of March 16, 2017 No. 148
Some questions of implementation of patronage over the child
According to Article part seven 252, the Cabinet of Ministers of Ukraine decides parts one of Article 253 and part one of article 256 of the Family code of Ukraine:
1. Approve enclosed:
The standard agreement about patronage over the child;
2. Bring in Procedure Item 31 guardianship and custody bodies of the activities connected with protection of the rights of the child approved by the resolution of the Cabinet of Ministers of Ukraine of September 24, 2008 No. 866 "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, No. 93, the Art. 3041), changes which are applied.
3. Recommend to local government bodies under the organization of provision of service in patronage over the child to be guided by this resolution.
Prime Minister of Ukraine
V. Groysman
Approved by the Resolution of the Cabinet of Ministers of Ukraine of March 16, 2017, No. 148
1. This Procedure determines the mechanism of creation and the organization of activities of family of the foster tutor, devices, stay of the child in such family.
Patronage over the child is temporary leaving, education and rehabilitation of the child in family of the foster tutor for overcoming by the child, his parents or other legal representatives of difficult vital circumstances.
The patronage purpose over the child is ensuring protection of the rights of the child who because of difficult vital circumstances cannot temporarily live together with parents / legal representatives, provisions to it and his family of the services directed to return to family according to the best interests of the child.
2. In this Procedure terms are used in the value given in the Family code of Ukraine, the Laws of Ukraine "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", "About social services", "About social work with families, children and youth".
3. District, district in Kiev and Sevastopol the state administrations, executive bodies of city councils taking into account the needs of the population of the corresponding administrative and territorial unit for social services make the decision (order) on introduction of service in patronage over the child who determines the organization or organization to which functions on the organization of provision of such service will be assigned (further - social institution).
The city, district, district center of social services in the city for family, children and youth, the center of social support of children and families, other institution, organization or the organization, irrespective of pattern of ownership which provides social services to children and families with children (except social service of stationary leaving) can be social organization.
4. Social institution performs actions for search of candidates for foster tutors, their primary selection, assistance in passing by such candidates of training, inspects conditions of accommodation of their families, carries out assessment of needs of the child and his family, provides social services to the child's family, prepares recommendations of feasibility or inexpediency of return of the child to the family by results of work with family.
5. Search of candidates for foster tutors is carried out by information campaigns, interviews and consultations with persons wishing to fulfill duties of the foster tutor.
6. Primary candidate screen in foster tutors is made by social institution together with service for children district, district in Kiev and Sevastopol the state administrations, executive body city, district in the city (in case of its education), village, settlement council combined (further - services for children) according to requirements of this Procedure based on the analysis of the documents submitted by candidates for foster tutors and the inspection of conditions of their accommodation which is carried out by social organization together with service for children by results of which the statement in form according to appendix 9 to the Procedure by guardianship and custody bodies of the activities connected with protection of the rights of the child, to 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, is drawn up 2008, No. 76, Art. 2561).
If in family of the candidate for foster tutors there are children, social institution carries out assessment of needs of the child and his family in the form established by Minsotspolitiki.
7. The citizen of Ukraine who has experience of education of the child, the corresponding housing conditions for provision of services on leaving, education and rehabilitation of the child in the house can be the foster tutor.
Person specified in article 212 of the Family code of Ukraine can be the foster tutor.
8. The candidate for foster tutors submits to social institution at the place of residence the following documents:
1) statement;
2) passport copy of the citizen of Ukraine;
3) copy of the service record (in the presence);
4) the conclusions about the state of health of the candidate for foster tutors and the persons living together with it, constituted in form according to appendix 5 to the Procedure by guardianship and custody bodies of the activities connected with protection of the rights of the child, to No. 866 approved by the resolution of the Cabinet of Ministers of Ukraine of September 24, 2008;
5) the certificate of lack of criminal record, including the members of his family who reached fourteen-year age and living together with the candidate for foster tutors;
6) the copy of the document confirming the property right or uses of premises;
7) the written consent to the child's device in family of the candidate for foster tutors of all members of his family living together with it, including children who reached such age and the level of development that can express it.
9. The candidate for foster tutors who underwent primary selection together with the full age member of the family who will participate in provision of service of patronage over the child (the husband or the wife of the candidate for the foster tutors, the full age daughter or the son living together with the candidate - under approval), according to the petition of social organization undergoes compulsory education according to the program approved by Minsotspolitiki.
Training of candidates for foster tutors and the members of their family participating in provision of service in patronage over the child will organize and carries out the regional, Kiev and Sevastopol city center of social services for family, children and youth (further - the regional center).
By results of training the regional center issues to the candidate for foster tutors and the member of his family the certificate of training and in case of its successful passing - the recommendation of possibility of provision of service in patronage over the child.
10. The guardianship and custody body within a month in the presence of the recommendation of possibility of provision of service in patronage over the child signs with the candidate for foster tutors the service provision agreement on patronage over the child.
11. Obligations, the rights and responsibility of the foster tutor during stay of the child in his family are determined by the agreement on patronage over the child whose standard form is approved by the resolution of the Cabinet of Ministers of Ukraine of March 16, 2017 No. 148.
12. The foster tutor and persons who live together with it at least undergo once a year obligatory physical examination which is confirmed by the conclusion about the state of health.
13. The regional center for the direction of social organization provides advanced training of the foster tutor at least once in two years according to the program approved by Minsotspolitiki.
Journey of candidates for foster tutors and members of their families, accommodation at time of training and advanced training are financed by means of the organizations, charity foundations, other sources which are not prohibited by the legislation, or at own expense.
14. The decision on the device in family of the foster tutor of the child is made by guardianship and custody body at the place of residence or detection of the child by results of consideration of question on commission session concerning protection of the rights of the child based on provided by service for children of the documents proving feasibility of such device.
The question of the device in family of the foster tutor of the child with the consent of his parents / legal representatives is considered based on the following documents:
the conclusions of social organization by results of assessment of needs of the child and his family;
the consent of parents / legal representatives of the child on its temporary device in family of the foster tutor in connection with difficult vital circumstances in which it is. If mother or the father of the child are minors, except their consent to the child's device in family of the foster tutor, the consent of their parents / legal representatives is necessary;
written consent of the child (in case he reached such age and the level of development that can express it).
The question of the device in family of the foster tutor of the child without the consent of his parents / legal representatives is considered based on the following documents:
decisions on immediate confiscation of the child according to Procedure Item 8 guardianship and custody bodies of the activities connected with protection of the rights of the child approved by the resolution of the Cabinet of Ministers of Ukraine of September 24, 2008 No. 866;
the act of the thrown or found child; the child whom parents (mother or the father), other relatives or legal representatives refused to take away from maternity hospital, other healthcare institution, in case of lack of data on the place of stay of parents / legal representatives, and also availability of direct threat of life or to health of the child;
the act of evaluating level of safety of the child in form according to appendix 10 to the Procedure by guardianship and custody bodies of the activities connected with protection of the rights of the child, to No. approved by the resolution of the Cabinet of Ministers of Ukraine of September 24, 2008 866, or estimates of needs of the child and his family that confirms need of the device in family of the foster tutor of the child, in the form established by Minsotspolitiki.
15. By consideration by the commission on questions of protection of the rights of the child of question of the device in family of the foster tutor of the child with disability with defeat of the musculoskeletal device, violation of sight, hearing availability of housing of the foster tutor to such child, and also readiness of the foster tutor to perform patronage over such child surely is taken into account.
In case of the device in family of the foster tutor of the child with disability the district state administration (the executive committee city, district in the city (in case of its creation), village, settlement council) takes measures to adaptation of premises of the foster tutor to needs of the child taking into account his specific features, including providing easy access to the building according to requirements of the legislation.
16. After decision making about the child's device by the guardianship and custody body not later than in five working days with the foster tutor signs the agreement on patronage over the child.
Parents / legal representatives of the child is the party of the specified agreement in case of the child's device from their consent.
Parents / legal representatives of the child transfer to service for children the copy of the certificate of birth of the child, the medical record of the child (in the presence), other documents necessary for requirements satisfaction of the child (the medical certificates and the conclusions, documents confirming the educational level of the child, etc.).
17. The child who was left without parent guardianship and requires the immediate device, can be arranged in family of the foster tutor based on the order of service for children and the act of the fact of transfer of the child. The decision on patronage over the child is made by guardianship and custody body within five working days after the date of transmission of the child.
18. Transfer of the child to family of the foster tutor is performed by the employee of service for children. The statement of the fact of transfer of the child is drawn up in form according to appendix 2 to the Procedure by guardianship and custody bodies of the activities connected with protection of the rights of the child, to No. 866 approved by the resolution of the Cabinet of Ministers of Ukraine of September 24, 2008.
In family of the foster tutor only children who are brothers and sisters, or children who were raised in one family can be at the same time arranged.
19. The period between disposal of the child from family of the foster tutor and the device in his family of the following child shall not be less than seven calendar days. In case of need the urgent device of the child with the consent of the foster tutor this period can be reduced, but up to three at least calendar days.
20. The service for children transfers to the foster tutor to each child the following documents:
act of the fact of transfer of the child;
copy of the certificate of birth of the child (in the presence);
the decision on the device in family of the foster tutor of the child;
the agreement on patronage over the child/order of service for children (in case of the urgent device of the child);
the health declaration of the child at the time of its device in family of the foster tutor;
medical record of the child (in the presence);
copies of the medical certificate about the child with disability aged to 18 years, the individual program of rehabilitation of the handicapped child (in case of the child's device with disability);
the documents confirming the educational level of the child (in the presence).
Other documents which are available for the child, written recommendations concerning features of his education, leaving, treatment or rehabilitation, ensuring contacts of the child with his parents / by legal representatives, relatives, and also on other questions can be transferred to the foster tutor.
Absence at the child of the documents proving his identity is not obstacle for the device in family of the foster tutor.
21. During stay of the child in family of the foster tutor the magazine of observations in which the foster tutor enters information on the child (psychological and physical state, requirements, features of nature and behavior, achievement, difficulty and change which occur), overcoming difficult vital circumstances by it, contact with parents / legal representatives, relatives, in the presence of legal causes - with candidates for guardians/custodians, adoptive parents, parents tutors, adoptive parents, and also preparation for its return to family or change of form of the device is kept.
After disposal of the child from family of the foster tutor the magazine of observations is transferred to service for children.
22. For coordination of actions for ensuring the best interests of the child arranged in family of the foster tutor, and complex support in overcoming difficult vital circumstances by his parents / legal representatives the cross-disciplinary team which part foster tutors, employees of social organization and service for children surely are is made.
If the child has disability, in cross-disciplinary team the representative of rehabilitation or educational institution in which the individual program of rehabilitation of the child with disability is carried out is attracted.
23. Provision to the child of educational services, stationary and out-patient medical care is performed by the state and utility educational institutions and healthcare institutions for the residence of family of the foster tutor or for the place where he lived to the device in family of the foster tutor if it corresponds to its best interests.
24. Social maintenance of family of the child for the purpose of overcoming difficult vital circumstances which led to its device in family of the foster tutor performs social institution with involvement of other suppliers of social services in the procedure established by the legislation.
25. The service for children exercises control of conditions of keeping and education of the child, providing its rights and the best interests in family of the foster tutor.
26. The term of stay of the child in family of the foster tutor cannot exceed three months, is established by guardianship and custody body by results of assessment of level of safety or assessment of needs of the child and his family.
The guardianship and custody body in case of availability of the circumstances proving need and feasibility of stay of the child in family of the foster tutor of more specified term can make the decision on prolongation of term of stay of the child in family of the foster tutor no more than up to six months according to the conclusion of cross-disciplinary team.
27. The decision on disposal of the child from family of the foster tutor is made by guardianship and custody body by results of consideration of question by the commission on questions of protection of the rights of the child based on served service for the children and social organization of document package proving feasibility of such disposal.
The bases for decision making about disposal of the child are:
the statement of parents / legal representatives of the child and the conclusion of cross-disciplinary team about feasibility of return of the child to parents / to legal representatives as a result of overcoming or minimization of difficult vital circumstances by the child and his family;
the statement of the foster tutor for impossibility of rendering services in patronage over the child in the family owing to emergence of circumstances which make objectively impossible their accomplishment, or the copy of the death certificate of the foster tutor;
the decision on provision to the child of the status of the orphan child or the child deprived of parent guardianship and the judgment about adoption or purpose of guardianship, guardianship or the decision of guardianship and custody body on the child's device in seven citizens of Ukraine (under guardianship, guardianship, in foster home or orphanage of family type) or in child care facility, healthcare institution, educational or other institution;
improper execution by the foster tutor of obligations under the agreement on patronage over the child that can be confirmed:
- the examination of conditions of accommodation of the child in family of the foster tutor conducted by service for children according to the written message which arrived from educational institution, healthcare institution, social protection of the population, other structural division of local executive body and local government body, public organization, parents / legal representatives of the child or the address of the child;
- documentary certified data which arrived from bodies of National police, prosecutor's office and courts;
availability of other conditions provided by the agreement on patronage over the child.
The decision on disposal of the child from family of the foster tutor is made in case of achievement by the child of age of majority or its death.
In case of disposal of the child from family of the foster tutor in case of attainment of majority measures to determination of the place of further accommodation, income acquisition sources, establishing contacts with relatives who will give it support, and in case of need its social maintenance taking into account individual requirements and level of readiness for independent life are surely taken.
28. Transfer of the child to parents / to legal representatives is performed in the presence of the employee of service for children about what the statement of the fact of transfer of the child is drawn up.
During disposal of the child the foster tutor transfers him to parents / to legal representatives the following documents:
copy of the certificate of birth of the child (in the presence);
medical record of the child (in the presence);
the documents confirming the educational level of the child (in the presence);
the medical certificate about the state of health of the child at the time of disposal and the health declaration at the time of its device in family of the foster tutor;
recommendations about further education of the child and to care of it;
other documents which were transferred to the foster tutor in case of the child's device in his family, including the documents containing personal data of the child and parents / legal representatives.
The foster tutor within seven calendar days after disposal of the child from his family continues to cooperate with parents / legal representatives to whom he returned provides consultations on features of its leaving and education for the purpose of elimination of risks of repeated emergence of difficult vital circumstances, prepares conclusions and recommendations in accordance with the terms of the agreement on patronage over the child.
Approved by the Resolution of the Cabinet of Ministers of Ukraine of March 16, 2017, No. 148
See. The standard agreement about patronage over the child (17Kb In original language)
Approved by the Resolution of the Cabinet of Ministers of Ukraine of March 16, 2017, No. 148
1. This Procedure determines the mechanism of appointment and payment at the expense of funds of the government budget of the public assistance for content of the child in family of the foster tutor (further - the public assistance), fees by implementation of patronage over the child (further - cash cover) and implementation of expenses on payment of single fee on obligatory national social insurance for the foster tutor for 2019-2027.
2. Appointment and payment of the public assistance and cash cover are performed by structural division concerning social protection of the population Kiev and Sevastopol of the state administrations, executive bodies, district, district in, city, district in the cities (in case of their education) councils (further - structural division concerning social protection of the population).
3. For purpose of the public assistance and cash cover the foster tutor shows the passport of the citizen of Ukraine or other identity document, and submits the following documents:
1) the statement for purpose of the public assistance and cash cover with indication of details of the personal account opened in bank institution or carrying out payments through the state company of mail service;
2) the copy of the service provision agreement on patronage over the child;
3) the copy of the agreement on patronage over the child or the order of service for children in case of the urgent device of the child in family of the foster tutor;
4) the decision district, district in Kiev and Sevastopol the state administrations, executive body city, district in the city (in case of its creation) council about the child's device in family of the foster tutor;
5) copy of the act of the fact of transfer of the child;
6) copy of the certificate of birth of the child (in the presence);
7) the reference from the place of study on the size of grant of the foster tutor of the child arranged in family;
8) the copy of the statement from the inspection report of medico-social commission of experts or the medical certificate of the medical and advisory commission of treatment and prevention facility about the child with the disability issued in accordance with the established procedure by the Ministry of Health.
Statements with necessary documents for purpose of the public assistance and cash cover are accepted from applicants by structural divisions concerning social protection of the population. Since January 1, 2021 statements with necessary documents for purpose of the public assistance and cash cover are accepted from applicants by structural divisions concerning social protection of the population of the district state administrations only in case of sending them by mail or electronically (through the official website of Minsotspolitiki, information systems of executive bodies and local government bodies integrated with it or the Single state web portal of electronic services).
Statements with necessary documents for purpose of the public assistance and cash cover are also accepted by authorized officers of executive body of village, settlement, city council of the corresponding territorial community (further - officials of executive body) and officials of the center of provision of administrative services which transfer them within three working days from the date of their receipt to the relevant structural division concerning social protection of the population.
Till July 1, 2021 the official of executive body or center of provision of administrative services, adopts the statement with necessary documents for purpose of the public assistance and cash cover, if technically possible registers the statement and creates electronic case (fills the corresponding electronic forms with use of information systems of Minsotspolitiki) and no later than the next working day directs electronic case to the relevant structural division concerning social protection of the population means of electronic communication through information systems of Minsotspolitiki with observance of requirements of the Laws of Ukraine "About electronic documents and electronic document management", "About electronic confidential services", "About information security in information and telecommunication systems".
Since July 1, 2021 statements with necessary documents for purpose of the public assistance and cash cover are accepted by officials of executive body or center of provision of administrative services only with forming of electronic case.
Statements with necessary documents for purpose of the public assistance and cash cover (after forming of electronic case) in paper form are transferred to the relevant structural division concerning social protection of the population at least every two weeks.
Documents based on which the public assistance and cash cover is appointed remain within five years after the termination of the specified payments.
4. The public assistance and cash cover are appointed and paid from the date of the child's device in family of the foster tutor about day of disposal from such family inclusive and renew in case of subsequent the child's device in family of the foster tutor.
The cash allowance is paid to the foster tutor within seven calendar days after disposal of the child from family for provision to parents / to the legal representative of the child of support and consultations on its leaving, education and rehabilitation.
Payment of the public assistance stops based on the decision district, district in Kiev and Sevastopol of the state administration, executive body city, district in the city (in case of its creation) council about disposal of the child from family of the foster tutor and the copy of the act of the fact of transfer of the child.
The basis for the termination of payment of the public assistance in case of achievement by the child of age of majority or its death is the written notice of service for children.
5. The structural division concerning social protection of the population submits monthly to the 5th to authorized body of the Autonomous Republic of Crimea concerning social protection of the population, to structural division concerning social protection of the population of the regional, Kiev and Sevastopol city state administration information on purpose of the public assistance and cash cover or the termination of their payment for its generalization and representation to the 10th to National social service.
6. The extent of the public assistance constitutes 2,5 of subsistence minimum for children of the corresponding age in month, for children with disability - 3,5 of subsistence minimum for children of the corresponding age in month.
The public assistance is paid on each foster tutor of the child arranged in family.
In case the grant appointed in accordance with the established procedure is paid to the child, the extent of the public assistance is determined as difference between 2,5 of subsistence minimum for the child of the corresponding age, for children with disability - 3,5 of subsistence minimum for children of the corresponding age and the grant size for the last complete month at the time of the child's device in family of the foster tutor.
In case of change of the size of grant the foster tutor shall within ten working days from the moment of receipt of the relevant information notify structural division concerning social protection of the population for carrying out the corresponding recalculation of the extent of earlier appointed public assistance.
The public assistance is used by the foster tutor in full for ensuring good nutrition, education, training and development of the child according to his requirements.
The service for children not later than in five working days from the moment of the child's device in family of the foster tutor or disposal from such family in writing informs structural division concerning social protection of the population on the device or disposal of the child.
7. The amount of cash cover constitutes five subsistence minimums for able-bodied persons in month.
If in family of the foster tutor there is child aged up to one year, the child with disability, the juvenile or minor pregnant woman, the HIV-positive child both at the same time two and more children, the amount of cash cover increases by 10 percent for each child, but no more than for 50 percent is total.
8. In case of establishment by the law of other subsistence minimum the extent of the public assistance and cash cover is listed without additional address of the foster tutor.
9. The public assistance and cash cover are paid through bank institution or the state company of mail service for the residence of the foster tutor.
In case of stay of the child in family of the foster tutor incomplete month the public assistance and cash cover are paid in proportion to the number of calendar days of stay of the child in family of the foster tutor.
10. The expenses connected with payment of the public assistance and cash cover by payable objects of JSC Ukrpochta, and expenses on payment of single fee on obligatory national social insurance for foster tutors are performed by structural division concerning social protection of the population at the expense of means of the government budget.
11. No. 1101 is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 24.12.2019.
12. No. 1101 is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 24.12.2019.
13. No. 1101 is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 24.12.2019.
14. No. 1101 is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 24.12.2019.
15. No. 1101 is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 24.12.2019.
16. No. 1101 is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 24.12.2019.
17. No. 1101 is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 24.12.2019.
Approved by the Resolution of the Cabinet of Ministers of Ukraine of March 16, 2017 No. 148
1. Third to state the paragraph in the following edition:
"Seven citizens of Ukraine (relatives, acquaintances, foster tutor)".
2. Add Item with the paragraph of the following content:
"The temporary device of the child in family of the foster tutor is performed according to the procedure, established by the Cabinet of Ministers of Ukraine.".
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The document ceased to be valid since August 27, 2021 according to item 4 of the Resolution of the Cabinet of Ministers of Ukraine of August 20, 2021 No. 893