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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of March 19, 2001 No. 195

About orphanage of family type

(as amended on 10-07-2020)

For the purpose of ensuring protection of the rights and interests of orphan children and children without parental support, the Government of the Russian Federation decides:

1. Approve the enclosed Rules of the organization of orphanage of family type.

2. Ceased to be valid according to the Order of the Government of the Russian Federation of 14.02.2013 No. 117

3. Ceased to be valid according to the Order of the Government of the Russian Federation of 11.05.2007 No. 283

Russian Prime Minister

M. Kasyanov

 

Approved by the Order of the Government of the Russian Federation of March 19, 2001 No. 195

Rules of the organization of orphanage of family type

1. These rules determine procedure for the organization of orphanage of family type.

The main objectives of orphanage of family type are creating favorable conditions for education, training, improvements and preparation for independent life of orphan children and children without parental support (further hereinafter are referred to as - children), in the conditions of family.

2. The orphanage of family type will be organized based on family in case of desire of both spouses to take on education at least 5 and no more than 10 children and taking into account opinion of all jointly the living family members, including the family and the adopted (adopted) children (and from 10-year age only from their consent).

The total quantity of children in orphanage of family type, including the family and the adopted (adopted) children who are in the registered scrap of spouses shall not exceed 12 people.

3. Persons cannot be organizers of orphanage of family type:

being in natural cognation with the children accepted on education;

the having diseases in the presence of which it is impossible to take children on education;

deprived of the parent rights or limited by court in the parent rights;

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

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

being the former adoptive parents if adoption is cancelled by court on their fault.

4. The orphanage of family type of educational organization is created, will be reorganized and liquidated according to the decision of executive body of the subject of the Russian Federation or local government body.

Paragraph two of ceased to be valid according to the Order of the Government of the Russian Federation of 24.12.2014 No. 1469

5. The founder (founders) creates orphanage of family type in the presence of the corresponding statement of the spouses wishing to take on education of children, and the conclusion of guardianship and custody body about possibility of spouses to be tutors and to take on education of children, taking into account provisions of Item 2 of these rules.

6. Spouses for receipt of the conclusion about opportunity to be tutors and to take on education of children submit to guardianship and custody body in the place of the residence the corresponding statement and submit the following documents:

a) the copies of the education document certified in accordance with the established procedure, about education and about qualifications and marriage certficates;

b) the medical certificate of the medical organization about the state of health which is drawn up according to the procedure, established by the Ministry of Health of the Russian Federation;

c) the statement from the service record and (or) data on labor activity, the stipulated in Article 66.1 Labor Code of the Russian Federation;

d) the passport, and in cases, stipulated by the legislation the Russian Federation, the document replacing it.

Preference is given to the spouses having experience of education of children, works in the children's social, and also educational and medical organizations, being adoptive parents or guardians (custodians).

The conclusion is constituted by guardianship and custody body based on the statement and documents attached to it, and also the act of inspection of living conditions of spouses within one month from the date of filing of application.

The negative conclusion is carried to applicants in 10-day time from the date of decision making. At the same time to applicants all documents return. The conclusion can be appealed in the procedure established by the legislation of the Russian Federation.

7. The guardianship and custody body in the location of orphanage of family type exercises control of living conditions and education of children, protection of their rights and legitimate interests, and also provides training of persons wishing to take children on education.

8. Children aged from the birth up to 18 years are given to education to orphanage of family type. The term of stay of the child in orphanage of family type is determined in the agreement which is signed between guardianship and custody body at the place of residence (stay) of the child and orphanage of family type.

Transfer of the child on education in orphanage of family type is performed taking into account his opinion (and from 10-year age only from its consent) and with the consent of administration of the educational or medical organization, organization of social protection of the population or other similar organization in which it is, and also with the consent of tutors of this orphanage of family type for the purpose of ensuring psychological compatibility.

9. On the child transferred to orphanage of family type, guardianship and custody body or administration of the educational, medical organization, organizations of social protection of the population or other similar organization submits the following documents:

a) the decision of relevant organ of the executive authority of the subject of the Russian Federation or local government body on the direction of the child in orphanage of family type;

b) the direction in orphanage of family type issued by guardianship and custody body;

c) the certificate of birth of the child (original), and in case of its absence - the conclusion of medical examination certifying age of the child;

d) the statement from history of development of the child;

e) insurance policy of compulsory medical insurance;

e) the education document (for children of school age);

g) act of inspection of living conditions of the child;

h) the information about parents (the copy of the death certificate, sentence or the judgment, the certificate of disease, search of parents and other documents confirming absence of parents or impossibility of education of the children by them);

i) certificate of availability and location of brothers, sisters and other close relatives;

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