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

of June 28, 2016 No. 402

About approval of the Regulations on guest family

According to article 137-1 of the Code of the Republic of Kazakhstan "About scrap (matrimony) and family" PRIKAZYVAYU:

1. Approve the enclosed Regulations on guest family.

2. (Abdykarim M. S.) in the procedure established by the legislation to provide to committee on protection of the rights of children of the Ministry of Education and Science of the Republic of Kazakhstan:

1) 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 the direction of copies of this order for official publication in information system of law of Ad_let and periodic printing editions on the electronic medium with appendix of the paper copy certified by official stamp;

3) within five working days from the date of receipt of the registered this order the direction it the copy in printing and electronic type, the confirmed seal of the Ministry of Education and Science of the Republic of Kazakhstan and the witnessed digital signature of person, representative to sign this order, for entering into Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

4) placement of this order on Internet resource of the Ministry of Education and Science of the Republic of Kazakhstan;

5) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service and international cooperation of the Ministry of Education and Science of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of this Item.

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

4. This order becomes effective after ten calendar days after its first official publication, except for Items 5, of 11, of 12, 13 and the subitem 5 of Item 17, which become effective since January 1, 2017.

Approved by the Order of the Minister of Education and Science of the Republic of Kazakhstan of June 28, 2016 No. 402

Regulations on guest family

Chapter 1. General provisions

1. This Regulations on guest family (further – the Provision) are developed according to the Code of the Republic of Kazakhstan "About scrap (matrimony) and family" (further – the Code).

2. In this Provision the following concepts are used:

1) guest family – the family which temporarily accepted on education of orphan children, the children without parental support who are in the organizations of all types (educational, medical and others) (further – the organization), during the periods which are not connected with educational process (vacation, days off and holidays);

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

For children of preschool age stay terms in guest family are determined by departments of education of areas, cities of republican value and the capital, the departments of formation of areas, cities of regional value performing functions of the state on guardianship and custody (further – body) as agreed by the parties, but do not exceed one month.

For children of school age stay terms in guest family are determined by body as agreed by the parties, during the periods which are not connected with educational process (vacation, days off and holidays).

3. The basis of transfer of the child to guest family is the agreement on transfer of child(children) to guest family (further – the agreement), in form according to appendix 1 to this Provision, concluded between persons wishing to accept child(children) in guest family, the organization where there is child(children) and body for the residence of the child.

4. Payment of money on content of child(children) and compensation of persons which accepted child(children) in guest family is not made.

5. Transfer of child(children) to guest family is performed in families of the citizens of the Republic of Kazakhstan who are constantly living in the territory of the Republic of Kazakhstan on condition of registration in the Republican databank of orphan children, children without parental support, and persons wishing to accept children on education in the families (further - the Republican databank).

6. The Republican databank contains the information about orphan children, children without parental support, and also about persons wishing to accept orphan children, children without parental support on education in the families.

Chapter 2. Organization of transfer of children to guest family

7. Matching of persons wishing to accept child(children) in guest family is performed by bodies.

8. In guest family only full age persons, except for accept child(children):

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 having the outstanding or not removed criminal record for making of intentional crime at the time of registration of the child in guest family;

7) 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;

8) persons which do not have the permanent residence;

9) stateless persons;

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