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

of October 7, 2016 No. 597

About approval of the Regulations on foster home

(as amended of the Order of the Minister of Education and Science of the Republic of Kazakhstan of 05.06.2019 No. 256)

According to Item 2 of article 132-1 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 home.

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 ten calendar 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 introduction 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 Asylova B. A.

4. This order becomes effective since January 1, 2017.

Minister of Education and Science of the Republic of Kazakhstan

E.Sagadiyev

It is approved

Minister of health and social development of the Republic of Kazakhstan

_______________ T. Duysenova

 

October 14, 2016

Approved by the Order of the Minister of Education and Science of the Republic of Kazakhstan of October 7, 2016 No. 597

Regulations on foster home

Chapter 1. General provisions

1. This Regulations on foster home (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. In this Provision the following basic concepts are used:

1) legal representatives of the child are parents (parent), adoptive parents (adopters), the guardian or the custodian, the adoptive parent (adoptive parents), the foster tutor and other persons replacing them performing care, education, education, protection of the rights and interests of the child according to the legislation of the Republic of Kazakhstan;

2) foster home - device form in the family which accepted on education at least four and no more than ten orphan children, the children without parental support who are in the organizations of education for orphan children, children without parental support;

3) republican databank of orphan children, children without parental support, and persons wishing to accept children on education in the families (further - the Republican databank) - the database containing 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. Procedure for the organization of foster homes

3. Transfer of child(children) to foster home 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.

4. Persons who showed willingness to take children in foster home provide in the bodies performing functions of the state on guardianship or custody in the place of the residence (further - Body) the following documents:

1) the statement in form according to appendix 1 to this Provision;

2) copies of identity documents (with presentation of the original);

3) copy of the certificate on marriage;

4) the health declarations of person, the spouse(s) confirming absence of diseases according to the subitem 6) of Item 2 of article 91 of the Code, and also the certificate of lack of data on condition on accounting in narcological and psychiatric dispensaries in the form approved by the order of the acting minister of health care of the Republic of Kazakhstan of November 23, 2010 No. 907 "About approval of forms of primary medical documentation of the organizations of health care" (it is registered in the Register of state registration of regulatory legal acts for No. 6697) (further - the order No. 907);

5) the certificate of availability or lack of data on accounting of Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan on crime committing by person;

6) the copy of the document confirming the property right to the dwelling or right to use by the dwelling (lease agreement);

7) the copy of the agreement on opening of the current account in bank of the second level.

5. Only full age persons, except for can be adoptive parents:

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

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

3) the obligations of the guardian (custodian), foster tutor discharged of accomplishment for improper execution of the assigned obligations;

4) the former adoptive parents if adoption is cancelled 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 registration of the child in foster home;

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;

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