A group of senators submitted to the state Duma a package of bills that reduce the list of grounds for removal of children from the family and providing for such a possibility only on the basis of the court decision on deprivation or restriction of parental rights. About this TASS said Tuesday one of the authors of the initiatives, the head of temporary Commission of the Federation Council on preparation of proposals for improving the provisions of the Family code Elena Mizulina.
"the Bill provides that the child (forced separation from parents) will be carried out only when the guilty behaviour of parents on the basis of a legally effective court decision about deprivation of parental rights or about restriction of a judicial bailiff-executor with the participation of the guardianship and a person who is transferred to a child", – said Mizulina.
According to her, the bill also establishes an exhaustive list of 11 grounds for recognizing the child left without parental care, as well as the exact list of documents confirming these grounds.
The bill specifies that termination of parental rights is an extreme measure of family-legal responsibility of the parents. It is allowed only on two grounds – the entry into force of a guilty verdict, the act of the court or the investigator (the investigator) on the termination of criminal proceedings on non-rehabilitating grounds in respect of the parent committed an intentional crime against life or health or against sexual inviolability and sexual freedom of their children, the second parent, spouse against the life or health of another family member and after a set of court-period of limitation of parental rights, if prior to the expiry of such period the court decides on cancellation of the restriction of parental rights and the return of the child to the parent or the extension of the restriction of parental rights.
In addition, it establishes that the restriction of parental rights will not apply to parents in case of absence on their part of guilt, such as the disease. "this measure is associated with removal of a child, but you can still contact the parent with the child, if the court is not expressly forbidden is communication in its decision. The amount of restriction of parental rights set by court. In case of restriction of parental rights in connection with chronic alcoholism, confirmed by a medical document, the court may order the parent to undergo treatment from alcoholism, subject to the corresponding duty parent will be able to restore parental rights", – said the Senator.
Work of bodies of guardianship
The amendments also expressly prohibit the entry of the guardianship in the housing without the consent of tenants.
"the Bill directly request��set the entry of the guardianship authorities in the housing to check conditions of residence of the child, the fact of the absence of his parents without the consent of tenants", – said Mizulina.
According to her, the package included three bills. The main bill – on amendments to the Family code contains 112 amendments to 69 of 170 articles of the code, complements it with two new chapters and 27 new articles.
The package of bills also contains amendments to 10 laws. For example, it clarifies provisions of the law on principles of prevention of neglect and offenses of minors in order to reduce cases of interference in the family, in particular, refers to the list and specifying the grounds for recognition of the children being in socially dangerous position. "the Bill will protect families from unwarranted invasion of the officials and guarantee the constitutional right of parents to educate their children", – said the Senator.
Adoptions by relatives
The package of bills also prohibits the custody to deny a child is adopted by relatives because of low income or poor living conditions.
"the Bill prohibits guardianship to refuse transfer of the child to the care of his relatives based on: lack of sufficient income; unsuitability of their premises sanitary and technical regulations and standards; whether they have dependent disabled persons if living together with them is not dangerous for life or health of the child", – said Mizulina.
According to her, the bill consistently provides the right of the child in all cases when he is left without parents, to the device in families of relatives and preservation of the family environment.
In addition, the bill provides the unity of terminology and introduces the Family code of the concept of "family" and "parents". "According to the bill, parents are the only blood father and mother. Thus, the bill revives the traditional value of kinship relationships", – said Mizulina.
Device brothers and sisters
The package of bills also ensures sharing device brothers and sisters, left without parental care.
"the Bill introduces a tough and guaranteed sharing device brothers and sisters, left without parental care. Transfer of brothers and sisters under guardianship (trusteeship) of different persons is not allowed. The guardianship and guardianship body can deviate from this provision only if the children are unable to live and grow up together for health and the placement of a child under guardianship (guardianship) separately from brothers and sisters is in their interests", – said Mizulina.
She explained that when making tacos��about decisions, the guardianship and guardianship body is obliged to consider relevant circumstances, including whether children are aware about their relationship, living together or not, are in the organization for children left without parental care or living in a family (families).
"children have a right to know about the place of residence of their brothers and sisters and chat with them", – said the Senator.
The involvement of relatives to educate
Amendments guarantee the right of parents to be involved in raising children of relatives without issuing their credentials.
"the Bill guarantees the right of parents to be involved in raising children of relatives without special documenting their credentials. It will be impossible to remove a child from my grandmother, who has no power of attorney from parents", – said Mizulina.
In addition, the bill provides possibility of registration of guardianship and curatorship at the request of parents in cases where they are for valid reasons are unable to exercise their parental rights, e.g. due to a long trip or illness associated with the need to stay in hospital.
"the guardianship is not entitled to refuse the appointment of the person, which will determine the parents", – said Mizulina.
The Family code also proposes to include a new Chapter on interim measures of protection of the child when the parents cannot exercise their responsibilities.
"the Bill is coercive, cruel to the child the mechanism of confiscation of the parents in cases widely interpreted in practice "immediate threat to life or health" in the Family code includes a new Chapter on interim measures of protection of the child in situations when parents are temporarily unable to perform his duties, for example, during the arrest of a parent or if the emergency hospitalization of a parent who is unconscious", – said Mizulina.
According to her, the list of cases in which interim measures are applied is exhaustive. "In such situations, the child is transferred to relatives or other close persons to the child in the absence of parents. And only when this is not possible, to a specialized Agency, which is obliged to immediately return the child to parents on their first request. The police have the obligation to facilitate the return of child to parents", – said the Senator.
She added that to implement interim measures of protection will be those authorized persons who work in a given situation. For example, physicians, ensuring the evacuation of a parent who is unconscious, will have to give the child to relatives. If the child was 10 years old, ��be will be considered his opinion.
"in addition, for the first time provides for the possibility of a joint device in a social service organisation child together with person providing temporary protection, only at the request of the specified person", – said Mizulina.