RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of December 26, 2006 No. 1728

About ensuring the state protection of children, without parental support

Based on part three of article 85-3 of the Code of the Republic of Belarus about scrap and family the Council of Ministers of the Republic of Belarus DECIDES:

1. Approve:

The regulations on procedure for provision to children of the status of children without parental support, losses of this status and return of such children to parents (are applied);

The regulations on procedure for fixing of premises to orphan children and children without parental support (are applied).

2. Make additions and changes to the following resolutions of Council of Ministers of the Republic of Belarus:

2.1. in the Regulations on guardianship and custody bodies in the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of October 28, 1999 No. 1676 (The national register of legal acts of the Republic of Belarus, 1999, No. 85, 5/1944; 2005, No. 52, 5/15772):

2.1.1. part the second Item 2 after words "managements (departments) of education," and "on work" to add respectively with the words "and in the cases provided by legal acts-on the commission on cases of minors of district (city) executive committee, local administration", and ", employment";

2.1.2. to add Item 6 after the words "guardianship and custody" with the words "and the bodies performing functions on guardianship and custody";

2.1.3. to add subitem 7.10 of Item 7 with words ", establish availability at parents of this child of the real estate which is subject to state registration and (or) the vehicle";

2.1.4. add the Provision with Item 8-1 of the following content:

"8-1. The commission on cases of minors of district (city) executive committee, local administration as the body performing functions on guardianship and custody:

8-1.1. makes the decision on recognition of the child needing the state protection, on confiscation of the child at parents (the single parent), establishment to it the status of children without parental support, the placement of the child on the state providing (further - the decision on confiscation of the child) in the cases established by legal acts establishes availability at parents of this child of the real estate which is subject to state registration and (or) the vehicle;

8-1.2. notifies district (city, interdistrict) the prosecutor on the made decision on confiscation of the child;

8-1.3. creates the commission on confiscation of the child;

8-1.4. informs on the made decision on confiscation of the child of the organization for place of employment of parents from whom children are taken away, and in cases when parents do not work or when the child is granted pension, - bodies for work, employment and social protection of local executive and administrative organ and law-enforcement bodies;

8-1.5. makes relevant decisions on return of the child to parents if the reasons which formed the basis for confiscation of the child with the simultaneous notification on it of the organizations for place of employment of parents from whom children, and (or) bodies for work, employment and social protection of local executive and administrative organ or about appeal to the court with the claim for deprivation of parents (the single parent) of the parent rights are taken away disappeared.";

2.1.5. in Item 10 of the word of "social protection" shall be replaced with words "on work, employment and social protection";

2.2. ceased to be valid

2.3. Ceased to be valid according to the Resolution of Council of Ministers of the Republic of Belarus 23.11.2012 No. 1077

3. This resolution becomes effective since January 1, 2007.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of December 26, 2006 No. 1728

Regulations on procedure for provision to children of the status of children without parental support, losses of this status and return of such children to parents

Chapter 1. General provisions

1. This Provision is developed based on the Decree of the President of the Republic of Belarus of November 24, 2006 No. 18, of article 5 of the Law of the Republic of Belarus of December 21, 2005 No. 73-Z "About guarantees on social protection of orphan children, children without parental support, and also persons from among orphan children and children without parental support" and determines procedure for provision to the children needing the state protection and children without parental support, for their temporary lack of the status of children without parental support (further - provision of the status of children without parental support), and also losses by children of the status of children without parental support, and return to their parents.

2. Lack of care of parents over the child comes to light local executive and administrative organs (further - guardianship and custody body), the commissions on cases of minor district (city) executive committees, local administrations (further - the commissions on cases of minors) concerning each of his parents.

Chapter 2. Procedure for provision to children of the status of children without parental support

3. The decision on provision of the status of children without parental support, to the children who are in socially dangerous provision and needing the state protection on their confiscation at parents (the single parent) and the placement on the state providing is accepted by the commission for minors at the place of residence (stay) of the child according to state bodies, other organizations, the citizens having data on finding of children in socially dangerous provision.

The decision on provision to the child of the status of children without parental support, and their placement on the state providing is accepted by guardianship and custody body on representation of structural division of city, district executive committee, local administration of the area in the city performing state powers of authority in education (further – management (department) of education), in case of:

temporary lack of care of both or single parents;

lack of care of one parent and temporary lack of care of other parent.

4. In the decision of the commission on cases of minors or guardianship and custody body on provision to children of the status of children without parental support, day from which this status is provided is specified.

The term for which the status of children without parental support is provided to the child for temporary lack of care of parents (parent), is determined by guardianship and custody body (the commission on cases of minors in case of accomplishment of function of guardianship and custody body).

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