It is registered
in the Ministry of Justice of Ukraine
September 20, 2012.
No. 1629/21941
of September 10, 2012 No. 995/557
About approval of the Regulations on orphanages and general education schools nursing homes for the orphan children and children deprived of parent guardianship
According to subitem 65.2 of Item 65 of the National plan of action for 2012 concerning the implementation of the Program of economic reforms for 2010-2014 "Prosperous society, competitive economy, the effective state" approved by the Presidential decree of Ukraine of March 12, 2012 No. 187, and for the purpose of providing the rights of the orphan children and children deprived of parent guardianship on proper conditions of accommodation, versatile development, education, receipt of certain education level, professional orientation, social adaptation and preparation them to independent life we ORDER:
1. Approve Regulations on orphanages and general education shkolakhinternata for the orphan children and children deprived of parent guardianship (further - the Provision) which is applied.
2. To department of general secondary and preschool education of the Ministry of Education and Science, youth and sport of Ukraine (O. Eresko) to provide provision of this order in the procedure established by the legislation on state registration in the Ministry of Justice of Ukraine.
3. Declare invalid the order of the Ministry of Education and Science of Ukraine, the Ministry of Ukraine for family, children and youth of September 21, 2004 No. 747/460 "About approval of the Regulations on orphanages and general education boarding schools for the orphan children and children deprived of parent guardianship", registered in the Ministry of Justice of Ukraine on October 07, 2004 for No. 1278/9877.
4. To impose control over the implementation of this order on deputy ministers according to distribution of obligations.
5. This order becomes effective from the date of its official publication.
|
Minister of Education and Science, youth and sport of Ukraine |
D. Tabachnyk |
|
The vice-Prime Minister of Ukraine - Minister of social policy of Ukraine |
S. Tigipko |
Approved by the Order of the Ministry of Education and Science, youth and sport of Ukraine, the Ministry of social policy of Ukraine of September 10, 2012 No. 995/557
1.1. Orphanages and general education boarding schools for the orphan children and children deprived of parent guardianship, all types and patterns of ownership (further - residential institutions), - educational institutions which provide to the orphan children and children deprived of parent guardianship, condition for accommodation, versatile development, education, education, professional orientation and preparation train children for independent life.
1.2. This Provision extends to all residential institutions and is developed for the purpose of settlement of activities of the ministries and others central and local executive bodies and local government bodies regarding content, training and education of the orphan children and children deprived of parent guardianship.
1.3. Residential institutions are created for the orphan children and children deprived of parent guardianship in whom they are of three years before receipt of basic or complete general secondary education, and in case of need - to age of majority.
At the same time the orphan children and children deprived of parent guardianship are in complete state dependence at the expense of means of the relevant budgets and others, not prohibited by the legislation, financing sources.
1.4. The main tasks of residential institutions are:
providing for the orphan children and children deprived of the parent guardianship, conditions of accommodation, training, education and development which is brought closer to family;
ensuring social protection, medico-psychology and pedagogical rehabilitation and social adaptation of pupils, taking into account the state of health, specific features of psychophysical development of pupils;
ensuring protection of the rights of the orphan children and children deprived of parent guardianship on proper conditions of accommodation, education, receipt of certain education level, professional orientation, social adaptation and preparation them to independent life and work;
forming of legal culture, universal values;
creation of conditions for preserving and support of related bonds of children;
assistance to arrangement of children in different forms of family education.
1.5. Residential institutions in the activities are guided by the Constitution of Ukraine, the Convention of the UN "About the child's rights", the Laws of Ukraine "About education", "About preschool education", "About general secondary education", "About child care", acts of the President of Ukraine and the Cabinet of Ministers of Ukraine, other legal acts in the fields of education and child cares, regulatory legal acts of the Ministry of Education and Science, youth and sport of Ukraine, the ministries and other central executive bodies, solutions of local executive bodies and local government bodies, this Provision and own charter.
1.6. Residential institution acts on the basis of the Charter which is developed on the basis of this provision, taking into account regulations on the corresponding types of residential institutions, affirms the founder (owner) in coordination with relevant organ of management of education and is registered local executive body according to the legislation.
1.7. Residential institution irrespective of type and pattern of ownership is legal entity, has separate balance, seal, stamp, forms with the name.
2.1. For the orphan children and children deprived of parent guardianship for the purpose of ensuring proper level of satisfaction of their vital and educational needs under conditions of their complete content at the expense of the founder, the owner, residential institutions of such types are created:
orphanage - educational institution which provides development, education, training and social adaptation of the orphan children and children deprived of parent guardianship, preschool and school age;
general education boarding school - the educational institution providing education, training and social adaptation of the orphan children and children deprived of parent guardianship;
specialized boarding school of I-III degrees - educational institution with profound studying of separate objects and rates that provides education, training and social adaptation of the gifted orphan children and children deprived of parent guardianship;
special general education boarding school of I-III degrees - educational institution for the orphan children and children deprived of parent guardianship who need correction of physical and (or) intellectual development;
general education sanatorium boarding school of I-III degrees - educational institution with the corresponding profile for the orphan children and children deprived of parent guardianship who need long-term treatment.
2.2. The type of residential institution is elected by the founder taking into account requirements and features of the region, material and staffing.
2.3. Creation, reorganization and liquidation of residential institutions, irrespective of type and pattern of ownership are carried out according to the procedure, established by the legislation.
2.4. Residential institutions can be the state, utility and private patterns of ownership.
2.5. Residential institutions of private pattern of ownership are subject to licensing according to requirements of the legislation.
2.6. For the purpose of early socialization of the orphan children and children deprived of parent guardianship, the children of preschool age living in orphanages visit preschool educational institutions, and children of school age - study in general education educational institutions of all types.
Pedagogical employees and heads of preschool and general education educational institutions which are visited by pupils of orphanages give appropriate assistance to pedagogical staff of orphanages in the organization of educational and educational work, attend classes in self-preparation, educational actions, give individual classes with pupils.
2.7. Pupils (pupils) of residential institutions can visit out-of-school teaching and educational institutions, houses of children's creativity, the station of young technicians, and so forth.
3.1. Picking of residential institutions by pupils (pupils) is performed by the Ministry of Education and Science, youth and sport of the Autonomous Republic, the Crimea, departments of education and sciences of the regional, Kiev and Sevastopol city public administrations, district and city departments of science and education of local public administrations, local government bodies, based on the decision of relevant organ of the executive authority at the place of residence (stay) of the child.
3.2. Picking of residential institutions is performed within calendar year. Transfer of pupils (pupils) from one residential institution is carried out to another since September 01 the next year passing on May 30.
3.3. Fullness of preschool groups, educational groups (classes) of residential institutions of the state and utility patterns of ownership, separation of classes into groups at lessons of separate objects are performed according to the order of the Ministry of Education and Science of Ukraine of February 20, 2002 No. 128 "About approval of Standard rates of fullness of groups of preschool educational institutions (day nursery gardens) of the compensating type, classes of special comprehensive schools (boarding schools), day-care centers and educational groups of general education educational institutions of all types and Procedure for separation of classes into groups at studying of separate objects in general education educational institutions", registered in the Ministry of Justice of Ukraine on March 06, 2002 for No. 229/6517.
In private residential institution fullness and separation of classes into groups are performed according to the decision of faculty meeting taking into account operating conditions of institution.
3.4. In residential institutions are accepted:
orphan children;
the children deprived of parent guardianship;
the children separated from family according to the Law of Ukraine "About the refugees and persons needing additional or temporary protection".
The orphan children and children deprived of parent guardianship, arranged in family forms of education (guardianship, care, foster homes, orphanages of family type) are not accepted in residential institutions.
3.5. Transfer of pupils (pupils) in specialized школуинтернат І - ІІІ degrees is carried out on competitive basis according to the Instruction about procedure for competitive acceptance of children (pupils, pupils) in gymnasiums, lyceums, kollegiuma, specialized schools (boarding schools) approved by the order of the Ministry of Education and Science of Ukraine of June 19, 2003 No. 389, of Ukraine registered in the Ministry of Justice on July 04, 2003 for No. 547/7868.
3.6. Pupils (pupils) who need correction of physical and (or) intellectual development and children who need long-term treatment are enlisted in special and sanatorium residential institutions in the procedure established by the legislation.
3.7. Children, members of one family (brothers and sisters), go to one residential institution, except for, when on medical indicators their education be performed separately.
3.8. Transfer of pupils (pupils) is carried out by the order of the director of this institution based on such documents to residential institution:
the direction (permits) of service for children in coordination with department of education based on the decision of executive body or local self-government at the place of residence (stay) of the child;
certificates of birth;
registration number of accounting card of the taxpayer (in the presence);
information about parents and close relatives of the child;
certificates of family composition or persons registered in premises, the house;
the documents confirming the property right of the child to the real estate (in case of availability);
belongings lists of the child;
copies of the decision of guardianship and custody bodies on establishment of guardianship over housing (property) of the child (in case of availability);
certificates of capture of the child on room accounting of persons needing improvement of housing conditions after achievement of 16-year age by it (in case of absence at the child of housing);
conclusions about the state of health, physical and intellectual development of the child;
data or education documents of the child (for children of school age);
the duplicate of accounting and statistical card of the orphan child and the child deprived of parent guardianship;
certificates of appointment and pension payment, the government public assistance, the alimony and so forth (in case of availability);
the savings book of the child or the agreement on opening of the account in organization of bank (in case of availability);
decisions of district, district public administrations, executive body in the cities of Kiev and Sevastopol of city, district council in the city on provision of the status of the orphan child or child deprived of parent guardianship.
3.9. In case of release or transition to other educational institution are issued to the pupil (pupil):
certificate of stay in residential institution;
education documents (for children of school age);
financial support according to the legislation;
certificate of birth; that who reached 16-year age, - the passport;
information about parents or close relatives;
the documents confirming the rights of pupils to property, living space which was previously occupied by them or their parents, the property certificate, the savings book, securities, the pension book, registration number of accounting card of the taxpayer and other documents, and so forth.
4.1. The operating mode of residential institution irrespective of subordination, type and pattern of ownership, is established by his founder (owner), approved by the relevant organization of the public sanitarnoepidemiologichesky service and relevant organ of management of education.
4.2. Food of pupils (pupils) in residential institutions irrespective of subordination and pattern of ownership will be organized on the regulations approved by the resolution of the Cabinet of Ministers of Ukraine of November 22, 2004 No. 1591 "About approval of regulations of food in educational and improving institutions".
Responsibility for catering services is conferred on the founder (owner) and the head of this institution.
4.3. Medical attendance of pupils (pupils) of residential institutions irrespective of subordination, type and pattern of ownership, is provided with local executive bodies and local government bodies and performed by health workers who enter into staff of these institutions, and health workers of treatment-and-prophylactic institutions, by the territorial principle.
Health care institutions together with health workers of residential institution twice a year free of charge perform medical examinations of all pupils (pupils), in case of need take them on dispensary accounting, perform permanent medical observation and timely treatment.
4.4. Control of the organization of medical, sanitary and hygienic and anti-epidemic actions, quality of food of pupils is assigned to the head of institution, relevant organs of management of education, health cares, territorial public sanitarnoepidemiologichesky services, and No. 1109 "About approval of the Provision about state sanitary and epidemiologic надзорев to Ukraine" is performed according to the resolution of the Cabinet of Ministers of Ukraine of June 22, 1999.
4.5. Material and financial provision of pupils (pupils) of residential institutions is performed on the regulations and standard rates established by the legislation.
Clothes objects, textile linen and goods of economic appointment, according to the regulations of material security approved by the order of the Ministry of Education and Science of Ukraine of November 17, 2003 No. 763, registered in the Ministry of Justice of Ukraine on January 12, 2004 for No. 27/8626 are issued to pupils (pupils) of residential institutions which were in them in complete state dependence in case of their employment.
Pupils (pupils) of residential institution receive funds for personal expenses which annual size shall constitute at least 1,5 of tax-free minimum of the income of citizens.
4.6. According to the procedure, established by Monmolodezhsport of Ukraine, the monthly card which grants the right to free pass in public urban (suburban) transport (except taxi), free visit of movie theaters, exhibitions, the museums, sports constructions is issued to pupils (pupils) of residential institutions.
4.7. Based on the written application of persons who systematically take part in education of the orphan children and children deprived of parent guardianship pupils (pupils) of residential institutions can leave accompanied by adults to relatives, acquaintances for festive (days off) days or during vacation according to the order of the director of residential institution under approval of service for children if it does not damage physical and mental health of children.
4.8. Pupils of technical training colleges and students of higher educational institutions - the former pupils (pupils) of residential institution during the vacation can be in the specified institution with free accommodation and food based on the decision which is made by the founder (owner) during approval of profit and loss budgets or changes to them.
5.1. Teaching and educational process in residential institution irrespective of its subordination, type and pattern of ownership, is performed according to the working curricula constituted on the basis of the standard curricula approved by Monmolodezhsport of Ukraine.
5.2. In the working curriculum of residential institution taking into account its type and profile of training variable part of state standards of education is concretized. Working curricula of the state and utility institutions affirm relevant organ of management of education, and private institution - the founder (owner) in coordination with relevant organ of management of education.
5.3 Residential institutions work according to the training programs, textbooks, benefits having the corresponding signature stamp of Monmolodezhsport of Ukraine and provide accomplishment of teaching and educational tasks at each step of training according to age features and natural capabilities of children.
5.4. Teaching and educational process for children of preschool age is performed according to the Law of Ukraine "About preschool education" and other regulatory legal acts.
Teaching and educational process for children of school age is performed according to the Regulations on general education educational institution approved by the resolution of the Cabinet of Ministers of Ukraine of August 27, 2010 No. 778, and Regulations on special comprehensive school (shkoleinternata) for children who need correction of physical and (or) intellectual development, the approved order of the Ministry of Education and Science of Ukraine of September 15, 2008 No. 852, registered in the Ministry of Justice of Ukraine of December 22, 2008 for No. 1219/15910.
5.5. The day regimen, the lesson schedule (lessons), are constituted taking into account type of residential institution, duration of stay of children in institution with observance of pedagogical and sanitary and hygienic requirements to the corresponding type of educational institution and affirm the decision of faculty meeting of institution and are approved with relevant organ of management of education and territorial office of the public sanitary and epidemiologic service. The operating mode and the class timetable shall provide evidence-based ratio of study, work and rest of pupils.
5.6. The administration of orphanage which pupils study in other preschool or general education educational institutions will organize teaching and educational work with such institutions based on the agreement.
5.7. Labor training of pupils (pupils) is performed on the principles of voluntariness in industrial practice workshops (for the technical and servicing work types), subsidiary farms, on uchebnoopytny sites, the parcels of land, on production, in organizations and the organizations with obligatory observance of safety rules, requirements of training programs, accounting of profile and type of residential institution, features of the region and requirements of the sanitary legislation.
6.1. Participants of teaching and educational process in residential institution are: pupils (pupils), heads, pedagogical, health workers, lawyers, librarians, other workers of institution.
6.2. Ensuring protection of the personal rights and interests of pupils (pupils) of residential institutions, provision of the practical help in the solution of questions of legal content are performed by the lawyer whose position is recommended to include in the staff list of institution according to the resolution of the Cabinet of Ministers of Ukraine of June 16, 1995 No. 433 "About improvement of material security of orphan children and children who were left without guardianship of parents".
6.3. Psychological maintenance of teaching and educational process in residential institutions is performed by the practical psychologist according to the legislation.
6.4. Pupils (pupils) have the right on:
the conditions of accommodation, training, education and development which are brought closer to family;
receipt of preschool, basic, complete general secondary and out-of-school education;
the medical and public assistance according to the legislation;
content at the expense of the relevant budgets in the state and utility educational institutions, at the expense of means of the owner (founder) - in private;
good high-quality nutrition;
preserving the related relations;
safe and harmless conditions of accommodation, education, training, work;
receipt of the qualified help in study, correction of psychophysical development;
improvement, rest, organized leisure during week-end, holidays and during vacation;
choice of forms of education, open classrooms, special courses, out-of-class occupations;
development of the creative capabilities and interests through participation in different types educational, scientific, scientific practical activities, conferences, the Olympic Games, exhibitions, tenders and so forth;
use industrial practice, scientific, material, cultural and sports, correctional and recovery and lechebno improving base of residential institution;
free expression of views, beliefs;
protection of the personal, housing and property rights;
protection against any forms of operation, mental, physical and other types of the violence from workers violating them the rights, honor and advantage;
participation in bodies of public self-government of residential institution.
6.5. Arrangement of the child in residential institution does not stop its right to the alimony, pensions and other social payments, and also to indemnification in connection with loss of the supporter.
6.6. Pupils (pupils) shall:
Fulfill requirements of the charter, internal rules and procedures of residential institution;
adhere to the legislation, moral, ethical standards;
follow the rules of personal hygiene;
seize knowledge, abilities, practical skills in volume of Basic component of preschool education, State standard of general secondary education, to increase general cultural level;
it is economical to treat personal property and property of residential institution;
respect honor and advantage of other pupils and workers of institution.
6.7. Pupils (pupils) can be adopted by citizens of Ukraine, foreigners, are transferred to education to guardians, custodians, equipped in foster homes, orphanages of family type according to the procedure, established by the legislation of Ukraine.
6.8. The founder (owner) of residential institution during vacation will organize rest and improvement of pupils in children's sanatoria, recreation and sports centers, camps of rest and so forth. Permits in the corresponding institutions for year are in the first place selected to children who need sanatorium treatment.
6.9. At them appropriate level of preparation the state guarantees to graduates of residential institutions on condition of availability preferential terms for receipt in the state and utility professionalnotekhnichesky, higher educational institutions of all levels of accreditation.
6.10. The rights, obligations and social guarantees of pedagogical and other workers of residential institutions, are determined by the legislation on education, work, health care, this Provision, the charter of educational institution, regulations of educational institution, the employment contract.
7.1. Body of public self-government of institution is general meeting (conference) of its collective which is convened at least once a year.
The procedure for convocation, powers, number, structure of general meeting (conference) of collective, are determined by the charter of institution and the collective agreement.
On general meeting (conference) hear the report of the director on implementation of management of institution, consider question of teaching and educational, methodical, economic and financial and economic activity of institution.
7.2. In institution according to the decision of general meeting (conference) council of institution which activities are regulated by its charter, and also popechitelny council, student's committee, methodical associations, the commissions, associations, the provision on which develops can be created and be effective and approves Monmolodezhsport of Ukraine.
Members of the board of trustees of institution are elected on general meeting (conference). The structure of the board of trustees is created of representatives of executive bodies, the companies, organizations, the organizations, educational institutions and certain citizens.
The board of trustees takes measures concerning strengthening of materialnotekhnichesky and educational and methodical base, attraction of additional sources of financing of institution, improvement of conditions for the organization of teaching and educational process, stimulation of creative activity of pedagogical workers.
7.3. Management of institution is performed by his director. The head of residential institution can be the citizen of Ukraine who has the higher pedagogical education at the level of the specialist or the master, the years of service of pedagogical work at least three years, successfully underwent certification of the managerial personnel of educational institutions according to the procedure, established by Monmolodezhsport of Ukraine.
7.4. The head of the state and utility residential institution is appointed to position and dismissed by relevant organ of management of education according to the legislation.
7.5. The head of private residential institution is appointed the founder (owner) in coordination with relevant organ of management of education.
7.6. Head of residential institution:
performs management of pedagogical collective, provides rational matching and distribution of personnel, creates necessary conditions for increase in professional and qualification level of workers;
creates the conditions of accommodation, training, education and development of pupils which are brought closer to family;
will organize teaching and educational process;
provides training of pupils of orphanage in preschool or general education educational institutions;
provides control over the implementation of curricula and programs, quality of knowledge acquisition, skills by pupils (pupils);
is responsible for observance of requirements of Basic component of preschool education, State standard of general secondary education;
creates necessary conditions for participation of pupils (pupils) in out-of-class and out-of-school work, carrying out educational work;
provides observance of requirements concerning child care, sanitarnogigiyenichesky and fire protection regulations, requirements of safe engineering;
disposes in accordance with the established procedure of property of institution and its means;
supports the initiatives concerning enhancement of training system and education, encouragement of creative searches, experienced and experimental work of teachers;
promotes involvement of scientists, cultures, members of the creative unions, employees of the companies, organizations, the organizations to teaching and educational process, management of student's associations for interests;
provides realization of the right of pupils (pupils) to protection against any forms of physical or mental abuse;
takes measures concerning prevention of the use by pupils (pupils) of alcohol, drugs and psychotropic substances, and also tobacco products;
issues orders and orders within the competence and controls their accomplishment;
annually reports on the work on general meeting (conference) of collective;
protects the personal, housing and property rights and interests of pupils (pupils);
provides organized release and promotes the subsequent arrangement of pupils (pupils);
controls observance of operating mode of institution, catering services and medical attendance of pupils (pupils), will organize improvement of children;
on behalf of residential institution signs agreements with legal entities and physical persons, represents it in all state bodies, at the companies, in organizations, public organizations.
7.7. The head of residential institution promotes arrangement детейсирот and the children deprived of parent guardianship to different forms of family education and fulfills duties of the guardian (custodian) for the period of content of the orphan child and the child deprived of parent guardianship in residential institution.
7.8. The head of institution is the chairman of the operating collegiate organ of management of institution pedagogical sovetapostoyanno.
8.1. The material and technical resources of institution include real estate, the parcels of land, communications, the equipment, vehicles, other material values which cost is displayed in balance.
8.2. Financial and economic activities of residential institution and use of material and technical resources are performed according to regulatory legal acts and the charter of residential institution.
8.3. The property assigned to the state or utility institution belongs to institution as operational management and cannot be withdrawn from it if other is not stipulated by the legislation.
8.4. Financing of residential institution is performed from state, regional budgets, the budget of the Autonomous Republic of Crimea, other sources which are not prohibited by the legislation on the basis of the estimate approved in the procedure established by the legislation.
8.5. Staff lists of the state, utility and private residential educational institutions affirm according to the procedure, established by the legislation.
8.6. Residential institution is located, as a rule, in the area, favorable for health, has the parcel of land, the planted trees and shrubs platform equipped for games and occupations of children on air, the rest area, the sports ground.
Residential institution shall have the necessary number of buildings, rooms and the equipment for the organization of teaching and educational process, accommodation of pupils, carrying out after-hour work, labor training and education and providing proper conditions for work of pedagogical, medical personnel and holding treatment-and-prophylactic actions.
In rooms the conditions which are brought closer to family shall be created: the rooms expected 1-3 persons, equipped with drawing room, kitchen where children can cook food.
8.7. For the purpose of receipt of profound knowledge of live organisms, forming of practical skills of the organization of nature protection work in residential institution the wildlife angle-piece can be created.
8.8. The parcels of land of residential institutions are transferred to them to permanent use according to the Land code of Ukraine.
8.9. Special and sanatorium boarding schools shall have the room for implementation of the correctional developing and medical and rehabilitation actions and other rooms determined in regulations on these types of educational institutions.
8.10. Residential institution for improvement of children can have the recreation facility, children's improving institution placed in the resort area.
8.11. Funds for expenses for implementation of social adaptation, carrying out family holidays, the organizations of cultural and mass work are provided in the estimate of residential institution.
8.12. The procedure for record keeping, financial accounting and the statistical reporting in residential institutions is performed according to the legislation.
8.13. Residential institution can perform international cooperation according to the procedure, established by the legislation of Ukraine.
9.1. Control of activities of residential institution irrespective of subordination, type and pattern of ownership, is performed for the purpose of ensuring realization of single state policy in the field of preschool, general secondary education and social legal protection of the orphan children and children deprived of parent guardianship.
9.2. The state control of activities of residential institutions of all types and patterns of ownership Monmolodezhsport of Ukraine, of Ukraine, the ministries and other central executive bodies to which sphere of management institutions, the State inspection of educational institutions in case of Monmolodezhsport of Ukraine, the Ministry of Education and Science of the Autonomous Republic of Crimea, local executive bodies and local government bodies belong perform Minsotspolitiki, and governing bodies of education are subordinated to them.
9.3. The main form of the state control of activities of residential institutions of all types and patterns of ownership is their state certification which is carried out according to the procedure, established by Monmolodezhsport of Ukraine.
9.4. Extraordinary certification is carried out, by way of exception, only according to Monmolodezhsport's decision of Ukraine and on representation of body of public self-government of institution or relevant organ of management of education.
9.5. During the period between certifications are performed (inspectorate) of residential institution for questions, connected with its financial and economic and teaching and educational activities.
|
Director of the department of general average and preschool education |
O. Eresko |
|
Director of the department of adoption and protection of the rights of the child |
P. Sausage |
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