ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of May 19, 2009 No. 432

About temporary transfer of the children who are in the organizations for orphan children and children without parental support to families of the citizens who are constantly living in the territory of the Russian Federation

According to article 155.2 of the Family code of the Russian Federation the Government of the Russian Federation decides:

1. Approve the enclosed Rules of temporary transfer of the children who are in the organizations for orphan children and children without parental support in families of the citizens who are constantly living in the territory of the Russian Federation.

2. To the Ministry of Education and Science of the Russian Federation to develop the application form about issue of the conclusion of guardianship and custody body about possibility of temporary transfer of child(children) to family, form of the act of inspection of living conditions of the citizen, form of the conclusion of guardianship and custody body about possibility of temporary transfer of child(children) to family and form of register of temporary transfer of children to families of citizens in a month.

Approved by the Order of the Government of the Russian Federation of May 19, 2009 No. 432

Rules of temporary transfer of the children who are in the organizations for orphan children and children without parental support in families of the citizens who are constantly living in the territory of the Russian Federation

1. These rules determine procedure and conditions of temporary transfer of the children who are in the organizations for orphan children and children without parental support (further - children), in families of the full age citizens who are constantly living in the territory of the Russian Federation (further - citizens), and also requirements to citizens.

2. The organizations for the orphan children and children without parental support having the right to perform temporary transfer of children to families of citizens (for vacation, output or non-working holidays and in other cases). Temporary transfer of children to families of citizens is not form of the device of the child in family and is performed for the benefit of children for the purpose of ensuring their education and harmonious development.

3. Temporary transfer of children to families of citizens does not stop the rights and obligations of the organization for orphan children and children without parental support, on content, education and education of children, and also protection of their rights and legitimate interests.

4. The term of temporary stay of child(children) in family of the citizen cannot exceed 3 months.

In the presence of documentary confirmed exceptional circumstances (departure within the territory of the Russian Federation, vacation, passing of course of treatment and other cases) the term of temporary stay of child(children) in family of the citizen can be increased by rest from written consent of guardianship and custody body in the organization location for orphan children and children without parental support if such increase in term does not violate the rights and legitimate interests of child(children). At the same time the continuous term of temporary stay of child(children) in family of the citizen cannot exceed 6 months.

Duration, the periods and specific terms (within year) stay of child(children) in family of the citizen are determined by the organization for orphan children and children without parental support, in coordination with the citizen taking into account providing continuity of training processes, treatment or rehabilitation (social, medical, psychological, pedagogical) child(children).

5. The age from which temporary transfer of child(children) to families of citizens is possible is determined by the organization for orphan children and children without parental support, proceeding from interests and needs of specific child(children).

When matching family of the citizen for the specific child, determination of duration of the periods and terms of its stay in family the child's wish is considered.

Identification of wish of the child in the form of written poll is carried out taking into account age and development of the child by the employee of the organization for orphan children and children without parental support (the tutor, the social teacher, the psychologist), in the situation excluding influence on the child of interested persons. The survey result is fixed by the specified employee and stored in the personal record of the child.

Wishes of the child able to write can be written to them personally.

Accounting of wish of the child who reached 10 years is obligatory, except as specified, when it contradicts its interests.

6. The children who are brothers and sisters, being in one organization for orphan children and children without parental support are temporarily given to the citizen's family together, except as specified, when on medical indications or at the request of children it is impossible.

7. Providing with food or monetary compensation on their acquisition of the children who are in the organizations for orphan children and children without parental support (except the federal organizations for orphan children and children without parental support), by temporary transfer to families of citizens is performed according to regulatory legal acts of subjects of the Russian Federation.

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