (upon restoration of parental rights, etc.). Or whether the citizen needs to improve their living conditions, etc. If damage is caused to the apartment, it would be correct to draw up an Apartment Inspection Report.
Where can I get a certificate?
You can order and obtain a certificate of examination of the living conditions and financial security of the family from the social protection authorities. At the same time, as mentioned above, other structures, including even the Ministry of Internal Affairs (Ministry of Internal Affairs), can initiate the inspection.
Since in different regions different structures (by name) may be responsible for completing the application and verification, it makes sense to contact the local administration first. They will tell you who issues such a document.
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Inspection of residential premises by guardianship authorities
2. The examination is carried out in order to identify circumstances indicating the absence of parental care over a minor citizen (hereinafter referred to as the child, children) in cases of death of parents, deprivation of their parental rights, restrictions on their parental rights, recognition of parents as incompetent, illness of parents, prolonged absence of parents , evasion of parents from raising children or from protecting their rights and interests, including the refusal of parents to take their children from educational organizations, medical organizations, organizations providing social services, or similar organizations, when the actions or inaction of parents create conditions that pose a threat life or health of children or impeding their normal upbringing and development, as well as in other cases of lack of parental care.
The survey report is drawn up within 3 days from the date of the survey, signed by the authorized specialist of the guardianship and trusteeship body or organization who conducted the survey, and approved by the head of the guardianship and trusteeship body or organization.
Inspection of living conditions by guardianship authorities for adoption
who went through this, what are they watching at all? We have an old house in the village. We live there, of course, but I mean, there isn’t much renovation, the furniture is old, but it’s clean, cozy, warm, all the conditions are there. What are they looking at? just an ordinary wooden house in the village. Can adoption be refused?
Yes, look at this act on the Internet and you will understand that they are looking: is the plaster falling on the head, is there fungus, is there a sewerage system, running water, where will there be a place for the child (furniture is not necessary, just say - here there will be a bed, here here to play, etc.), look at the condition of the bathroom, gas, electricity and the general impression of the strength of the house
Inspection of housing conditions by guardianship authorities
When examining the living conditions of a citizen who has expressed a desire to become a guardian, the guardianship and trusteeship authorities evaluate the living conditions, personal qualities and motives of the applicant, his ability to raise a child, and the relationships that have developed between members of the applicant’s family. Representatives of the administration were satisfied with the girl’s living conditions and will do everything to officially register Aligadzhieva as her sister’s guardian.
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Zulhizhat was born in the Babayurt district, and after the death of her mother she moved to the village of Shamilkala to live with her older sister. Aligajiva Rabiyat, the elder sister, is married and has two children, lives in a two-room apartment in the village of Shamilkala and all the conditions for registering her as her sister’s official guardian are appropriate. They also talked about themselves, their home, their family.
Inspection of housing conditions by guardianship authorities
3. The child skips school or otherwise violates the school order (disrupts lessons, comes to school in an inadequate state, fights - all these actions, if systematic, can lead to placement under internal school control). In this case, the school, represented by a social teacher or deputy director for social protection, organizes a check of the child at the place of residence to find out the conditions of his residence and get to know the family in order to organize preventive work with the child.
It should be taken into account that in some cases it may be necessary to allocate a separate room for the child, regardless of the availability of the required footage. Such requirements arise when adopting, establishing guardianship or creating a foster family: a disabled child and an HIV-infected child.
How guardianship authorities check living conditions
RULES FOR IMPLEMENTATION BY GUARDIAN AND TRUSTEEEE BODIES OF CHECKING THE LIVING CONDITIONS OF MINOR WARDS, COMPLIANCE BY GUARDIANS OR TRUSTEES OF THE RIGHTS AND LEGAL INTERESTS OF MINOR WARDS, ENSURING THE SAFETY OF THEIR PROPERTY, AND ALSO INSPECTION OF THE GUARDIANS OR TRUSTEES' REQUIREMENTS FOR THE EXERCISE OF THEIR RIGHTS AND THE PERFORMANCE OF THEIR RESPONSIBILITIES
Recently, we have witnessed several high-profile cases against adoptive parents, and because of this, many have become especially worried about the impending regular inspection by the guardianship authorities. What do you need to know and remember so that this event passes easily, without traumatizing you and the child?
Inspection of living conditions by guardianship authorities
This commission “from the school” may include a social teacher, a class teacher, a deputy director, as well as: an inspector for minors, a representative of the guardianship and trusteeship authorities, a local police doctor, a representative of a medical institution, employees of the Sanitary and Epidemiological Supervision Service (SES), the Bureau of Technical Expertise (BTI) and other persons depending on the purpose of inspecting the child’s living conditions. The survey of living conditions is designed to assess: the financial situation of the family, the condition of the living space (house, apartment), the number of people living together in the house, the sanitary condition of the housing, the presence of a separate place for the child (for proper sleep, games, pastime) in the case of accepting a child into the family - readiness parents to this and the opportunity for the child to fully live in the house.
During the inspection, inspectors must assess the child’s provision with living space (in the amount of the accounting standard area for each family member, as well as a personal room in cases established by law), necessary furniture (including a desk, bed), toys, place for games . In addition, it is checked that the child has clothes for different seasons, food appropriate to the child’s age and individual characteristics (for example, when, for medical reasons, the child needs to adhere to a certain diet)
What is revealed during the examination?
1. Level of provision of the child’s basic needs:
- Health status: general visual assessment of the level of physical development and its correspondence to the child’s age, the presence of diseases, special needs for medical care, drug provision; presence of signs of physical and (or) mental abuse of the child; an explanation from parents and/or persons living with the child about signs of violence in the child; presence of cases of child abuse in the past.
- Appearance: compliance with the child’s personal hygiene standards, availability, quality and condition of clothing and shoes, their compliance with the season, as well as the age and gender of the child, etc.
- Basic care: meeting the child’s basic needs - food, shelter, hygiene, clothing, medical care; the child’s daily routine, sleep patterns, their correspondence to age and individual characteristics.
- Social adaptation: the presence of communication skills with others, self-care skills in accordance with the age and individual characteristics of the child’s development, the adequacy of the child’s behavior in different environments, etc.
- Upbringing and education: name of the organization(s) carrying out educational activities, including institutions of additional education for children, which the child attends, the form and success of mastering educational programs in accordance with the age and individual characteristics of the child’s development ; organizing the child’s free time and recreation; the presence of a developmental and learning environment.
- Satisfying the child's emotional needs.
- Family composition, who actually cares for and supervises the child; the presence and place of residence of close relatives of the child, the degree of participation of parents and other persons living together, relatives in the upbringing and maintenance of the child; the degree of attachment and relationship of the child with parents and family members.
- The relationships between family members, their nature; features of relationships between family members, the impact of these relationships on the child, changes in family composition in the present and past, distribution of responsibilities in the family.
3. Housing, living and property conditions:
- Living conditions in which the child lives: the presence and ownership of living quarters, its total and living area, number of rooms, landscaping and sanitary and hygienic condition; the child has a separate equipped place (room, corner) for sleep, games, activities; availability of personal belongings (toys, books, etc.) in accordance with the child’s age, etc.
- Ensuring the safety of the child in accordance with his age (lack of access to dangerous household items, medicines, electrical appliances, gas, etc., risk of harm to the child both at home and outside the home).
- Family income structure: main sources of income (income of parents and other family members, alimony, pensions, benefits, other social benefits); average monthly and per capita family income; information about the property and property rights of the child; information about ensuring the basic needs of the child.
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4. The presence of circumstances that pose a threat to the life and health of the child, his physical and moral development, or violate his rights and interests protected by law; facts of neglect, cruel, rude, degrading treatment, insult or exploitation of a child, physical or mental violence against a child, an attempt on his sexual integrity.
During the survey, such forms of obtaining information are used as a conversation with the child, his parents and other family members, a survey of people who have data on the relationship between the parents and the child, their behavior in everyday life, observation, study of documents, educational and creative works of the child, and others.
During the survey, the confidentiality of citizens' personal data is ensured.