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LAW OF UKRAINE

of January 13, 2005 No. 2342-IV

About providing organization-legal conditions of social protection of the orphan children and children deprived of parent care

(as amended on 16-12-2020)

This Law determines the legal, organizational, social principles and guarantees of the state support of the orphan children and children deprived of parent care and also persons from their number, and is component of the legislation on child care.

Article 1. Determination of terms

In this Law the stated below terms are used in the following value:

the orphan child - the child at whom parents died or died;

the children deprived of parent care - children who were left without care of parents in connection with deprivation of their parent rights otnyatiy at parents without deprivation of the parent rights, recognition of parents it is unknown absent or incapacitated, the announcement their dead, serving sentence in places of detention and their stay under guards till the end of the investigation, the search by their bodies of National police connected with lack of data on their location, the long illness of parents interfering them to fulfill the parental responsibilities, and also the children separated from family, the thrown children whose parents are unknown children whom parents, children whose parents do not carry out the parental responsibilities for the reasons which cannot be found out in connection with stay of parents in temporarily occupied territory of Ukraine in areas of conducting anti-terrorist operation refused, implementation of measures for ensuring national security and defense, repulse and control of the armed aggression of the Russian Federation in the Donetsk and Luhansk regions and street children;

the status of the orphan child and child deprived of parent care - the child's provision determined according to the legislation granting it the right to complete state providing and receipt of stipulated by the legislation privileges and which is confirmed by set of the documents certifying circumstances in view of which the child has no parent care;

persons from among the orphan children and children deprived of parent care - persons aged from 18 up to 23 years at which aged up to 18 years parents, and persons who were carried to the children deprived of parent care died or died;

form of child placement and the children deprived of parent care - adoption; establishment of guardianship, care; transfer to foster home, orphanages of family type, to institutions for the orphan children and children deprived of parent care;

adoption - the acceptance by the adoptive father in the family of the child as the daughter or the son performed based on the judgment. Adoption of the child is carried out in its interests for providing stable and harmonious conditions of his life;

establishment of guardianship and care - the device of orphan children, the children deprived of parent care in families of citizens of Ukraine which are, mainly, in the family, related relations with these orphan children or children deprived of parent care for the purpose of ensuring their education, education, development and protection of their rights and interests;

transfer to foster home - voluntary acceptance for a fee family or the individual who is not married from institutions for the orphan children and children deprived of parent care from one to four children on education and for cohabitation;

transfer to orphanage of family type - acceptance in separate family which is established at the request of spouses or the individual who is not married on education and for cohabitation at least five orphan children and/or children deprived of parent care. The total quantity of children, including the family, in such family cannot exceed ten persons;

children pupils are the orphan children and children deprived of parent care, arranged in orphanage of family type;

parents tutors are spouses or the individual who is not married who took on education and for cohabitation at least five orphan children and/or children deprived of parent care and to whom, according to the decision of guardianship and custody bodies, the status of parents tutors is provided;

adopted children are the orphan children and children deprived of parent care, arranged in foster home;

adoptive parents are spouses or the individual who is not married who took on education and for cohabitation of the orphan children and/or children deprived of parent care;

institutions for the orphan children and children deprived of parent care - medical, educational, educational institutions, other institutions and organizations in which the orphan children and children deprived of parent care live;

graduates of institutions for the orphan children and children deprived of parent care - persons who were on complete state providing in institution for the orphan children and children deprived of parent care and finished the stay in the specified institution in connection with the end of training;

the place of origin of the orphan child and child deprived of parent care - the residence or stay of his biological parents at the time of their death or emergence of the circumstances which entailed deprivation of the child of parent care. If parents and their residence or stays are unknown, the place of origin of the child determines the place where the child was found, or the location of medical institution where the child was left;

the residence of the orphan children and children deprived of parent care - the location of institution for the orphan children and children deprived of parent care, premises of orphanage of family type, foster home, guardians or custodians, housing in which the child lives other housing;

the state social standards for the orphan children and children deprived of parent care and also persons from their numbers determined by the laws, other regulatory legal acts the minimum regulations and standard rates of providing orphan children, the children who were left without parent care and persons from their number;

the state content of orphan children, the children deprived of parent care and persons from their number - complete providing according to the state social standards material and money resources of orphan children, the children deprived of parent care and persons from their number for satisfaction of their vital requirements and creation of conditions for normal activity;

social maintenance - the work directed to implementation of social guardianship, the help and patronage of socially unprotected categories of children and youth for the purpose of overcoming vital difficulties, preserving, increase in their social status;

social housing - living space which is provided on regulations of the state social standards according to the legislation at the expense of the state and/or municipal housing stock;

the mentor - the full age capable person performing activities for provision to the child who lives in institution for the orphan children and children deprived of parent guardianship, other organization for children, individual support and the help, first of all in preparation for independent life;

mentorship - voluntary free activities of the mentor for provision to the child who lives in institution for the orphan children and children deprived of parent guardianship, other organization for children, individual support and the help, first of all in preparation for independent life.

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