Agreement on the reception family. Sample Counseling Treaty Treaty Family Family Sample

What this is for the family of a family device -, and why the guardian needs to be very carefully reading his female family agreement.

So, she called a reception family.

Family Family- This is a form of a device that exists in our legislation, and is suitable for the device in the family of orphans and children left without parental care.

This form is no worse than others, and maybe something better. At least many perceive it as ordinary custody over the child, only pay more money. Money pay more is a fact.

How is the "Reception Family"?

Between the receiving parent and the state body (organization) istreaty on the reception familyin which certain rights and certain responsibilities of the reception family can be spelled out and, in fact, this is the guardianship and guardianship authority. One of the items is that the receptionparents receive reward for their serviceswho provide the state by raising this child. Therefore, a reception family is such a form of a device that necessarily includes the concept of a contract. If someone ever came across contracts, it understands that there is at least two sides in the contract, and these two parties agree on something.

Here is an example. The state body offers potential replacement parents to take a child in a selection family and offers a pack of documents that have written a certain procedure for creating this family, as well as what rights and obligations arise from the parties.

A receiving parent, as a rule, does not read this (this is found very often), signs, and further, when, for example, he is on the threshold, employees of the guardianship body along with a psychologist are surprised why they were there.

The fact is that what you subscribe to the contract this is what you agreed with. The guardianship suggested you, and you did not refuse. You had an option to abandon it. You could not sign such a contract and take children to a simple custody, not receiving a reward for your services from the state. But if you still have certain services to the state, then the state instead wants something to get something with you.

I discover and read a typical treaty that is offered to all receptions in Moscow. Here is one of the items:

• "Every year, in conjunction with the receiving child (children), psychological diagnosis in the organization authorized by the Department of Labor and Social Protection of the City of Moscow and provide the results of psychological diagnostics in the guardianship and guardianship authorities no later than 15 days from the date of issuing a conclusion to incorporate the necessary measures to protect the child's protection. "

Next point:

• "To conclude a family accompaniment agreement in accordance with the procedure approved by the Moscow Government."

Once again: these are points from the Treaty on the Family Family, which you may have already concluded. Maybe you have entered into an agreement with the other text, it must be read and analyze, but if you have it in the contract, then yes, you are obliged to take diagnostics every year and in 15 days to grant a conclusion, yes, you are obliged to conclude an agreement on the accompaniment. This is your duty, you agreed on it yourself.

But if you do not have such a duty in the contract, or if you are just a guardian, then no one obliges you to undergo any psychological diagnostics or bring some papers not provided for by law. This is necessary to understand very clearly:if you subscribe under somehow, please check. If you have not subscribed to anything, it is not necessary.

The next moment: you have already concluded an agreement on a reception family, for example, in two thousand of some year. Its conditions are satisfied with you, it is satisfied with how your rights are spelled out and what are the obligations of the guardianship authorities. And the contract, for example, is valid until 18 years old. The custody bodies come and say that you must renew the contract.

The words "necessarily" and "must" here are too much. You can renew the contract on the new conditions that suggest you, that is, you have the right to sign an additional agreement that will contribute to your contract, for example, these two items, or any other items. And you can not sign - this is a contract, it must be carried out both you and the bodies of guardianship and guardianship. And this should not be affected on the conditions that are available in your contract currently.

So please be attentive. If you are satisfied with what you are offered, subscribe. Not satisfied - you can always refrain from signing. Distribute the contract on the reception family, in case you refuse to change its conditions, the guardianship and guardianship authorities are not entitled. That will be the contract that was. But if you have a contract for a year, or the contract ended, or you only create a selection family, then you have one of two options: or agree with the conditions that today offer you, or not agree and remain a simple guardian, not receiving Remuneration for services provided by the state.

Unfortunately or fortunately - I, as a taxpayer, I can say, fortunately, and, for example, the replacement parent expresses regret - the state begins to closely treat the receiving family and gradually make it precisely professional, folded certain conditions, responsibilities and require their execution . This does not have anything terrible in the point of view of the taxpayer, nor from the point of view of the receiving parent, you just need to understand what you are binding. If you need this - sign, if you do not need it - select the other form of the device. After all, it is so simple, so easy.

The child can still be in the family, even if you do not want to sign a female family agreement. You can take it just under the custody or, of course, it is better to adopt.

According to 152, the article of the Russian Family Code, the reception family involves custody (guardianship) over the child, carried out by agreement on the admission family. Such an agreement is issued between the guardianship, guardianship and adoptive parents (one adoptive parent).

To all legal relations formed from the Agreement on the establishment of the adoptive family, the regulatory rules defined for the legal institution of guardianship are applied.

Conclusion of the Treaty

Legal Agreement on Education Family Family must be in accordance with the Resolution of the Russian Government from 2009governing the rules for the conclusion of progressive agreements (guardianship).

To initiate the procedure for creating a receiving family, potential receiving parents must submit to the guardianship authority related to the address to the location of the child, a corresponding statement. Employees of the guardianship authorities after the applicant's written appeal, having considered all the circumstances and documentation, make a decision on the appointment of the applicant to the guardian (trustee), which fulfills their duties commended.

For the adoption of an appropriate solution, employees of the guardianship authorities have 10 days after receiving the named written conversion of the candidate.

Applicants should pay attention to the fact that in the decision, there must be a reservation on the relevance of the services of the receiving parent.

When the guardianship authority prescribes a candidate (trustee), compensated for services, authorized persons begin to prepare an agreement on the formation of the adoptive family, which lies with the parties on a ten-day period from the moment of a positive decision of the guardianship authority.

According to the Family Code, the agreement on the formation of the adopted family must contain:

• Personal data of a child (children) transmitted under the specified agreement to raise the family. The text of the agreement indicates the age, the name of children, the state of their health, identified by experts the level of physical and mental development.
• Terms of action of the agreement.
• Conditions for the education, content and education of a crucial child (children).
• The size of remuneration, leaning receiving parents.
• The allocated funding amount for the content of each child's custody.
• Enumeration of specific social support measures provided by the reception family. A complete list of such measures is established on the basis of children adopted in the family. In addition, benefits and compensation for adoptive families depend on the Russian region, where such a family lives.
• Rights, duties imposed on adoptive parents.
• Rights, powers, obligations of guardianship bodies for adoptive parents.
• The grounds, legal consequences of termination of the adoptive family agreement.

If an agreement on the formation of the adoptive family is to immediately with several trustees (guardians), for example, spouses, one contract is allowed to conclude one contract with a married couple or making an agreement with each adoptive parent.

Sample contract for the formation of a reception family

Treaty on the creation of a reception family

_________________________________________________________________________ (Name of the guardianship body, guardianship) in the face _____________________________________________________________________

(data and position of the authorized employee), operating () on the basis of the Russian Family Code, the provisions on the admission family and ____________________________________________________________________

1. The Subject of the Agreement

The adoptive parent takes on the upbringing in his own family _______________________________________________ (child data) remaining without parental care.

The adoptive parent receives remuneration, cash payments provided to the maintenance of the adopted child, other special payments. It enjoys benefits provided to families with children, as well as special benefits established for adoptive families.

The receiving parent organizes a common life, leisure, creating the required conditions for the care, education, the content of the adopted child.

The guardianship authority undertakes to assist the receiving parent. The guardianship authority performs monitoring, monitoring the conditions of residence, education of the adopted child, the execution of the adopted parent of responsibilities under this contract.

2. Rights and obligations of the adoptive parent

2.1 Reception Parent undertakes to bring up a child taken, take care of his health, mental, moral, physical development and create the required conditions for upbringing, namely:

2.1.1 to protect the life, health of the adopted child, respect his human dignity, to defend his rights, interests;

2.1.2. To ensure the passage of regular planned climbing climbing, if necessary, to organize treatment, send to a survey;

2.1.3 Constantly providing sufficient care, given the individual needs of the child;

2.1.4 to organize the receipt of the education child;

2.1.5. Perform an individual child adaptation program in a reception family, composed with the guardianship;

2.1.6 Do not prevent the child's communication with his blood relatives, when such contacts, personal communication do not contradict his interests, development;

2.1.7 Immediately notify the guardianship authority on the emergence of unfavorable conditions for education, education, the content of the adoptive child.

2.2 Reception Parent has rights, responsibilities of the guardian (trustee), being a legal representative of the child taken into the family.

2.3 The rights of the adoptive parent should not be implemented in contradiction of the interests, the rights of the admission child.

3. Rights of the child 3.1 The child transferred to the foster parent for education has the right to:

3.1.1 on legal protection of health, life, respect for human dignity;

3.1.2 for accommodation together with the adoptive parent;

3.1.3. Freely express opinions in resolving issues affecting his interests, rights;

3.1.4 Having received the consent of the adoptive parent, maintain contacts with blood parents, other relatives.

3.1.5 on timely protection against any abuses made by the adoptive parent. In violation of his rights, the receiving child is entitled to contact the guardianship authorities, guarding protection, and after fourteen years - and to court.

4. Responsibilities of the guardianship

4.1 The guardian body undertakes:

4.1.1 Help the creation, maintaining normal living conditions, raising a child transmitted to the reception family;

4.1.2 provide an immediate adoptive family to the required assistance within its competence, including psychological and pedagogical support;

4.1.3 Allow disputes, determine the procedure for communicating a child with blood relatives, given the interests of the adoptive family and the child himself;

4.1.4 In a timely manner, in full to pay a remuneration of the receiving parent, the remuneration of the receiving parent, the money for the content, to provide benefits, support measures to support the receiving family according to the terms of the contract.

5. Payment of the work of adoptive parents, targeted payments and benefits

5.1 The guardian body pays the following payments to the receiving parent:

5.1.1 Failure to educate the adopted child ________ rubles.

5.1.3 on the payment of utility payments, domestic services, the purchase of furniture, the current repairs _________ rubles per month.

5.2 The remuneration of the receiving parent and monthly payments are carried out no later than the 20th day of the previous month. Payments are made to the bank account of the receiving parent.

5.3 The guardian body contributes to the receiving family benefits:

5.3.1 Foods for special, preferential prices in ________________________________________________

(name, address of a specific base, shop);

5.3.2 Tails for children, including free trips, in holiday homes, sanatoriums, wellness camps;

5.4 Other benefits regulated by regional or municipal legislation.

5.5 The adopted parent who receives the paid payments from the guardianship authority is obliged to use the following money on the target approval designated in the Agreement.

5.6 The receiving parent is obliged in writing to record the coming and consumption of funds allocated for the maintenance of the child and annually provide information on the funds spent the funds. The funds not spent during the reporting period are not withdrawn.

6. Responsibility of Party

6.1. The adoptive parent is responsible for life, physical, moral, mental health, child development, conscientious performance of their duties, targeted funding funds.

6.2. The guardianship is responsible for the conscientious fulfillment of responsibilities regarding the adoptive family, timely, full payment of remuneration to the receiving parent, the payment of targets, ensuring the established benefits.

6.3 If the party does not fulfill either fulfills the obligations acquired under the contract, inappropriately, the other party has the right to defend interests in court.

The policy of the state is aimed at reducing the number of children raising in organizations, and the popularization of replacement families. Currently, only 9% of all children - orphans live in government walls. Simplification of the Rules of the Family Device in 2012 - 2014 led to an increase in the number of candidates for replacing parents. Selection of the ideal form of the device for each situation is individual. Therefore, the future mother and dad should think well before making a decision.

The law provides for three forms of family education of children in need of the device:

This form of the device has a priority. If a child has a suitable status, authorized bodies must take all possible measures to transfer it precisely adoptive parents.

The status of a child becomes adopted if:

• mom and dad (or the only parent) are deprived of parental rights;
• mom and dad died or declared dead;
• mom and Dad gave written consent to adoption;
• there was a picture of the parents under Art. 77 SC.

The selection of candidates is the most strict. For adoptive parents, it is necessary:

• Certificate of training in school replacing parents.
• Residential area owned.
• Income incorporating the cost of living on all family members and adopted baby.
• A satisfactory state of health (by decision of the medical commission).
• There is no criminal record for grave and especially grave crimes.
• Other conditions provided for by law.

Important! Contrary to popular belief, the adoptive parents do not necessarily have a married couple. Single citizens also have the right to raise the baby.

Adopters and adopted possesses the entire complex of rights and obligations of blood families, including the right to inheritance, alimony obligations, maternity capital and others. Financial support for such families is not provided with law separately. An exception is a one-time allowance in the adoption of a child over 7 years old, a child - a disabled person or Siblingov (brothers and sisters).

The difference between these families will be only responsibility for the inadequate education of the child. An extreme measure of punishment for blood families is deprivation of rights, for adoptive parents - cancellation of adoption. 90% of adopted children in the territory of the Russian Federation - kids up to 3 years.

1. Add to certificate.

Guardians free of charge, as a rule, become close relatives. For transfer to custody, the baby needs the status of a child left without parental care. The reason for obtaining status value does not have.

Lists of documents for candidates for adoptive parents and guardians are similar. Due to the fact that during the family device, preference is given to blood relatives, the attitude to the guardians is loyal:

• The residential premises may be owned, in gratuitous use, provided under the employment contract.
• The income level does not have a decisive value.
• In addition, grandparents, brothers, sisters, aunt and uncle are released from the need to undergo training in schools of replacement parents.

Financial support for guardians differs depending on the region of residence. Each child raising a guardian family has the right to be allowed, but the amount of monthly payout is determined by the legislation of the region.

1. Compensated guardian.

This is a special (professional) kind of guardianship, in which the rewarding parent receives a monthly remuneration for the upbringing of the baby. There are the following types of fees:

• reception family;
• patronics family.

The essence of the adoptive family contract

The most common type of compensated guardianship is the receptional family. The activity of this form of the device is carried out on the basis of the Treaty on the Family Family (Contract). It is believed that the adoptive family was invented to popularize the family device of special categories of children, such as:

• siblingi (single and / or single brothers and sisters);
• children with disabilities, including disabled people;
• children, over the age of 7.

Typically, the family device of kids such categories is difficult. However, this information is not enshrined. Therefore, the refusal to conclude a contract by the guardianship authority can be appealed in court.

Important! If Siblingi know each other and lived together, they must be arranged in one family. In addition to cases where it contradicts their interests.

The main aspects of this form of the device:

The concept of adoptive parents

The guardian who performs his duties is expensive, under the adoptive family agreement, is called a "adoptive parent". Subject features:

The contract must contain the following aspects:

If the regulatory acts of the municipality does not provide for another, then the head of education and will be the head of the guardianship authority. The content of the contract may vary by agreement of the parties. Recommended by the Mind Mind of the Russian Federation from 2010.

The payment of remuneration to the marital pair has the following features. Maybe:

• transfer in full to the account of one of the spouses;
• list to the accounts of each of the spouses in any desired percentage.

Important! Even if a married couple is framed as a replacement family, the amount of remuneration does not increase.

The contract is to the 18th anniversary of the ward. The column "details" indicates the name of the parent, date of birth, address of residence, bank account details.

An account to receive remuneration can be opened in any bank at the request of a citizen. Forced to transfer to a specific bank can be appealed in the antimonopoly service.

Sample adoptive family contract with marks

Termination

The contract may terminate on the following grounds:

1. Death of a citizen or ward.
2. Inappropriate performance by the teacher of their duties.
3. At the request of the guardian.

If the teacher dies, the child is transferred to the guardianship authorities for the further device. If there is an opportunity, you can transfer the baby to the upbringing of the goalkeeper to close relatives.

If the ward is dying, the guardian must inform the guardianship department within 3 days. Otherwise, unnecessarily paid remuneration and benefits will be charged through the court. The tutor does not inherit the property of pupils.

The concept of "improper performance" includes:

Termination of the contract at the request of the educator is possible if there are the following reasons:

• severe guardian disease;
• sophisticated family situation (severe financial situation, divorce);
• conflict between the ward and the educator.

In the event of an insurmountable conflict situation, the guardianship authority is obliged to offer:

• Crisis accompaniment. Includes drawing up an individual family assistance program, assistance of psychologists, lawyer, doctors.
• Placing the ward to the center of rehabilitation (up to 6 months).
• Temporary room of the pupil into an organization for children - orphans.

If the measures taken did not give a positive result, the contract is terminated. The educator may refuse the crisis support of the family, for this it is necessary to fill out the refill form in the guardianship department.

Special attention

1. The guide to the content of the ward is listed on the nominal account, open in the name of the educator.
2. Remuneration is listed on a guardian personal account.
3. Every year, before February 1, the educator submits a report on disposal of the money and property of the guardianship.

Let's summarize:

1. Reception family is a kind of paid guardianship.
2. The adoptive parent receives payment for the upbringing of children.
3. The adoptive parent can be as a candidate for replacing parents and acting guardian.
4. The contract is between the educator and the guardianship.
5. The approximate form of the contract is contained in the letter of the Ministry of Mind of the Russian Federation from 2010.
6. One contract may be concluded for several wards. The recommended number of children in the family - 8, including blood.
7. The contract is terminated both at the request of the guardian and at the request of the guardianship.

Consequently, the adoptive family agreement is a document in which all legislative nuances of the relationship between the adopted family, the child placed there, and the state. All controversial moments that are not spelled out in the document are solved individually by guardianship and guardianship authorities, within the framework of the current legislation of the Russian Federation.

O.V. Fetisova, graduate student of the Moscow State Social University.

The provision on the priority role of parents in the life and education of their children, their beneficial effects on intellectual, moral and other qualities of the child belongs to indisputable. In cases where, for some reason, the child lost his parental care, it is necessary to create conditions under which it may be in the family of the family, close to the atmosphere of the family of blood parents. This serves family forms of minors of juvenile children, one of which is a receptional family.

Reception family as a form of a device of such children, as the practice shows, is justified in any case. Nevertheless, it is rare in Russia. Thus, according to the official data of the Ministry of Education of Russia, as of January 1, 2003, more than 140 thousand children were waiting in the device, of which only 1041 children (which is 0.7%) were transferred to education in Favoric family. And this, while the institution of the adoptive family in the Russian Federation is already over seven years old and it is absolutely new it is impossible to call it. A minor number of existing receiving families can be explained by many reasons. Among them, firstly, the presence of pro-Belov in legislative acts of federal significance, regulating relations associated with the reception family; secondly, the presence of contradictions on the organization and activities of the adoptive family in regulatory acts of the Russian Federation and its subjects; thirdly, the absence of legal acts about the admission family in many subjects; Fourth, insufficient full-fledged law enforcement Prak-teak in this area.

When creating a receptional family, the process of its organization is most interest, in which it seems that two closely interrelated stages can be issued: a pre-info and directly concerning the conclusion of a child's transfer agreement to education in the reception family.

Pre-contracting relations are developing between future participants of the Treaty for the transfer of the child in the adoptive family before its conclusion. Ultimately, these relations are precisely the success of the education of orphans and children who are left without parental care in the so-called substitute families. At this stage, the ratios are subject to certain legal requirements formulated in the Family Code of the Russian Federation and the Regulations on the Family Family 1. Here, the following main general rules can be distinguished here:

• in paragraph 1 of Art. 153 of the RF IC and paragraph 6 of the provisions on the admission family are established a list of persons who cannot act as adoptive parents;
• in paragraph 2 of Art. 153 and paragraph 2 of Art. 154 of the RF IC, as well as in paragraph 11 and 12, the provisions on the admission family determined the procedure for the selection of parents of educators and children transmitted to the education in the receiving family;
• in paragraph 3 of Art. 153 of the RF IC and paragraph 12 and 16 of the provisions on the admission family are governed by the rights and obligations of future participants in the contract at the stage of pre-contracting relationships;
• in paragraph 1 of Art. 152 of the SC of the Russian Federation and paragraph 15 of the provisions on the admission family are given general parameters of the content of the concluding contract.

In this regard, attention should be paid to several important points.

From the requirements of the Family Code of the Russian Federation and the Regulations on the admission family, it can be concluded that the point of reference, testifying to the beginning of the predictional relations, should be considered to be submitted to the body of the guardianship and guardianship potential parents-educator applications with a request to make a conclusion about the possibility of being admission parents (p. 7 provisions on the reception family). It is from this moment that the parties enter into legal relations with each other, aimed ultimately on the creation of a foster family. The form-mating of intention to take on the upbringing of a child deprived of the parental care, remains outside the data of the relationship, although the ideological parents are guided in each particular case, they have an important meaning.

At the stage of pre-appropriate relations, the guardianship and care body checks the compliance of the qualities of candidates for admissioning requirements for the requirements of the RF IC and the Regulations on the adoptive family to their personality, age, the state of health. In this case, all existing legal prohibitions and restrictions serve as a necessary guarantee of compliance and ensure the rights and legitimate interests of minors to be transferred to the sub-seven family.

In accordance with Art. 153 of the RF RF, adopted parents can be adults of both sexes. From this general situation, the following flows:

• A citizen who has reached 18 years of age can become a parent-caregiver. In order to fully implement the functions of raising children, it must meet the requirements of Art. 21 of the Civil Code of the Russian Federation on the full capacity of the citizen. And legal capacity, as a rule, occurs only upon reaching the age of majority. Accordingly, a person under the age of 18, but becomes fully capable as a result of emancipation or marriage before the age of majority, does not acquire the right to become a parent as an educator of adoptive children.
• In the meaning of the law, adoptive parents can be both the 18-year-old boys and girls and the faces of old age. This statement is based on the norms of the RF IC, establishing only the lower age limit to acquire the status of the parent's parent and not mentioning age, with the onset of which a person cannot create a reception family. It seems necessary to supplement the current legislation on the admission family by the Regulation determining the age limits for persons intending to create a reception family. This is explained by the fact that the activities of parenting parents for the education of adoptive children require complete dedication, great physical efforts, a certain life experience, as well as special skills and knowledge. In addition, the establishment of clear age indicators will avoid situations of the biased assessment of their capabilities due to the age characteristics of the one who wants to replace the parent. Therefore, the most optimal option is to permit to become receiving parents to persons aged 30 to 60 years.

To take a child to education is allowed to citizens who do not only want this, but also in a state to properly fulfill their responsibilities to create in the family the necessary conditions for the physical and moral development of their pupil. This is the established Art. 153 of the RF RF list of persons who can under any circumstances can act as adoptive parents. These include: persons deprived of parental rights or limited by the court in parental rights; Former adopters, if adoption is canceled by the court by their fault; Persons suspended from the obligations of the guardian (trustee) for the improper fulfillment of the law assigned to them; Persons recognized by the court incapable or limitedly capable, as well as persons who are not able to fulfill the duties to raise the child.

The listed list is exhaustive. However, there is a need for him. expansion. The problem of the introduction of new legal prohibitions and restrictions is primarily due to the interests of a minor (child) in the goal of fencing it from "unfair" adults who are able to worsen the child's difficult life.

In particular, there may be no restrictions on the person who wants to become a receiving parent, a permanent place of residence and constant income. Under the place of residence, the citizen traditionally understand the place where he constantly or mainly live, i.e. Residential building, apartment, service residential premises, etc.

As for the income of the family of adoptive parents, it must at least be equal to the subsistence minimum, making it new in the subject of the Russian Federation, in whose territory a reception is created 2.

Material remuneration for the education of the adopted child, in our opinion, should not be the only source of parent-parent-parent family income. In this regard, if the adopted family creates a married couple, then the contract for the re-child of the child in the receiving family should be with one of the soup rugs, and another spouse can work under the employment contract, to have a permanent income business; .

An obstacle to the conclusion of an agreement on the transfer of a child in a foster family will undoubtedly be:

The guilty improper fulfillment of the former parent-tutor entrusted to him;

Committing a potential parent-teacher of a grave or especially serious deliberate crime;

The impossibility for one of the spouses to become a parent parent by virtue of his contraindications established by the legislation of the Russian Federation on the foster family.

On the question of whether they can become adoptive parents who live together, but not officially married, in our opinion, only one answer is possible: No. Despite the fact that there are no close legal relations between parents-boosters and their pets, such as adopting, nevertheless, the family education of children, deprived of parental care for a long period of time. For the "civilian" marriages, as a rule, a non-long-term, founded only on personal relationships. For this reason, the existence of a reception family can be posed.

There is a different question: can it create a foster family of one-naked pair? All these problems are devoted to numerous discussions in our country and abroad. In Russia, this issue still remains open, while many states have already defined their position. So, it can be stated that in Vel-Kinga, Canada, Australia, New Jersey (USA) Gomosek-Sovual couples received the right to adoption (adoption), custody, the creation of adoptive families. And although for such persons, the possibility of adopting a child (children) is the possibility of adopting the child (children), but theo-retratically one can assume that any of them want to create a reception family.

The decision of the question, in our opinion, does not lie, and it cannot lie in the right plane. The RF IC does not contain direct declarations that the homosexual orientation is an obstacle on the way to creating a receptional family. It seems that this problem is relative to the problems of morality and morality, and its decision depends on how much the society is ready for "recognition" (in the legal sense) of such a category of persons and empower their rights of spouses, parents. In addition, we should not forget about the child, his psychological and

spiritual well-being. After all, a child who has fallen into the family of union parents can form a distorted idea of \u200b\u200bthe family, about the purpose of man and a woman, mother and father.

An important problem in all respects at the stage of pre-appliance relationship is the problem associated with the procedure for selection and training of persons who want to create a foster family. In the RF IC and in the position of the admission family, the most common approach to its solution is defined. In turn, the subjects of the Russian Federation in their regulatory laws are often duplicated by the provisions of federal acts about the renewable family. This approach seems unreasonable. It requires additional detailed regulation at the local level, taking into account the characteristics of the subjects of the Federation.

The selection of adoptive parents is carried out by the guardianship and guardianship authority from among those who live in a given area of \u200b\u200bpersons who have expressed a desire and capable of taking up the child (de-Tay) to their family. The process of recruitment parents consists of several stages. This is due to the fact that, first of all, it is necessary to identify the presence or absence from the candidate for the role of a receptionable parent of the ability to educate children. It is at this stage that the motives that encourage people to occupy such activities occur. That is why candidates for the post of adopted parent fill the questionnaires, psychological testing and training are passing.

Preparation of the future parent of the educator to work on the educational institution of adoptive children includes a set of activities pro-trained by guardianship and guardianship authorities in order to acquire adopted parents and educating skills, general with children deprived of parental care, which can express -In the familiarization of adoptive parents with the legislation on the admission family, with the peculiarities of its activities. For adoptive parents, lectures on pedagogy, children's and teenage psychology can be organized.

According to paragraph 2 of the provisions on the admission family, the number of children transmitted to the education in the adoptive family, as a rule, is not able to be more than eight people, including native children and adopted. The phrase "as a rule" indicates that this position is not imperative, i.e. In one receiving family, the Mo-Gut is brought up with both less and more than eight children. It is that it would be more correct if the number of children was clearly defined, namely from one to five, and their total number, including native and adopted, should not exceed eight people. The number of wards of the adoptive family should be reasonable in terms of the possibility of implementing a full-fledged family brought in relation to each child. The receptional family is primarily a family, so it seems that on this basis should not identify it with a family-type orborhood, where the number of children can be more than great.

With regard to the quality of children transmitted to the family of adoptive parents, nor IC RF, nor the provision on the admission family does not contain any restrictions and prohibitions. And it is undoubtedly correct. Thereby, it is possible to find a family to gain a full-fledged family communication and upbringing in any needy in this child. The main thing is that it can as much as possible to approach the conditions of family upbringing. But in practice, children with deviations in mental or physical development are often found in adoptive families, as well as children of older age, i.e. Those who are deprived of the opportunity to be adopted. This does not observe the device of such children in the receiving family, if a potential parent-career is warned about the actual position of affairs. And if he agreed to take a sick child, he should help with solving problems of household, medical and pedagogical character.

The stage of pre-applied relations is not limited to solving issues regarding the selection, verification of candidates for adoptive parents. It also is also valuable by the fact that the future parties of the pre-talk about the transfer of the child in the adoptive family - the guardianship and pedestrian body and potential parents-educators are endowed with a right and responsibilities, the implementation of which leads to the conclusion of the said contract. As follows from paragraph 12 of the provisions on the reception family, a citizen is a future adoptive parent, entitled:

1) to attend educational, medical and preventive institutions, the institutions of social protection of the population or other similar institutions where the child is located, regardless of their departmental affiliation and the organizational and legal form;

2) Choose a child and meet him, as well as half-read comprehensive and reliable information about the imperfect summer.

In turn, the guardianship and guardianship authority has the right:

• give a positive or negative conclusion about the possibility of being adoptive parents;
• promote a child's selection for subsequent transfer to a specific selection.

The guardianship and guardianship authority is obliged:

• give a referral to future parenting parents to visit the child at his place of residence (location);
• provide comprehensive, reliable information on the physical and mental development of the child.

The next, most important and responsible stage of the establishment of the adoptive family is the conclusion of a re-beck (children's transfer (children) transmission (children) in a reception family, which are drawn up negotiated relations between the parties. Their essence is that the parties enter each other into relations based on legal and pre-current standards defining their legal status, as well as commitments to the child to be subject to a family. The legal prerequisite for the conclusion of the Treaty on the transfer of the child to the family is a statement of a person who wants to take it to education in his family (paragraph 14 of the provisions on the foster family). This statement is submitted to the guardianship authority and the citizenship personally.

The Treaty on the transfer of a child to education in the adoptive family is concluded between the legal entity - the guardianship and the guardianship authority, and the physical person - the adoptive parent. A child, a rest in the family, regardless of the age of participation in the conclusion of the contract does not accept.

Generally accepted in the theory of law is to determine the contract as an agreement of two or several persons about establishing, changing or terminating any rights and obligations. Two important consequences flow out of this op-defense: first, any-thief is primarily an agreement under which the coincidence of the will of the parties aimed at achieving the Tse-Li for them; Secondly, the contract is only mutual agreement, since it participates at least two sides.

Of course, the Treaty on the transfer of a child in a foster family is also a convention. It is a joint side-scorina of the Parties (parent-teacher and the guardianship body and the guardianship) expressing their general will to establish rights and obligations about the transfer of a child deprived of parental care in the family, as well as subsequently (their ) Education and content.

This contract is inherent in a number of specific features, allowing it to allocate it from the mass of other, including civil law, contracts. The first sign of a child's transfer agreement in a foster family is its defined subject. To conclude such an agreement may not any persons, but only those that are specified in Art. 151 of the RF IC. The individual features of this house-thief consist in a special circle of relations regulated by him. The sphere of its action is limited by relations related to the advantages, but with the organization of the adopted family, the transfer of the child to education in the family of adoptive parents, the conditions for its upbringing and content, the work of receiving parents. In other words, the content of the Treaty on the transfer of the child in the adoptive family is predetermined by the RF IQ and the Regulations on the Family Family.

Speaking about the distinguishing features of the DOG-thief under consideration, it is impossible not to say that his execution is closely related to the personality of the participants and therefore the parties can not resort to the help of a representative or make the necessary actions by proxy. In accordance with the current legal projection of the Russian Federation, the adoptive parents require personal use of the obligations taken by them under the contract. Therefore, under no circumstances, they cannot convey their rights and obligations under the contract to other persons.

Taking into account the current legislation on the reception center, as well as the foregoing, it can be argued that treaty on the re-learning of a child in a foster familyit is an agreement of the OR-Ghana guardianship and a citizen (adoptive parent) on the transfer of a child who is a kind of orphan or for other things, we are deprived of parental care, to upbringing the family of a receptional parent for a certain period for the remuneration in the form of Zara-Batoch fees.

The question of the legal nature of the child's transfer agreement in a pre-element family is a discussion. In scientific literature, there are three basic opinions on this. Supporters of the first relative agreement under study for family legal agreements (RAG); Supporters of the second opinion believe that this agreement is a type of civil and legal contracts: Finally, supporters of the third opinion speak about the labor nature of the child's transfer agreement in the reception family.

Official regulatory legal acts regulating a given question are not clarity on this. Thus, the letter of the Ministry of General and Professional Education of the Russian Federation of January 30, 1997 No. 15/438-6 "On the procedure for the commission of the Decision of the Government of the Russian Federation on the admission family", the guardianship and care bodies are recommended to conclude a contract with adoptive parents. Somewhat later in a letter of the Ministry of Education of Russia and the Ministry of Internal Affairs of Russia dated July 9, 2001 No. 846/28-5 "On the procedure for issuing labor relations between adoptive parents and guardianship bodies for the transfer of a child (children) for education in the foster family" Relationships are called contractual: they are based on a compensated service agreement. At the same time, in SA-I, the name of the document is about labor relations. You can only give one of two explanations of this inconsistency: or there is an editorial error, or state bodies in the person of federal ministries do not know the answer to this question.

Obviously, the Treaty on the transfer of a child in the adoptive family is under-Chienen with the general requirements of civil law, the fundamental norms and principles of which can be applied to the regulation of relations included in the private field in the subsidiary (auxiliary) manner. In family right, such a situation was racing the legislative consolidation in Art. 4 IC RF. Thus, the study agreement is subordinated to the fundamental principle of contractual law - the principle of freedom of the contract. It can be viewed from the exact video classification of transactions with the exact possible classification of transactions. From this it follows that the Treaty on the transfer of the child in the foster family is a mutual, compensated and bilateral agreement.

At the same time, it is quite obvious that the re-beck transmission agreement in the adoptive family does not have direct analogues among civil-law agreements provided for in the current Civil Code of the Russian Federation. In this regard, the question arises: is it possible to put a sign of equality of me, waiting for the contract in question and the contract or the contract of compensated service provision?

According to Art. 702 of the Civil Code of the Russian Federation, under the contract, one side (contractor) undertakes to perform a certain job on the task of another side (Customer) and hand over its result to the Customer, and the order-chik undertakes to take the result of the work and pay it. The main features of this contract are:

• the subject of the contract is the performance of work, but the main finite
  Labor Result (Activity), for example Built house, stitched
  in the studio dress, etc. Lit case, it can be noted that, firstly,
  Publicated Art. 703 of the Civil Code of the Russian Federation, the result of the contractor's activities is material (touches) and individually defined, and secondly, the Civil Code of the Russian Federation binds the end of the contract to the transmission of the work result. " Thus, under the household contract, the contractor is established (Art. 737 of the Civil Code of the Russian Federation) for the disadvantages found during the reception of the results of the work, as well as the responsibility of the Customer (Art. 738 of the Civil Code of the Russian Federation) in case of its failure to appear in obtaining the result of the work performed. As for the Treaty on the transfer of the child in the adoptive family, the emphasis is not done on the result of the educational process, but on the very process of raising the child. And the result of the activities of the adopted parent is not clothered, and can not be clothed, in the material and a certain form;
• the parties to the contract of the contract are the Customer and the Contractor, which can act as physical and legal entities. However, if a citizen is engaged in contracting without the formation of a legal entity systematically, it is obliged to undergo state registration as an individual entrepreneur. As noted above, the parties to the Treaty on the transfer of the child in the adoptive family are the bodies of the guardianship and guardianship and the citizen - the adoptive parent. In this case, the activities of adoptive parents can hardly be called professional;
• payment for the work of the contractor is carried out in accordance with Art. 709.
  Civil Code and is determined by the Agreement of the Parties. Reception parents
  ray wages in the amount established by the Law of the Subject
  The Russian Federation on the remuneration of adoptive parents. Consequently, the Contractor receives a remuneration due to the contract, and the parent - the educator - by virtue of a special law;
• contractual relations are terminated after passing contractors
  The result of his work and acceptance by its customer. The contract also on the transfer of the child in the receiving family is terminated, as a rule, after the expiration of the deadline for which it was concluded.

From the above, it follows that the contract contract and the transfer agreement in the reception family are not similar to: the contract of the contract - the T-Pink so-called property agreement, and the Treaty on the transfer of the child in the reception family. At the same time, it is impossible to negotiate that between these two treaties there is a certain descent. So, for the employment contract, as, however, and for contracts. We are not the result of the work being done or the service provided, but the process of its execution or rendering, is important. In fact, in another case, the employee and adoptive parent-life is paid monthly salary. According to the employer's employment, the employer undertakes to ensure the working conditions of the employee (workplace, overalls, etc.). Under the contract for the transfer of the child in the adoptive family of the guardianship and guardianship body ensures the admission of seven money for nutrition, the acquisition of clothing, shoes, and soft inventory, business items, personal hygiene, games, toys, books (p. 29 provisions Family family). In both cases, the relationship is stopped after the expiration of the contract. At the same time, the differences in the child's transfer of the child to raise the family from the employment contract can be noted. So, adoptive parents do not have labor leave. Despite the fact that the education of adoptive children is credited to the employment experience of educators' parents, in the list of necessary up-to-kaytera, provided for in paragraph 7 of the provisions on the admission family, does not mean the workbook, whereas by virtue of Art. 65 of the Labor Code of the Russian Federation in the opinion of the employment contract, the person coming to work should present to the employer in addition to other documents and the employment record. An employee when taking a job can be appointed test term in accordance with Art. 70 of the Labor Code of the Russian Federation, and for the adoptive parent it can not be appointed.

It seems that the closest parents are the work of the lumplings (ch. 49 of the Labor Code of the Russian Federation). So, according to Art. 310 TK RF, obsmunaries are considered to be persons who have become a labor agreement on the performance of work at home from Mate Rials and using tools and mechanisms allocated by the employer or an obsitant acquired at their own expense. Both the ackll and the receiving parent is free to choose the time of the IS-full of their duties, they are not connected by the regime and regulations.

Based on the above, it can be argued that in addition to the Treaty on the transfer of a child in a foster family, another special agreement should be concluded, which would establish the rights and obligations of the guardianship and guardianship authority and parents of educators on the implementation of the latter work related to family education of children - Hard and children left without parental care.

1. An indication of the child who is transmitted to education in the reception family. They can only have a minor citizen who remains without parental care: orphans; Children whose parents are unknown; Children whose parents are deprived of parental rights are limited in parental rights, they are considered incapable, missingly missing, condemned; Children whose parents do not personally personally implement their upbringing and content, as well as children left without parental care, which are in educational or other similar institutions. Children who are among themselves are usually transferred to one adoptive family, with the exception of cases when they cannot be brought up together for medical reasons or other reasons.

The total number of children, including relatives and adopted, should not exceed 8 people.

The size of remuneration due to adoptive parents, the amount of funds for the maintenance of each child, as well as social support measures provided by the reception family, depending on the number of children adopted on the upbringing, are determined by the contract on the admission family in accordance with the laws of the constituent entities of the Russian Federation, there is no common rules. In other words, in order to accurately determine the amount due, you need to know the terms of the contract and the locality where the child's transfer agreement is concluded in the reception family.

For example, in Moscow, a receiving parent is paid a remuneration of 15,155 rubles per child per month (or 25,763 rubles a month for the education of a disabled child. If there are three and more receiving children in the reception family, the remuneration is paid to both receiving parents. (Art. 21 of the Law of Moscow No. 12 "On the organization of guardianship, guardianship and patronage in Moscow").

And in the Moscow region, the remuneration of the receiving parent depends on the state of the health of the child's ward: for the upbringing of one child up to three years, referred to I - II Health Groups - 12,650 rubles; For the upbringing of one child over the age of three years, classified to I - II groups of health - 9,200 rubles; For the upbringing of one classified to III, IV and V health groups - 25,000 rubles.

The benefits provided in accordance with the laws of the constituent entities of the Russian Federation, the benefits of a different nature of the admission family should be reflected in the Treaty on the transfer of the child (children) to education in the reception family.

Currently, special legislative and other regulations on the provision of various benefits to adoptive families are adopted in Belgorod, Volgograd, Kursk, Lipetsk, Perm, Sverdlovsk, Tyumen, Yaroslavl and other areas. Their analysis makes it possible to allocate the main types of social and housing benefits provided in the regions of adoptive families to which include: providing a discount of up to 50 percent for the apartment fee, utility fees and telephone; providing land with exemption from land tax payment; The predominant right to receive sanatorium resort vouchers, including free, to therapeutic and health facilities; Providing adopted parents of annual releases with increased duration.

The funds allocated for the maintenance of the adoptive child are transferred monthly into banking institutions to bank accounts of adoptive parents (parent).

In addition, at the disposal of adoptive parents, the amounts due to the child as alimony, pensions and benefits, which are consumed by the child's maintenance. The court has the right at the request of the person who is obliged to pay alimony, to make a decision on the transfer of the amount of alimony to be paid (but not more than 50%), to the account, open to the child's name in the bank (paragraph 2 of Art. 60 of the Family Code of the Russian Federation).

• 3. The condition for raising a child. The upbringing of the adoptive child should be based on mutual respect and care for him, so that he felt an integral part of the family. For this, parents organize a common life and leisure, provide a child assistance in resolving its questions and conflicts, ensure their child care and its treatment, systematically show medical professionals in accordance with the state of his health. The adoptive family enjoys predominantly the right to receive vouchers for children, including free, in the sanatorium, wellness camps, as well as holiday homes, sanatoriums for joint rest and treatment.
• 4. Regulations on ensuring the child the necessary conditions for its full development. Reception parents should create conditions for the child's education, to take care of its physical, mental, spiritual and moral development, to provide a visit to the child of a general education institution, follow its performance, maintain communication with teachers and educators of this institution. In case of impossibility of visiting a child of a general educational institution for his health, adoptive parents should ensure education in the form of forms available to the child.
• 5. Rights and obligations of adoptive parents. The rights of the admission parent include:
  • - the right to a monthly remuneration due to the receiving parent;
  • - to defend the rights and interests of the adoptive child (including in court) without special authority (paragraph 2 of Art. 31 of the Civil Code of the Russian Federation);
  • - Make on behalf of the young admission child and in his interest all the necessary transactions (paragraph 2 of Art. 32 of the Civil Code of the Russian Federation; Art. 150 of the Family Code of the Russian Federation); give consent to the commission of those transactions that the adoptive child aged 14 to 18 years old are not entitled to commit independently, and assist the admission child in implementing their rights and fulfill the duties (paragraph 2 of Art. 33 of the Civil Code of the Russian Federation);
  • - dispose of the established Art. 37 Civil Code of the Russian Federation the procedure for the property of the adoptive child;
  • - The right to benefits provided by the reception family depending on the number of children taken to raise children. They are established by the laws of the constituent entities of the Russian Federation.

The duties of adoptive parents include:

• - to educate the adoptive child on the basis of mutual respect, take care of his health: to ensure that it is care for it and treatment, systematic showrooms to medical professionals in accordance with medical recommendations and the health of the child;
• - create the necessary conditions for the child's education, take care of its full-fledged development, provide a visit to the child of a general education institution, follow its performance, to keep in touch with teachers and educators of this institution (if it is impossible to visit the Child a general educational institution for its health to ensure education in the established law available for child forms);
• - to protect the rights and interests of the child;
• - to spend money allocated for the maintenance of the child or due to him as alimony, pensions, benefits, only on the maintenance of the child;
• Adjust the body of guardianship and guardianship about the emergence of adverse conditions for the detention and education of the child.
• - annually no later than February 1 of this year, unless other term is established by the contract, submit to the guardianship and guardianship authority in writing for the previous year on storage, on the use of the property of the ward and on the management of the property of the ward (see Appendix No. 2, the sample filled Report of the receiving parent).
• 6. Rights and obligations of the guardianship and guardianship organ in relation to the reception family.
• - implement in the manner and within the deadlines established by the legislation of the Russian Federation, verification of the living conditions of the adoptive child (children), compliance with adoptive parents (parents) of the rights and legitimate interests of the adoptive child (children), ensuring the preservation of its (their) property, as well as the execution of the receivers parents (parent) requirements for their rights and fulfill their duties, as well as the conditions of this Agreement;
• - to promote the creation of appropriate living conditions and education of the adoptive child (children) in the reception family;
• - if necessary, immediately assumes a reception family, including psychological and pedagogical;
• - consider disputes and determine the procedure for communicating the admission child (children) with blood relatives on the basis of the interests of the adoptive child (children) and taking into account the interests of the adoptive family;
• - In a timely manner and fully paid the monetary remuneration of adoptive parents (parent) and funds for the content of the adoptive child (children) and provide measures to social support for the receiving family in accordance with the terms of this Agreement.
• 7. The term for which the child is transmitted to the reception family. Most often, the child is transferred to the adoptive family before reaching them the age of majority. But other options are allowed.
• 8. Grounds and consequences of termination of the contract. The basis for terminating the contract may be a change in the family or property situation of the family, the emergence of adverse conditions for the education of the child: conflict relations between children, the lack of mutual understanding with the child's adoptive parents, non-fulfillment of any contract condition one of the parties. All the property and financial issues arising from the early termination of the contract are resolved by the consent of the parties, and in the event of a dispute - the court in the manner prescribed by law.

The necessary changes and additions to the text of an exemplary agreement on the transfer of a child (children) for education in the adoptive family can be made under the Agreement of the Parties, taking into account the specific life situation.

The contract must be executed personally by receiving parents and properly in accordance with its terms and conditions of the law. One-sided refusal of execution is not allowed.

The approximate form of an agreement on the transfer of a child to education in the receiving family is presented in Appendix No. 1 to this course work.