RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN

of July 31, 2007 No. 158

About approval of the Regulations on orphanages of family type

For the purpose of ensuring protection of the rights and interests of children without parental support, for them the necessary conditions which are brought closer to family, developments of orphanages of family type and also in pursuance of the Resolution of the President of the Republic of Uzbekistan of January 23, 2007 No. PP-573 "About the State program "Year of social protection" the Cabinet of Ministers decides creations:

1. Approve Regulations on orphanages of family type according to appendix.

2. To the ministry of national education of the Republic of Uzbekistan together with the Ministry of Health, the Ministry of Labour and Social Protection of the population of the Republic of Uzbekistan, Council of Ministers of the Republic of Karakalpakstan, khokimiyats of areas and Tashkent:

in three-months time to study activities of the operating orphanages of family type and to bring them into accord with requirements of the Provision approved by this resolution;

provide systematic control of activities of orphanages of family type, render them every possible assistance in implementation of the tasks assigned to them by them.

3. To impose control over the implementation of this resolution on the Deputy prime minister of the Republic of Uzbekistan Kasymov R. S.

Appendix

to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of July 31, 2007 No. 158

Regulations on orphanages of family type

I. General provisions

1. This Provision determines the status, procedure for the organization of orphanages of family type, acceptance of children in orphanages of family type, right and obligation of the parents tutors and children transferred to such houses to education (further - children pupils).

2. The orphanage of family type is educational organization for children without parental support.

3. The main objectives of orphanage of family type are creating favorable conditions for education, training, improvement, intellectual, psychological and physical development of children without parental support, their social adaptation and protection, creation for them the necessary conditions which are brought closer to family.

4. Guardianship and custody bodies promote creation of orphanages of family type, give to parents tutors necessary organizational assistance and at least once a month perform observation of living conditions and education of children pupils.

II. Procedure and conditions of the organization of marital home

5. The orphanage of family type is created, will be reorganized and liquidated according to the solution of hokim of the area (city). The bases for decision making of hokim of the area (city) are the corresponding statement of the spouses wishing to organize orphanage of family type, the conclusion of guardianship and custody body, the interdepartmental commission on cases of minor areas and cities (further - the interdepartmental commission on cases of minors) about possibility of spouses to be parents tutors and to take on education of children.

6. The spouses wishing to organize orphanage of family type file petition in guardianship and custody body in the place of the residence.

The surname, name, middle name, the residence of spouses, in the presence of children (native and adopted (adopted)) - their quantity and age are specified in the statement.

Shall be enclosed to the application:

the copies of education documents certified in accordance with the established procedure, marriage certficates;

the reference or studies (for the unemployed or recognized in accordance with the established procedure as the unemployed - the reference of local authorities on work);

the copy of the service record (in the presence of working life);

the reference from the residence with indication of family members;

the document confirming availability at spouses on the property right, on terms of employment (subhiring) or on other legal causes of the premises meeting health regulations and standards (in case of lack of the respective premises in the statement it is specified about need of providing with office premises);

the conclusion of the medical and consulting commission about the state of health of spouses, references from mental health and narcological facilities, kozhvendispanser.

In case of filing of application the identity document of spouses is shown.

7. The citizens of the Republic of Uzbekistan consisting in the registered scrap aged from 35 up to 50 years if other is not provided by this Provision, except for persons can be parents tutors:

being in natural cognation with the children accepted on education;

recognized in accordance with the established procedure as incapacitated or it is limited by capable;

the deprived parent rights or limited in the parent rights;

discharged of obligations of the guardian (custodian) for inadequate accomplishment of the obligations assigned to them;

the former adoptive parents (adopters), if adoption (adoption) is cancelled by court on their fault;

having diseases in the presence of which it is forbidden to take children on education, according to the list of the diseases determined by the Ministry of Health of the Republic of Uzbekistan;

having criminal record for intentional crime.

8. The guardianship and custody body, based on the statement of spouses, within 30 days from the date of its giving surveys living conditions of spouses, draws up by results of inspection the statement with the corresponding conclusion and submits them for consideration of the interdepartmental commission on cases of minors.

Living conditions of spouses, including living space, sanitary and other conditions shall correspond the approved Ministry of Health together with the Ministry of national education of the Republic of Uzbekistan to standard rates.

In case of inspection the opinion of all jointly of the living family members, including the family and the adopted (adopted) children (from ten-year age their consent is obligatory) is studied, characteristics from place of employment are requested.

9. Based on the act of inspection and the conclusion of guardianship and custody body, and also the provided materials the interdepartmental commission on cases of minors within 20 days from the date of receipt of the act of inspection and the conclusion of guardianship and custody body constitutes the final conclusion about possibility of creation of orphanage of family type and represents it to guardianship and custody body.

At the same time personal qualities of the spouses wishing to become parents tutors, condition of their health, capability (readiness) to accomplishment of obligations on education of children, relations with other family members living together with them shall be taken into account.

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