ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of May 18, 2009 No. 423

About single questions of implementation of guardianship and custody concerning minor citizens

According to Articles 6, of 8, of 10, of 14, of 16, and article 152 of the Family code of the Russian Federation the Government of the Russian Federation decides 24 and 25 Federal Laws "About Guardianship and Custody":

1. Approve enclosed:

Rules of matching, accounting and training of the citizens who expressed desire to become guardians or custodians of minor citizens or to accept children without parental support, in family on education in other forms established by the family legislation of the Russian Federation;

Rules of implementation of separate powers of guardianship and custody bodies concerning minor citizens the educational organizations, the medical organizations, the organizations rendering social services or other organizations, including the organizations for orphan children and children without parental support;

Rules of the conclusion of the agreement on implementation of guardianship or custody concerning the minor ward;

Rules of creation of foster home and control of living conditions and education of child(children) in foster home;

Rules of implementation by guardianship and custody bodies of check of living conditions of minor wards, observance by guardians or custodians of the rights and legitimate interests of minor wards, ensuring safety of their property, and also accomplishment by guardians or custodians of requirements to implementation of the rights and to execution of the obligations;

Rules of maintaining personal records of minor wards;

report form of the guardian or custodian about storage, about use of property of the minor ward and about management of such property.

2. Recognize invalid:

the order of the Government of the Russian Federation of July 17, 1996 No. 829 "About foster home" (The Russian Federation Code, 1996, No. 31, the Art. 3721);

Item of 21 changes which are made to acts of the Government of the Russian Federation, approved by the order of the Government of the Russian Federation of February 1, 2005 No. 49 "About change and recognition voided some acts of the Government of the Russian Federation" (The Russian Federation Code, 2005, No. 7, the Art. 560);

Item of 5 changes which are made to acts of the Government of the Russian Federation of educational institutions in which study children with limited opportunities of health (are raised), approved by the order of the Government of the Russian Federation of August 18, 2008 No. 617 "About introduction of amendments to some acts of the Government of the Russian Federation of educational institutions in which study children with limited opportunities of health (are raised)" (The Russian Federation Code, 2008, No. 34, the Art. 3926).

Approved by the Order of the Government of the Russian Federation of May 18, 2009 No. 423

Rules of matching, accounting and training of the citizens who expressed desire to become guardians or custodians of minor citizens or to accept children without parental support, in family on education in other forms established by the family legislation of the Russian Federation

1. These rules establish procedure for matching, accounting and training of the citizens who expressed desire to become guardians or custodians of minor citizens or to accept children without parental support, in family on education in other forms established by the family legislation of the Russian Federation (to the daleegrazhdena, the minor citizens, and also terms of consideration of such documents by guardianship and custody bodies who expressed desire to become guardians), and the list of the documents submitted by them for the purpose of appointment them as guardians or custodians (further - guardians).

2. Matching, accounting and training of the citizens who expressed desire to become guardians are performed by guardianship and custody bodies.

Matching and training of the citizens who expressed desire to become guardians can be also carried out by the educational organizations, the medical organizations, the organizations rendering social services or other organizations, including the organizations for orphan children and children without parental support performing the specified powers of guardianship and custody bodies.

3. The guardianship and custody body through the official site of guardianship and custody body on the Internet and mass media informs citizens on opportunity to become guardians, procedure for establishment of guardianship (guardianship) and the children without parental support needing establishment of guardianship and custody over them (derivative information), and also conducts reception of citizens, expressed desire to become guardians.

4. The citizen who expressed desire to become the guardian submits to guardianship and custody body in the place of the residence the statement with request for appointment it as the guardian (further - the statement) in whom are specified:

surname, name, middle name (in the presence) the citizen who expressed desire to become the guardian;

data on identity documents of the citizen who expressed desire to become the guardian;

information about the citizens registered at the place of residence of the citizen who expressed desire to become the guardian;

the data confirming absence at the citizen of circumstances, the specified in paragraphs three and the fourth Item 1 of article 146 of the Family code of the Russian Federation;

data on the received pension, its type and the size (for persons whose main source of the income are insurance coverage for mandatory pension insurance or other retirement benefits).

The citizen who expressed desire to become the guardian confirms with the signature with putting down the dates of filing of application specified in it data and also awareness on responsibility for submission of the doubtful or distorted information in accordance with the legislation of the Russian Federation.

The following documents are enclosed to the application:

the short autobiography of the citizen who expressed desire to become the guardian;

the reference of person which expressed desire to become the guardian, with indication of position and the size of the average salary for the last 12 months and (or) other document confirming the income of the specified person, or the reference of the spouse (spouse) of person which expressed desire to become the guardian, with indication of position and the size of the average salary for the last 12 months and (or) other document confirming the income of the spouse (spouse) of the specified person;

the conclusion about results of medical examination of the citizens intending to adopt (to adopt), take under guardianship (guardianship) in foster or foster home of orphan children and children without parental support, drawn up according to the procedure, established by the Ministry of Health of the Russian Federation;

the copy of the marriage certficate (if the citizen who expressed desire to become the guardian is married);

written consent of full age family members taking into account opinion of the children who reached 10-year age, living together with the citizen who expressed desire to become the guardian, on acceptance of child(children) in family;

the copy of the certificate on passing of training of persons wishing to accept on education in the family the child, without parental support, in the territory of the Russian Federation according to the procedure, stipulated in Item the 6th article 127 of the Family code of the Russian Federation (except for close relatives of the child, and also persons who are or were adoptive parents and concerning whom adoption was not cancelled and persons who are or were guardians (custodians) of children and who were not discharged of execution of the obligations assigned to them). The form of the specified certificate affirms the Ministry of Public Education of the Russian Federation.

The documents specified in paragraph ten of this Item are valid within year from the date of issue, the documents specified in paragraph eleven of this Item are valid within 6 months from the date of issue.

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