The Government has reported on the current status of implementation of the Presidential Instruction No. Pr-539 of March 17, 2013 (Clause 1, Subclause C) on the development of foster care, simplifying procedures for adoption and guardianship (custodianship, foster care) of orphaned children and those left without parental care.
Specifically, the Government has announced that as part of the implementation of the Presidential Executive Order No. 1688 of December 28, 2012 On Measures Concerning the Implementation of Government Policy on Orphaned Children and Those Without Parental Care, the Government has prepared a draft instruction relating to the following matters:
- to extend from 3 to 6 months the validity period of the medical certificate or other documents on the health status of a person willing to become a guardian or a custodian of minors;
- to standardise the list of documents certifying the income of candidates for guardianship or adoption, and to specify the list of documents certifying the income of citizens willing to take a child in foster care;
- to exclude from the list of documents submitted by candidates with regard to temporary placement of a child in their family the requirement to provide an extract from the house register (with regard to an apartment) or any other document containing data on adult and minor family members residing with such citizen;
- to extend from 1 to 2 years the validity term of the guardianship and custodianship authority’s evaluation on the possibility of temporary placement of a child (children) with a family;
- to reduce from 15 to 7 days the time it takes the guardianship and custodianship authority to issue an evaluation on the possibility of temporary placement of a child (children) with a family, as well as the time it takes the head of an organisation for orphaned children and those without parental care to approve or refuse temporary placement of a child (children) with a family.
In addition, the following amendments could be introduced in the second reading of the Federal Law No. 229781-6 On the Amendment of Certain Legislative Acts of the Russian Federation on the Placement of Orphaned Children and Those Without Parental Care:
- to vest the Ministry of Education and Science with authority to devise a standard procedure for organising and carrying out activities with respect to training requirements for persons willing to take into foster care a child left without parental care;
- to extend the period of a child’s temporary placement with a family of permanent residents of Russia to 3 months with a possible extension to 6 months (the current placement is for 1 month with a possible extension to 3 months);
- to include into the state database of orphaned children data on people willing to take children into foster care;
- to specify the authority of guardianship and custodianship authorities with respect to rendering assistance to candidates for guardianship, custodianship or to other forms of care permitted by family law to children without parental care;
- to vest the Government with authority to determine the list of activities (services) carried out by organisations for orphaned children and those without parental care, including operations of such organisations, procedures for placing children, including coordination procedures between Russia’s constituent entities and their authorised executives bodies with respect to decisions on placing a child without parental care;
- to exclude from the Family Code requirements to adoption candidates with respect to the submission of documents on the compliance of their residential premises with sanitary and technical regulations.
In addition, Resolution No. 118 of February 14, 2013 On Introducing Amendments to Certain Acts of the Russian Government with respect to Placement of Orphaned Children and Those Without Parental Care with Foster Families cancels the requirement to submit such documents for people willing to become guardians or custodians of minors or to foster children left without parental care.
Consequently, determining additional indicative requirements to residential premises when placing children into a family does not seem to be expedient.
The placement of children with foster families is currently provided by the Family Code (Article 123) among other forms of adoption of children left without parental care. Under the Federal Law On Guardianship and Custodianship, the foster family placement contract (foster family, foster care) is a variation of the guardianship and custodianship contract (Article 14). That said, placing a child with a foster family (foster care) is subject to requirements set out in the laws of Russia’s constituent entities.
Laws on foster care have been adopted by 11 constituent entities, and 1,441 children were fostered by 1,005 families as of the end of 2012.
In April 2013, the Ministry of Education established a working group with the participation of the State Duma, regional bodies of executive authority, as well civil and research organisations, to coordinate proposals on the placement of children with foster families.
The Ministry of Healthcare has approved:
- health assessment procedures for orphaned children and those in difficult situations who are admitted in inpatient institutions, setting out time limits for assessing the child’s health, the possibility of carrying out additional examinations, the obligation of Russia’s constituent entities to ensure that all types of medical services are provided, and the obligation of a medical institution to ensure that health assessment procedures are subject to electronic monitoring;
- health assessment procedures for orphaned children and those left without parental care, including in cases of adoption, guardianship (custodianship), and foster care.
In addition, the Ministry of Healthcare has drafted an order setting out procedures and requirements concerning medical assessment of adoption candidates, as well as the sample medical opinion and its validity term.
The Ministry of Healthcare has submitted to the State Duma proposals on amending the Federal Law On Additional Guarantees with regard to Social Support of Orphaned Children and Those Without Parental Care and to the Federal Law on Foundations of Health Protection in the Russian Federation aimed at improving the provision of medical services to orphaned children and those without parental care, including cases of adoption, guardianship (custodianship), and foster care.
