RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of November 16, 2016 No. 832

About features of social protection of the children separated from family who are not citizens of Ukraine

Cabinet of Ministers of Ukraine decides:

1. Approve the Order of interaction of state bodies and local government bodies in case of detection of the children separated from family who are not citizens of Ukraine which is applied.

2. Bring in the Procedure guardianship and custody bodies of the activities connected with protection of the rights of the child, No. 866 approved by the resolution of the Cabinet of Ministers of Ukraine of September 24, 2008 "Questions of the activities of guardianship and custody bodies connected with protection of the rights of the child" (The Official Bulletin of Ukraine, 2008, No. 76, Art. 2561; 2010, No. 86, Art. 3018; 2014, No. 93, Art. 2684; 2015, No. 64, Art. 2119; 2016, No. 56, the Art. 1942) changes which are applied.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of November 16, 2016, No. 832

Order of interaction of state bodies and local government bodies in case of detection of the children separated from family who are not citizens of Ukraine

General provisions

1. This Procedure determines the mechanism of interaction of state bodies and local government bodies during the work with the children separated from family who are foreigners or stateless persons and showed willingness personally or through other persons to receive the status of the refugee or person needing additional protection according to the Law of Ukraine "About the refugees and persons needing additional or temporary protection" (further - the children separated from family).

2. In this Procedure terms are used in the value given in the Laws of Ukraine "About the refugees and persons needing additional or temporary protection", "About child care", "About providing organization-legal conditions of social protection of the orphan children and children deprived of parent guardianship", "About bodies and services for children and special facilities for children" and "About social services".

3. Work of state bodies and local government bodies with the child separated from family is carried out with respect for the following principles:

1) ensuring protection of the rights and interests of the child;

2) non-admission of discrimination of children;

3) accounting of opinion of the child in case of the solution of the questions concerning his life;

4) ensuring confidentiality of information on the child.

4. In work with the children separated from family, executive bodies and local government bodies can cooperate with Representative office of Management of the High Commissioner of the United Nations for refugees and the international organizations taking into account the laws of Ukraine "About information" and "About personal data protection".

Identification of the children separated from family

5. In case of identification by the official of body of protection of frontier or group of sea protection of State frontier service at the check point (control Item) through frontier, the checkpoint of entrance departure, the controlled frontier area or exclusive (sea) economic zone of Ukraine the child separated from family, such official:

1) the possibility of filing of application about recognition by the refugee or person who needs additional protection, and procedure for such representation explains to the child taking into account its age and specific features in language clear to it with attraction in case of need the translator, including with use of means of the remote translation;

Notifies 2) on detection of the child separated from family, territorial authority of GMS and guardianship and custody body in the place of its detection;

3) draws up the statement of identification of the child separated from family, in triplicate in form according to appendix 1 (in the act of detection of the child separated from family data which contain in the available identity documents of the child are entered, in case of their absence data are entered according to the child and by results of its visual survey. In the act the data on the child received from other person which make sure the signature of such person can be entered);

4) provides within 24 hours transfer of the child separated from family, to representatives of guardianship and custody body and territorial authority of GMS about what the statement of acceptance transfer of the child separated from family, in triplicate in form according to appendix 2 is drawn up. Previously time and the place of transfer of the child separated from family is approved.

6. In case of identification of the child separated from family, representatives of other executive bodies, local government bodies, law enforcement agencies, the bodies and persons specified by legal entities and physical persons instantly report about such fact to territorial authority of GMS and guardianship and custody body in the place of detection of the child.

At the same time the representative of territorial authority of GMS in the presence of the representative of guardianship and custody body in the place of detection of the child:

explains to the child opportunity and procedure for filing of application about recognition by the refugee or person who needs additional protection, taking into account its age and specific features in language clear to it with involvement in case of need of the translator, including with use of means of the remote translation;

draws up the statement of detection of the child separated from family, in triplicate. The third copy of the specified act is not constituted if the child separated from family is found by physical persons or independently addressed to territorial authority of GMS or guardianship and custody body.

In the act of detection of the child separated from family data which contain in the available identity documents of the child are entered, in case of their absence data are entered according to the child and by results of its visual survey. In the act the data on the child received from other person which make sure the signature of such person can be entered.

7. The head of guardianship and custody body issues the power of attorney on representation of interests of the children separated from family on behalf of guardianship and custody body to the employee of service for children (further - the representative of service for children).

In case of receipt of the message on impossibility of implementation by the representative of service for children of actions for representation of interests of the child separated from family, the head of guardianship and custody body without delay issues the power of attorney to other employee of service for children.

8. In case of receipt of the message on detection of the child separated from family in cases, the stipulated in Item 6 presents About, the representative of service for children and the representative of territorial authority of GMS instantly leave to the place of detection of such child.

The temporary device of the child separated from family

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