What living conditions are considered inappropriate for raising children?
Every child deserves decent living conditions.
Parents are obliged to make sure that their child does not need anything. When the father and mother fail to fulfill their responsibilities, strangers who notice this can contact the relevant authorities by filing a statement. This document can outline all suspicions regarding the lack of proper care for a child who has not yet turned eighteen years old. It can be written if parents are not raising their own child.
These reasons may become the basis for intervention in the family by authorized bodies to take appropriate legal actions. In particularly serious cases, a statement from a stranger may lead to the removal of children from the family. It should be noted that cases of physical, mental and sexual violence are especially dangerous.
They fall under Article 156 of the Criminal Code of the Russian Federation. If during the investigation it turns out that children have indeed become victims of any form of violence, then the unfortunate parents or guardians will face a fine, subsequent deprivation of parental rights, as well as criminal liability under the relevant article. The punishment for bullying will be very serious.
Failure to fulfill basic parental responsibilities can also result in punishment. For example, if the parents did not provide the child with proper living conditions.
Another reason for depriving a mother and father of parental rights may be non-participation in the child’s life or abuse of their own rights. It's no secret that in our country there are many families whose children live in socially unfavorable and sometimes dangerous conditions.
Often they don't even have their own room. Such a “corner” is necessary, since the child needs to rest, play, do homework, so that no one bothers him at this moment. Some unfortunate parents do not at all ensure that the child follows a daily routine, eats properly, and lives in comfortable conditions.
It should be noted that an examination of the living conditions of disadvantaged families can have the proper impact on parents in order to improve the lives of their children. In especially severe cases, children are removed from such unfavorable conditions.
Housing conditions that are unacceptable for raising and living a child:
- the apartment or house is in very poor condition. The point is that the floor, ceiling, walls need repair. Insufficient heating and lack of regular ventilation of the premises can also cause the relevant authorities to visit the family;
- the minor child does not have his own room. There are cases when parents cannot provide their child with minimal living conditions. We are talking about a place to sleep, prepare lessons, play, and also relax;
- parents are unable to ensure the availability of food products that are necessary for a healthy daily diet;
- mother and father do not buy toys for their child. Even the simplest soft toys and construction sets are enough for him;
- lack of required school supplies;
- Parents do not provide their child with personal hygiene products. These include soap, shampoo, deodorant, toothbrush and toothpaste;
- lack of cleanliness in the bathroom;
- Mom and dad don’t buy seasonal clothes for their child. We are talking about winter, spring, autumn and summer clothes;
- If you have pets, the apartment or house is not kept clean. The conditions for keeping cats and dogs are ignored. Cages, aquariums, and terrariums located in the living area where the child lives must be clean. This is important to ensure safety for a minor child;
- there is no free entry and exit from the house or apartment;
- when visiting the living space, the relevant authorities pay attention to the condition and appearance of the mother and father, as well as all living relatives. If some of them are intoxicated, then the baby from such a family can be immediately taken away;
- if parents have not ensured the proper level of security in their home, then they may also be deprived of their rights. For example, if a minor’s access to dangerous household items, medicines, electrical appliances, gas, and so on is not prohibited.
What laws govern this issue?
Taking care of children is the constitutional responsibility of father and mother (Part 2, Article 38).
Parental responsibilities are regulated by Chapter 12 of the Family Code of the Russian Federation, each of the articles of which explains the essence of the rights and responsibilities of parents of different categories - married couples, singles, minors, adoptive parents, etc. in different life circumstances.
The state pays enormous attention to the education of the younger generation , adopting federal laws, as well as other regulatory legal acts, the number of which exceeded 140 documents.
Despite the measures taken, the issue of parental responsibility and their awareness of the importance of family values in raising children remains topical .
Who can write an application?
A complaint about a violation of a child’s rights can be filed by the following persons:
- mother of a minor child to a former or current spouse;
- father to mother of a common child;
- close relatives. These could be brothers, sisters, aunts, uncles, grandparents;
- neighbors who have good reason to do so;
- employees of preschool institutions, schools;
- medical workers of hospitals, clinics;
- employees of the prosecutor's office after receiving relevant information about cruel treatment of a minor child.
There are situations when, after a divorce, the child’s mother, with whom the minor remains to live, does not take care of him and abuses alcohol. In this case, the father can file a complaint against her with the relevant authorities. In a similar situation, the child’s own grandmother can also turn to the guardianship and trusteeship authority for help.
Corpus delicti
The elements that constitute the crime are:
- an object;
- objective side;
- subject;
- subjective side.
The object of this crime is the child himself, who has not reached the age of majority, as well as his moral, psychological, physical development and health.
The objective side is the failure to fulfill obligations to support and raise a child by parents, cruel treatment of a minor, or incomplete fulfillment of duties in an unacceptable form.
Failure to comply is considered the complete absence of parents in the child’s life, attention to the development, education and health of the baby. In such a case, liability may arise if the parent should have fulfilled the obligations and could have done so. Poor and substandard fulfillment of assigned obligations is considered improper.
For unconditional criminal liability to arise, it is necessary that non-fulfillment or improper fulfillment be accompanied by cruel treatment on the part of guardians and parents. In this case, no consequences are required to finally formulate the crime.
The subject of a crime is any adequate person who has reached the age of 16 .
Specifically, the subjects of the crime of violating the education of a minor are:
- the child's parents;
- guardian (if there are no parents and he has an obligation to care for the child);
- a teacher or educator in a special institution that is obliged to ensure the rights of minors.
The subjective side is the guilt of the subject for intentionally causing harm.
Is it possible to complain about neighbors anonymously?
Please note that all applications from citizens are not considered only if the applicant has provided invalid information about himself or an address for a response.
This can also include the receipt of a duplicate of a previously accepted application in electronic form. If the complaint was drafted incorrectly, it will also not be accepted for consideration. It is worth noting that applications that do not have the applicant’s personal signature are also not considered.
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How to write an application correctly?
A document regarding verification of the living conditions of a minor child must be drawn up in accordance with all the rules in compliance with the basic requirements.
In this case, it is necessary to indicate the main points:
- address of the branch of the guardianship and trusteeship authority at the place of residence of the child who has not yet turned eighteen years old;
- It is necessary to indicate basic information about the applicant;
- presenting relevant arguments regarding a particular matter. First of all, you need to indicate who the applicant is to the child. In addition, you need to list what illegal actions are being committed regarding the baby;
- further, it should be indicated in what specific way inaction or abuse of rights is manifested;
- it is necessary to write whether there were incidents of physical, mental and sexual violence against a minor;
- It is necessary to indicate exactly how this information was obtained;
- You can write down other useful information that may be useful.
New “Law on Education”
What concerns the education of children is clearly stated in the new Law of the Russian Federation “On Education” of 2015 No. 273-FZ (adopted on December 21, 2012), which also covers the responsibilities of parents in the educational field.
In addition to choosing an educational institution, form of education, national and foreign language, the parent must be interested in curriculum and teaching methods .
Attending various medical and psychological examinations of the child is the right of parents, as well as protecting the interests of their minor offspring. But compliance with various rules, regimes and procedures of the educational institution is the responsibility of parents .
Parents are obliged to take an active part in resolving all disputes and conflicts in an educational institution with the participation of their children , not to leave things to chance and not to lead the situation to the intervention of guardianship authorities, especially law enforcement agencies.
Sample complaint against the mother/father of a child
It can be obtained from the relevant authorities.
It is imperative to list the laws governing the issue under consideration. The complaint should also ask the services to check the living conditions of a particular family. The applicant has the right to file a claim to deprive the unfortunate parents of their rights to the child. He may also ask the guardianship authority to conduct an explanatory conversation. The person who filed the complaint must leave his contact phone number to receive a response.
He should also indicate his own mail and email. All information contained in the application should include the date of writing, initials, and signature.
A sample application to the guardianship and trusteeship authorities for the child's mother is available.
