Foster care

If you want to become a friend to a child who lives in an orphanage or boarding school - there is such an opportunity!

Foster care is a form of participation of citizens in the upbringing of orphans and children left without parental care, who are in children's boarding schools, institutions of vocational, secondary special, higher education.

Children may be transferred to foster carers during holidays, weekends, public holidays established and declared non-working by the President of the Republic of Belarus, as well as during their illness, including when being treated in stationary conditions in health care organizations, passing entrance tests upon admission to educational institutions.

Foster care is carried out free of charge.

As a foster carer, you can:

1. Foster carers may be capable citizens of both sexes, with the exception of:

persons deprived of parental rights;

persons removed from the duties of a guardian (custodian) for improper performance of the duties assigned to them;

former adoptive parents, if the adoption is canceled by the court due to improper performance of the duties assigned to them;

persons who have a criminal record for premeditated crimes, as well as persons convicted of premeditated grave and especially grave crimes against a person;

persons whose children have been selected in court without deprivation of parental rights;

persons whose children have been recognized as needing State protection in accordance with the first part of article 85¹  of the Marriage and Family Code in connection with the failure or improper performance by these persons of their obligations to raise and maintain children;

persons with whom the contract of foster care was terminated prematurely due to improper performance of the duties of a foster carer;

persons living together with citizens specified in the second-eighth paragraphs of this paragraph.

2. How to become a foster carer

Step 1 - If you want to become a foster carer, you need to apply to the department of education at the place of residence with an application for the issuance of a conclusion on the presence in your family of the conditions necessary for the upbringing of children, confirming  the possibility of being a foster carer. You must have a passport with you.

2nd step – the Department of education requests from the competent authorities the necessary information about you (requests are sent to the Department of Internal Affairs, the court, the health care institution), organizes and conducts a survey of your living conditions, about which an act is drawn up.

3rd step - On the basis of the act and the information received about you, the department of education prepares a conclusion on the presence in your family of the conditions necessary for the upbringing of the child, and issues it to you no later than 15 days from the date of your application.

Step 4 – After receiving a conclusion about the presence in your family of the conditions necessary for the upbringing of a child, you can contact the head of the institution (to the nearest orphanage, shelter, boarding school) in order to find a child who can be transferred to you for foster care; or in order to strengthen contact with the child you already know.

 

5th step - Representatives of the institution (director, educator, educational psychologist, social teacher), will tell you about which of the pupils can be transferred to foster care. If you are interested in the proposed child, you will organize an acquaintance with him and inform you about the needs of the child.

You should be prepared for the fact that the administration of the institution may refuse to acquaint you with the child you are interested in, since this child has the prospect of being placed for adoption or in the guardian family of relatives. You should understand that foster care is an opportunity for a child to live in a family only for a short time, and in the interests of the child - to find him a permanent family for a long time, therefore, of course, adoption (guardianship, custody) for a child is preferable to foster care.

Step 6 – If you have managed to establish good contact with the child, and you have decided to become his foster carer, inform the administration of the institution about your decision and write an application for the transfer of the child to you for foster care.

Step 7 – The administration of the institution finds out the child's opinion that he thinks about the possibility of spending weekends and (or) vacation days in your family, and if the child does not object, a contract of foster care is concluded between you and the head of theinstitution. The contract is concluded for a period of up to 1 year.

Now you are a foster carer and should know your rights and obligations.

The foster carer shall be responsible for the life and health of the child transferred to him for foster care, exercise the rights and perform the duties of his upbringing, satisfaction of his vital needs during the period of stay of the child in the family and in accordance with the contract of foster care.

In agreement with the head of the institution, the foster carer within the framework of the foster care agreement creates conditions for the preservation and strengthening of the child's family ties, implements other measures aimed at his socialization.

The foster carer has the right to receive, and the institution is obliged to provide:

one copy of the contract of foster care;

a copy of the birth certificate (identity document) of the child;

information about the state of health of the child and the recommendations of doctors for the period of his stay in the family of the foster carer.

The foster carer is obliged to ensure the preservation of the information known to him, constituting medical secrecy, in relation to the child transferred to him for foster care.

Foster carer shall not have the right to interfere with the communication of specialists of the institution, the guardianship and custody body and (or) the bodies and organizations authorized by him (her) with the child transferred to him (her) for foster care.

The foster caregiver shall be obliged to immediately inform the head of the institution about the following cases:

diseases of the child and injuries received by the child;

commission of administrative offenses or crimes by a child;

violation of the rights and legitimate interests of the child;

unauthorized departure of a child from the family of a foster carer.

Step 8 – By accepting a child in your family, you will be compensated for the cost of his nutrition, based on the norms established by law. The amount of funds transferred to you for the child's nutrition will be reflected in the order of the institution. The same order will appoint the employees of the institution who will be entrusted with monitoring the child in your family. You can call to make sure that the child in your family is comfortable and safe, you can also visit the staff of the institution to get acquainted with the living conditions of the child in your family.

9th step – The legal representative of the child transferred to you for foster care is still the administration of the institution, it participates in the upbringing of the child, the protection of his rights and legitimate interests, provides services for social, psychological and (or) pedagogical support of your family. If you have any problems with the child, you can always contact the employees of the institution who will provide you with the necessary qualified psychological and pedagogical assistance.

The text of the Regulations on foster care, approved by the Resolution of the Council of Ministers of the Republic of Belarus of 28.06.2012 No. 596, you can find on our website at the link http://nacedu.by/assets/files/596-2014.pdf

Advantages of foster care

•   The opportunity to place in the family of a foster carer of a child who has no other opportunities to be brought up in the family.
•   An opportunity for a child of conscious age to gain experience of life in the family, to get effective preparation for independent life and more successful social adaptation.

•   An opportunity for the child to maintain family ties, a chance to return to a biological family.
•   Foster carers can be people who would never be able and did not dare to become adoptive parents or guardians, custodians.

Disadvantages of foster care

•   A child from visiting the family of a foster carer can expect something more (for example, hoping that the foster carer will adopt him).

On June 28, 2012, the Regulation on Foster Care came into force.

Although foster care is a new form of participation of citizens in the upbringing of orphans, children left without parental care, foster care has been known in Russia since the time of Catherine the Great, was actively used during the Great Patriotic War in order to help children left orphans.

Perhaps you have repeatedly thought that social orphanhood is a difficult, unnatural situation when parents for various reasons do not raise their children, and you might like to help one of these children, but for some reason you can not accept him into your family for a long time. In this case, foster care is just the way you can move forward and really be helpful.

A child transferred to the family of a foster carer gets the opportunity to at least live "away", and not in a state house, which helps him survive severe psychological trauma. Children get a chance to gain a positive experience of life in the family, maintain and strengthen family ties, more effective preparation for independent life and more successful social adaptation. The child has the opportunity to learn the warmth of family relations, and at the same time preserve the memory of their roots and their origin, which is important for any person.

What is foster care?

Foster care is a form of participation of citizens in the upbringing of orphans, children left without parental care, who are in children's boarding schools, institutions of vocational, secondary special, higher education (hereinafter - the institution).

Foster care is carried out free of charge.

Children are transferred to foster care on the basis of a foster care contract concluded by the head of the institution with a foster carer, taking into account the conclusion on the availability of conditions necessary for the upbringing of children. Such a conclusion is issued by the department of education at the place of residence of the candidate for foster carers.

Who can become a foster carer?

Foster carers may be capable citizens of either sex, with the exception of:

persons deprived of parental rights;

persons removed from the duties of a guardian or custodian for improper performance of the duties assigned to them;

former adoptive parents, if the adoption is canceled by the court due to improper performance of the duties assigned to them;

persons who have a criminal record for premeditated crimes, as well as persons convicted of premeditated grave and especially grave crimes against a person;

persons whose children have been selected in court without deprivation of parental rights;

persons whose children have been recognized as needing State protection in accordance with the first part of article 85¹  of the Marriage and Family Code in connection with the failure or improper performance by these persons of their obligations to raise and maintain children;

persons with whom the contract of foster care was terminated prematurely due to improper performance of the duties of a foster carer;

persons living together with the citizens referred to in the preceding paragraphs.

In the absence of contraindications, where should I go?

A citizen wishing to become a foster carer, with an identity document, must apply to the department of education at his place of residence with an application for the issuance of the conclusion of the department of education on the presence in his family of the conditions necessary for the upbringing of children.

Department of education within 5 calendar days from the date of submission of the application by the candidate for foster carers requests from the relevant bodies and organizations the necessary information and (or) documents:

- on the absence of a criminal record for intentional crimes of the candidate for foster carers and citizens living together with him, as well as on whether the candidate for foster carers and citizens living together with him were convicted for premeditated grave and especially grave crimes against a person;

- whether the candidate for foster care and citizens living together with them were deprived of parental rights, whether adoption was previously canceled in respect of the candidate for foster carers and citizens living together with him;

- whether the candidate for foster carers and citizens living together with him were recognized as incapable or partially capable;

- whether the children of the candidate for foster carers and citizens living together with him were recognized as in need of state protection, whether they were selected without deprivation of parental rights, whether the candidate for foster carers and citizens living together with him were removed from the duties of a guardian, trustee for improper performance of assigned duties;

Further, within 15 calendar days from the date of the candidate's application for foster carers, organizes or conducts a survey of the living conditions of the candidate for foster carers, about which an act is drawn up in the form approved by the Ministry of Education, including:

assessment of the housing and living conditions of the candidate for foster carers and their safety for the life and upbringing of the child;

assessment of the readiness of the candidate for foster carers to participate in the upbringing of the child.

On the basis of all the information and documents received, the department of education prepares a conclusion on the presence in the family of a candidate for foster carers of the conditions necessary for the upbringing of a child. It includes recommendations on age, sex, health condition and the number of children who can be transferred to the foster care candidate.

With citizens who received in accordance with the established procedure when considering their applications for adoption, establishment of guardianship, custody, on the creation of a foster family, a family-type orphanage, a conclusion on the presence in the family of conditions necessary for the upbringing of children, a foster care contract may be concluded without requesting information and (or) documents specified above, and conducting a survey of living conditions.

Do certain citizens enjoy the pre-emptive right to adopt a particular child?

In the presence of several persons wishing to accept the same child for foster care, the preferential right is granted to his relatives, subject to the obligatory observance of the interests of the child.

When selecting candidates for foster carers from persons who are not related to the child, preference is given to persons living in the district (city) in the territory of which the institution is located, except for cases when the transfer of the child to foster care outside the district (city) meets the interests of the child.

How many children can a citizen take for foster care?

The number of children who are transferred to foster care to a citizen at the same time is determined by the contract of foster care, taking into account the conclusion.

Under the conditions, brothers and sisters are transferred to foster care jointly, except for cases when, for medical reasons or other reasons (including at the request of the children themselves), their joint stay in the family of a foster carer does not correspond to their interests.

For how long are children transferred to the family of a foster carer?

Children may be transferred to foster carers during holidays, weekends, public holidays and holidays established and declared non-working by the President of the Republic of Belarus, as well as during their illness, including when being treated in stationary conditions in health care organizations, passing entrance tests upon admission to educational institutions.

The terms of stay of the child in the family of the foster carer shall be established taking into account the desire of the child, the foster carer and the peculiarities of the organization of the educational process in the institution.

Is the child's desire taken into account when transferring him to foster care?

The transfer of a child to foster care is carried out taking into account his desire, expressed in an accessible way for him. A child who has reached the age of ten may be transferred to foster care only with his or her consent.

What is the procedure for making a foster care contract?

The contract of foster care is concluded between the head of the institution and the foster carer. With the form of the contract of foster care you can find on our website in the heading "Substitute family", section "Legislation".

To conclude a contract of foster care, the necessary:

- application of the candidate for foster care about the transfer of the child (children) for foster care,

- information and documents specified above,

- conclusion of the department of education of the district, city executive committee, local administration of the district in the city, carrying out the functions of guardianship and custody of children at the place of residence of the foster carer on the availability of conditions necessary for the upbringing of children.

The head of the institution determines whether the interests of the child his transfer to foster care corresponds to this candidate for foster care and may refuse to conclude a contract of foster care to the candidate for foster care, if this does not correspond to the interests of the child.

For how long is the contract of foster care concluded between the head of the institution and the foster carer?

This contract is concluded for a period of up to 1 year.

What is the procedure for transferring a child to a family for foster care?

Children are transferred to foster care on the basis of a contract of foster care

When transferring a child to a foster carer, no later than the day of the child's departure, an order is issued to transfer the child to foster care, which indicates:

- the period of stay of the child in the family of the foster carer;

- the amount of funds transferred to the child's nutrition in cases provided for by the legislation of the Republic of Belarus,

- employees of the institution who are entrusted with the control over the living conditions and upbringing of the child in the family of the foster carer, the timing of their submission of a report on the results of control to the head of the institution.

A copy of the order is given to the foster carer.

Is the conditions of upbringing and maintenance of children transferred to foster care monitored?

This control is carried out by the guardianship and custody bodies at the place of residence of foster carers, as well as by institutions that have transferred children to foster care in the following forms:

-phone calls,

- conversations with teachers and attending physicians of the child (children),

- conversations with the child (children), visiting the family of the foster carer at home,

- observation by a social teacher and a teacher-psychologist, questioning.

Other forms of monitoring may be used by agreement. If necessary, the guardianship and custody authority or the head of the institution may not inform the foster carer about the date and time of the monitoring.

What are the cases of termination of the contract of foster care?

The contract of foster care shall be terminated:

- upon its expiration,

- in cases of place of the child for upbringing in the family,

- transfer (admission) of the child to another institution,

- death of a child or foster carer.

Can the contract of foster care be terminated prematurely?

The contract of foster care may be terminated prematurely:

- at the request of the foster carer,

- on the initiative of the head of the institution or department of education, if it is necessary to protect the rights and legitimate interests of children.

What are the rights and obligations of institutions that transfer children to foster care:

The obligations for the maintenance, upbringing and training of children transferred to foster care are performed by the institution.

For the purpose of transferring children to foster care, the institution:

participates in the search and selection of foster carers who meet the conditions for the upbringing and implementation of the rights of the child, taking into account their needs; provides candidates for foster carers with information about pupils who can be transferred to foster care; ensures the acquaintance of the candidate for foster carers with the child proposed for foster care; provides information on the state of health of the child (children) and the recommendations of doctors for the period of stay of the child (children) in the family of the foster carer, agrees to provide the foster carer with information constituting medical secrecy in relation to the child (children) transferred to foster care and coordinates with the candidate for foster carers the terms and frequency of the child's stay in the family of the foster carer; exercises the rights and performs the duties of a guardian (custodian) in relation to the child (children); within its competence, provides the child and foster carer with services for social, psychological and (or) pedagogical support; within a period of up to 14 days from the date of signing the contract of foster care, sends a copy of it to the department of education that issued the conclusion; on the day of issuance of the order on the transfer of the child to foster care sends a copy of it to the department of education that issued the conclusion; not later than the day of transfer of the child (children) for foster care transfers funds for the nutrition of the child (children) in the cases and amount established by the legislation of the Republic of Belarus; provides the child transferred to foster care with seasonal clothing necessary to meet the needs of the child during the period of his stay in the family of the patron caregiver. exercises control over the upbringing of the child (children), the satisfaction of his basic life needs, the implementation of this contract.

What are the rights and obligations of a foster carer?

The foster carer shall be responsible for the life and health of the child transferred to him for foster care, exercise the right and perform the duties of his upbringing, satisfaction of his vital needs during the period of stay of the child in the family and in accordance with the contract of foster care.

The foster carer has the right to receive, and the institution is obliged to provide:

one copy of the contract of foster care;

a copy of the birth certificate (identity document) of the child;

information about the state of health of the child and the recommendations of doctors for the period of his stay in the family of the foster carer.

Foster carer shall:

Foster educator with the consent of the head on a voluntary basis:

informs the head about the planned terms of stay of the child in his family no later than 7 days, and in case of transfer of the child to foster care during the summer holidays - until May 1; ensures the timely departure of the child to his family and return to the institution within the period agreed with the head; organizes the adaptation of the child (children) in the family; organizes cohabitation with the child (children), life; provides the child (children) with living conditions that meet the sanitary and epidemiological requirements (a separate room or part of it, a separate bed, places for classes and games); provides care and supervision of the child (children), safety of the child (children), satisfaction of their basic life needs; organizes leisure activities for the child (children); with the consent of the head organizes communication with brothers, sisters, parents, other family members of the child (children); ensures the preservation of the information known to him, constituting medical secrecy, in relation to the child transferred to him for foster care; does not interfere with the communication of specialists of the institution, the guardianship and custody body and (or) the bodies and organizations authorized by it with the child transferred to him (her) for foster care; forms in the child (children) a positive experience of life in the family, communication skills in society, prepares the child (children) for socialization in society, develops independence; determines the ways of raising the child (children), taking into account the recommendations of the specialists of the institution; taking into account the opinion of the child (children) and in accordance with his (their) interests, with the consent of the head, organizes the rehabilitation of the child; immediately informs the head about the occurrence of unfavorable conditions for the maintenance and upbringing of the child (children), cases of illness of the child and injuries received by the child, the commission of offenses or crimes by the child, violation of the rights and legitimate interests of the child, unauthorized departure of the child from the family of the foster carer; controls the safety of property transferred together with the child (children), disposes in the interests of the child (children) of the amounts transferred to his (their) food; during the period of stay in the family of the foster carer, assists a child who has reached the age of 14 in the exercise of his rights and obligations, and also protects him from abuse by third parties; ensures that the child (children) receives the necessary medical care in accordance with medical recommendations and the state of health of the child (children) and preserves the information known to him(her) constituting medical secrecy in relation to the child transferred to him for foster care; does not allow the removal of a child outside the Republic of Belarus without the written consent of the head for the departure of the child (children) outside the Republic of Belarus and the order of the education department of the local executive and administrative body at the location of the institution on permission to leave the Republic of Belarus for a certain period without the accompaniment of their legal representative; exercises other rights and obligations that do not contradict the legislation of the Republic of Belarus