RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of September 24, 2008 No. 866

Questions of the activities of agencies of guardianship and care connected with protection of the rights of the child

Cabinet of Ministers of Ukraine decides:

1. Approve applied:

Procedure agencies of guardianship and cares of the activities connected with protection of the rights of the child;

Standard regulations on the commission on questions of protection of the rights of the child.

2. Declare invalid the resolution of the Cabinet of Ministers of Ukraine of October 17, 2007 No. 1228 "Questions of the organization of accomplishment of the legislation concerning guardianship, care over the orphan children and children deprived of parent care" (The Official Bulletin of Ukraine, 2007 No. 79, the Art. 2946).

3. District, district in Kiev and Sevastopol to public administrations to form in the two-month time of the commission on questions of protection of the rights of the child and to approve regulations on them.

Recommend to executive bodies of city, district councils in the cities to form the commissions on questions of protection of the rights of the child.

4. To the ministries, other central executive bodies to bring in two-month time own regulatory legal acts into accord with this resolution.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of September 24, 2008, No. 866

Procedure agencies of guardianship and cares of the activities connected with protection of the rights of the child

General part

1. This Procedure determines the mechanism of implementation by agencies of guardianship and cares of the activities connected with protection of the rights of the child.

2. Terms which are used in this Procedure are applied in the values given in the Laws of Ukraine "About child care", "About providing organization-legal conditions of social protection of the orphan children and children deprived of parent care", "About social services" and "About social work with families, children and youth", "About prevention and counteraction to domestic violence".

3. Guardianship and custody bodies are district, district in Kiev and Sevastopol the state administrations, executive bodies city, district in the cities, village, settlement councils, including the integrated territorial communities (further - guardianship and custody bodies) which perform activities for social protection of the children who are in difficult vital circumstances including to providing their right to education in family, to provision of the status of the orphan child and child deprived of parent guardianship, the child who suffered as a result of military operations and armed conflicts, to the device of the orphan children and children deprived of parent guardianship, to establishment of guardianship and custody over the orphan children and children deprived of parent guardianship on protection of personal, property and housing laws of children, the prevention and counteraction to domestic violence concerning children and with participation of children.

Guardianship and custody bodies perform the activities connected with protection of the rights of the child, with respect for the following principles:

ensuring the best interests of the child;

non-admissions of discrimination of children;

confidentiality of information on the child.

Direct business management and coordination of activities concerning protection of the rights of children, in particular the orphan children, children deprived of parent guardianship, children who are in difficult vital circumstances, children who suffered as a result of military operations and armed conflicts and also concerning implementation of stipulated by the legislation actions in the sphere of prevention and counteraction to domestic violence concerning children and with participation of children, are assigned to services for children Kiev and Sevastopol of the state administrations, executive bodies, district, district in, city, district in the cities (in case of their education) councils, village, settlement councils of the integrated territorial communities (further - services for children).

For implementation of the powers determined by the law on protection of the rights of children city, district in the cities (in case of their education), village, settlement councils of the integrated territorial communities provide:

formation of services for children;

development and approval of regulations on service for children taking into account Item 5 of the resolution of the Cabinet of Ministers of Ukraine of August 30, 2007 No. 1068 "About approval of standard regulations on service for children" (The Official Bulletin of Ukraine, 2007, No. 66, the Art. 2541) and approximate regulations on service for children of executive body city, district in the city (in case of its creation) council, the village, settlement council approved by Minsotspolitiki;

work of single electronic databank of the orphan children and children deprived of parent guardianship, and family of potential adoptive parents, guardians, custodians, adoptive parents, parents tutors;

acceptance from the district state administrations of personal records of orphan children, the children deprived of parent guardianship and persons from their number which come from the corresponding territorial community, the children who are in difficult vital circumstances and living (staying) in the territory of the corresponding territorial community according to the approximate procedure approved by Minsotspolitiki.

accounting of children who were left without parent guardianship, the orphan children and children deprived of parent guardianship; children who can be adopted; the orphan children and children deprived of parent guardianship who arrived from other territories; the adopted children, behind conditions of accommodation and which education supervision is exercised; the children who are in difficult vital circumstances; potential guardians, custodians, adoptive parents, parents tutors; candidates for adoptive parents; real estate of orphan children, the children deprived of parent guardianship including children who before formation of services for children city, district in the cities (in case of their education), village, settlement councils of the integrated territorial communities stayed on the corresponding registry in services for children of the district state administrations (accounting of potential adoptive parents, parents tutors, children who can be adopted and candidates for adoptive parents are conducted only by services for children of executive bodies city, district in the cities (in case of their education) councils).

Social protection of the children who are in difficult vital circumstances

3-1. For the purpose of creation of proper conditions for ensuring realization of the right of each child to education in family, supports of the families which are in difficult vital circumstances, protection of the rights of children in such families public authorities, local government bodies, organizations of education, health care, social protection of the population, other institutions and organizations including structural divisions Kiev and Sevastopol of the state administrations, executive bodies, district, district in, city, district in the cities (in case of education) councils, village, settlement councils of the integrated territorial communities concerning education, health care, social protection of the population, implementation of actions in the sphere of prevention and counteraction to domestic violence and violence on the basis of sex, etc., services for children, the centers of social services, specialists in social work or other suppliers of social services, bodies of National police, territorial authorities of GSChS and subordinate divisions, specialized agencies on provision of free primary legal assistance, the regional and local centers for provision of free secondary legal assistance, bureau of legal assistance, courts, bodies of prosecutor's office, authorized bodies concerning probation, other general and specialized support services of persons which were affected by domestic violence and violence on the basis of sex according to the Law of Ukraine "About prevention and counteraction to domestic violence" (further - authorized subjects) provide identification of the children who are in difficult vital circumstances in the place of their accommodation (stay), provision of services by it within powers and method which are provided by the Constitution and the laws of Ukraine, inform other authorized subjects in case of need of implementation of complex measures for protection of the rights and interests of such children and support to their families (in case of availability) according to Procedure for ensuring social protection of the children who are in difficult vital circumstances including the children who were affected by ill treatment, the approved resolution of the Cabinet of Ministers of Ukraine of June 1, 2020 No. 585.

3-2. No. 800 is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 03.10.2018.

3-3. No. 800 is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 03.10.2018.

Identification of children who were left without parent care

4. Persons who knew of the fact of leaving of the child without parent guardianship shall notify immediately on it service for children in the place of identification of the child.

Service for children or executive body of village, settlement council in which the message on the child who was left without parent care arrived the location of the child, its age, the information about parents or persons who replace them, circumstances on which the child was left without parent care, surname, name, middle name and the address of person from whom the message arrived shall find out and to obtain other information having essential value.

The service for children in case of need gives to the relevant center of social services for family, children and youth of the information about the child, his parents or persons replacing them, and information on circumstances under which the child was left without parent guardianship, for provision of necessary social services.

4-1. Identification of the children separated from family who are foreigners or stateless persons and showed willingness personally or through other persons to receive the status of the refugee or person needing additional protection (further - the children separated from family), according to the Law of Ukraine "About the refugees and persons needing additional or temporary protection" and also interaction of state bodies and local government bodies is carried out according to the procedure, established by the Cabinet of Ministers of Ukraine.

5. The rural, settlement chairman or other authorized person of executive body of village, settlement council within a day after receipt of information on the child who was left without parent care, transfers it to service for children.

6. All messages on the children left without parent care, service for children registers in register of messages on children who were left without parent care which is conducted in form according to appendix 1.

Service for children and in case the child is found in the territory of the village, the settlement, - executive body of village, settlement council together with employees of authorized division of body of National police and health care within a day after receipt of the message on the child who was left without parent care, conduct examination of conditions of its stay, the state of health and find out circumstances on which the child was left without parent care.

By results of inspection of conditions of stay of the child the statement in which date, the venue of inspection, the information about the child, his parents, other persons with whom he lives, conditions of keeping of the child and state of his health, under what circumstances and for what reasons the child was left without parent care, and also measures which were taken for protection of the rights of the child is celebrated is drawn up.

Examination of conditions of stay is not conducted in case the child is in institution of health care, shelter for children of service for children, the center of social psychological recovery of children.

The temporary device of children who were left without parent care is carried out according to Item 31 of this Procedure.

7. In case when the child is abandoned in maternity hospital, other institution of health care, or parents or other relatives refused to take away it, it is thrown or found, the statement in the form approved by MZ and Ministry of Internal Affairs is drawn up.

7-1. If mother who is not married did not take away the child from maternity hospital or from other healthcare institution, the administration of healthcare institution immediately reports about such child in service for children and the center of social services for family, children and youth at the place of residence of mother and if the place of residence of mother is unknown - service for children in the healthcare institution location.

The center of social services for family, children and youth shall find out circumstances of refusal of mother to take away the child from maternity hospital or from other healthcare institution, to carry out in case of need the corresponding work on social support of mother for the purpose of change of its intentions and creating favorable conditions for accomplishment of obligations by it on education and content of the child and to inform in two-month time service for children on results of the carried-out work.

The service for children sends within seven days from the date of receipt of such message request to department of civil registration of the place of state registration of the birth of the child for the purpose of receipt of the complete statement from the State register of acts of civil status of citizens about registration of the birth of the child.

After receipt from department of state registration of acts of civil status of the complete statement from the State register of acts of civil status of citizens about registration of the birth of the child with indication of the information about the father which is written down based on articles 126 and 128 of the Family code of Ukraine, the service for children takes measures to clarification of its actual location and sends (hands) it the written message on obligation to take away the child for content and education from maternity hospital or from other institution of health care.

In the message the service for children specifies the information about the child, the address of institution of health care in which there is child, term during which it is necessary to take away the child, and also consequence in law if the father will refuse to take away or will not take away the child from maternity hospital or from other institution of health care in certain time.

8. If there was direct threat of life or to health of the child, the body of guardianship and care who knew of it makes the decision on immediate confiscation of the child at parents or persons who replace them.

For decision making about immediate confiscation of the child at parents or persons who replace them the service for children immediately after receipt of the message on direct threat of life or to health of the child together with authorized division of bodies of National police, the specialist in social work, representatives of healthcare institution carries out assessment of level of safety of the child, according to appendix 10. Authorized subjects within the powers can be in addition involved in evaluating level of safety of the child.

In case of identification (confirmation) by results of assessment of level of safety of the child of the facts of direct threat of his life or to health and the need for acceptance of urgent measures to ensuring its safety the child can be instantly sent to healthcare institutions for inspection of state of his health, rendering necessary medical care in stationary conditions and documentation of the facts of ill treatment of it or is temporarily arranged according to Item of 31 these Procedures.

After acceptance of urgent measures to safety of the child the service for children submits on the same day district, district in Kiev and Sevastopol to the state administration, executive body city, district in the city (in case of creation) council, to village, settlement council of the integrated territorial community the petition for urgent confiscation of the child at parents or persons who replace them. After receipt of the petition the authorized person district, district in Kiev and Sevastopol of the state administration, executive body city, district in the city (in case of creation) council, village, settlement council of the integrated territorial community within one day considers the raised question and makes the relevant decision.

The paragraph the fifth is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 06.10.2021 No. 1035

At the parents or persons replacing them the guardianship and custody body in writing informs on the same day bodies of prosecutor's office for the residence of the child on confiscation of the child and in seven-day time after decision making takes a legal action with the claim for deprivation of parents or one of them of the parent rights, for confiscation of the child at mother, the father without deprivation of the parent rights. 

The service for children with the assistance of other structural divisions district, district in Kiev and Sevastopol of the state administration, executive body city, district in the city, village, settlement council, including the integrated territorial community performs preparation of documents for the appeal of body of guardianship and care to court on deprivation of parents or one of them of the parent rights or confiscation of the child at mother, the father without deprivation of their parent rights.

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