ORDER OF THE MINISTER OF EDUCATION AND SCIENCE OF THE REPUBLIC OF KAZAKHSTAN

of January 16, 2015 No. 14

About approval of the Regulations on foster education

According to Item 3 of article 133 of the Code of the Republic of Kazakhstan of December 26, 2011 "About scrap (matrimony) and family" PRIKAZYVAYU:

1. Approve the enclosed Regulations on foster education.

2. To committee on protection of the rights of children of the Ministry of Education and Science of the Republic of Kazakhstan () provide Orazaliyev Z.:

1) in accordance with the established procedure state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction on official publication in periodic printing editions and information system of law of Ad_let;

3) placement of this order on official Internet resource of the Ministry of Education and Science of the Republic of Kazakhstan.

3. To impose control of execution of this order on the vice-Minister of Education and Science of the Republic of Kazakhstan E. N. Imangaliyev.

4. This order becomes effective after ten calendar days after its first official publication.

Approved by the Order of the Minister of Education and Science of the Republic of Kazakhstan of January 16, 2015 No. 14

Regulations on foster education

1. General provisions

1. This Regulations on foster education (further - the Provision) are developed according to the Code of the Republic of Kazakhstan of December 26, 2011 "About scrap (matrimony) and family" (further - the Code).

2. Guardianship or custody in the form of patronage is established over the minor orphan children and children without parental support (further - child(children)) including who are in the organization of education, medical or other organization, the minor children suspected of making of criminal offense.

3. In this Provision the following concepts are used:

1) close relatives are parents (parent), children, adoptive parents (adopters), the adopted (adopted), full and not full brothers and sisters, the grandfather, the grandmother, grandsons;

2) the foster tutor – person to whom the body performing functions on guardianship or custody (further – body), transfers to education child(children) including who is in the organization of education, medical or other organization, the child suspected of crime execution based on the contract on transfer of child(children) for foster education (further – the agreement);

3) relatives – the persons who are in family relation, having general ancestors to the great-grandfather and the great-grandmother.

4. Child(children) who is not under guardianship (guardianship), except for the child of the criminal offense suspected of making is given to foster education.

5. Total number of the children transferred to education to the foster tutor makes no more than three children, except as specified, connected with children from one family.

6. Transfer of child(children) on foster education is performed proceeding from interests of child(children) for ensuring family education.

7. The body exercises control of conditions of keeping, education and training of child(children), analyzes activities of foster tutors.

2. The organization of transfer of children on foster education

8. Matching of foster tutors is performed by bodies.

9. Foster tutors are full age persons, except for the following persons:

1) persons recognized by court incapacitated or it is limited by capable;

2) persons deprived by court of the parent rights or limited by court in the parent rights;

3) discharged of obligations of the guardian or custodian for improper execution of the obligations assigned to it by the law of the Republic of Kazakhstan;

4) the former adoptive parents if adoption is cancelled by court on their fault;

5) persons who for health reasons cannot perform obligations of the guardian or the custodian;

6) persons which do not have the permanent residence;

7) persons having the outstanding or not removed criminal record for making of intentional crime at the time of establishment of guardianship (guardianship) and also persons specified in the subitem 12) of this Item;

8) stateless persons;

9) the males who are not consisting in the registered scrap (matrimony), except as specified the actual education of the child at least three years in connection with the death of mother or deprivation of its parent rights;

10) persons who at the time of establishment of guardianship or custody have no the income providing to the ward the subsistence minimum established by the legislation of the Republic of Kazakhstan;

11) the faces consisting on accounting in narcological or psychoneurological dispensaries;

12) the persons having or having criminal record, which are exposed or being exposed to criminal prosecution (except for persons concerning whom criminal prosecution is stopped based on subitems 1) and 2) of part one of Article 35 of the Code of penal procedure of the Republic of Kazakhstan) for criminal offenses: murder, intentional damnification to health, against health of the population and morality, sexual integrity, for extremist or terrorist crimes, human trafficking;

13) the citizens of the Republic of Kazakhstan who are constantly living in the territory of the Republic of Kazakhstan, did not have psychological training according to the procedure, stipulated in Item 4 articles 91 of the Code (except for close relatives of the child).

10. Person which expressed desire to take child(children) on foster education provides the following documents in body:

1) the statement for desire to become the foster tutor (further – the statement), in form according to appendix 1 to this Provision;

2) the identity document (for identification of the personality);

3) the consent of the spouse(s) if person who showed willingness to become the foster tutor is married;

4) the copy of the certificate on marriage if is married;

5) the copy of documents, the confirming property right or right to use by the dwelling;

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