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

of November 16, 2016 No. 661

About approval of Rules of forming and use of the Republican databank of orphan children, children without parental support, and persons wishing to accept children on education in the families

According to Item 1 of article 118-2 of the Code of the Republic of Kazakhstan of December 26, 2011 "About scrap (matrimony) and family" I ORDER:

1. Approve the enclosed Rules of forming and use of the Republican databank of orphan children, children without parental support, and persons wishing to accept children on education in the families.

2. (Abdykarim M. S.) in accordance with the established procedure 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 in the Ministry of Justice of the Republic of Kazakhstan the direction of its copies in periodic printing editions and the republican state company on the right of economic maintaining "The republican center of legal information" of the Ministry of Justice of the Republic of Kazakhstan for inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on Internet resource of the Ministry of Education and Science of the Republic of Kazakhstan;

4) 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 the vice-Minister of Education and Science of the Republic of Kazakhstan Asylova B. A.

4. This order becomes effective after ten calendar days after day of its first official publication.

It is approved Minister of information and communications of the Republic of Kazakhstan December 12, 2016

_____________ D. Abayev

It is approved Minister of Foreign Affairs of the Republic of Kazakhstan "_____" _______ 2016

_____________ E.Idrisov

Approved by the Order of the Minister of Education and Science of the Republic of Kazakhstan of November 16, 2016 No. 661

Rules of forming and use of the Republican databank of orphan children, children without parental support, and persons wishing to accept children on education in the families

Chapter 1. General provisions

1. These rules of forming and use of the Republican databank of orphan children, children without parental support, and persons wishing to accept children on education in the families (further – Rules) determine procedure for forming and use of the Republican databank of orphan children, children without parental support, and persons wishing to accept children on education in the families (further – the Republican databank).

2. In these rules the following determinations are used:

1) agencies on adoption (adoption) - the non-profit, foreign organizations performing activities for adoption (adoption) of children in the territory of the state and accredited for implementation of similar activities in the territory of the Republic of Kazakhstan according to the procedure, established by the Code of the Republic of Kazakhstan of December 26, 2011 "About scrap (matrimony) and family" (further – the Code);

2) the Republican databank of orphan children, children without parental support, and persons wishing to accept children on education in the families – 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;

3) foreign institutions of the Republic of Kazakhstan – the diplomatic and equated to them representations being located abroad, and also consular establishments of the Republic of Kazakhstan (further – foreign institutions).

3. The data containing in the Republican databank are the state electronic information resources.

4. The republican databank is created:

1) the bodies performing functions on guardianship or custody of local executive bodies of areas, cities of regional value, areas, cities of republican value, the capital (further – bodies);

2) Committee on protection of the rights of children of the Ministry of Education and Science of the Republic of Kazakhstan (further - Committee);

3) agencies on adoption (adoption) (further – the agencies);

4) foreign institutions;

5) Department of consular service of the Ministry of Foreign Affairs of the Republic of Kazakhstan (further – Department).

Chapter 2. Procedure for forming and use of the Republican databank of orphan children, children without parental support, and persons wishing to accept children on education in the families

Paragraph 1. Procedure for forming of these orphan children, children without parental support

5. The republican databank of orphan children, children without parental support, is created on the basis of questionnaires of the orphan children and children without parental support filled with bodies, Committee and Department.

6. The republican databank of orphan children and children without parental support, consists of the following Sections:

1) bank of children;

2) archive of children;

3) the arranged children.

7. The Section "Bank of Children" contains the following information on orphan children and children without parental support:

1) name of area (area, city of republican value and capital) registration of the questionnaire of the child;

2) name of the area of registration of the questionnaire of the child;

3) number of the questionnaire of the child;

4) biographical particulars of the child (surname, name, middle name (in case of its availability), birth date, age, nationality, floor, individual identification number);

5) accounting type (primary, regional, centralized);

6) device forms (adoption, guardianship or custody, patronage, foster home);

7) diagnosis;

8) the location information of the child (the name, the address of the organization for orphan children and children without parental support);

9) information about relatives;

10) social status of the child;

11) surname, name, middle name (in case of its availability) guardians, custodians, foster tutors, adoptive parents;

12) date of the device in family (adoption, guardianship or custody, patronage, foster home).

8. The Section "Archive of Children" contains information on the orphan children and children without parental support struck off the register (primary, regional, centralized) because of achievement by them of age of majority, full legal capacity, return to their parents or for cause of death.

9. In case of introduction of data on the death of orphan children and children without parental support, achievements by them of age of majority, full legal capacity, return to their parents the questionnaire of orphan children and children without parental support, is automatically transferred from the Section "Bank of Children" to the Section "Archive of Children".

10. The Section "The Arranged Children" contains information on the orphan children and children without parental support struck off the register (primary, regional, centralized) because of their device in family (adoption, guardianship or custody, patronage, foster home).

11. In case of adoption of the orphan child or child, without parental support, foreigners the Department registers the adopted child in the Ministry of Foreign Affairs of the Republic of Kazakhstan according to Rules of registration in the Ministry of Foreign Affairs of the Republic of Kazakhstan and implementation by foreign institutions of the Republic of Kazakhstan of control of the children who are the citizens of the Republic of Kazakhstan transferred to adoption to foreigners, approved by the Order of the acting minister of foreign affairs of the Republic of Kazakhstan of April 3, 2015 No. 11-1-2/130 (it is registered in the Register of state registration of regulatory legal acts at No. 11240) by introduction of date of registration in the questionnaire of the orphan child or child, without parental support.

12. In case of change of information about orphan children and children without parental support, the body within seven working days from the date of receipt of data makes corresponding changes to the questionnaire of the child.

13. When entering data on the device of orphan children and children without parental support into family (adoption, guardianship or custody, patronage, foster home) the questionnaire of orphan children and children without parental support, is automatically transferred from the Section "Databank" to the Section "The Arranged Children".

14. The bases of the termination of accounting of data in the Republican databank on the child, without parental support, are:

1) the device of the child, without parental support, on education in family;

2) return of the child, without parental support, to his parents or parent;

3) achievement by the child, without parental support, age of majority or acquisition by such child of full legal capacity before achievement of age of majority by it;

4) death of the child, without parental support;

5) recognition of the child judicially is unknown absent, the announcement his dead.

Paragraph 2. Procedure for forming of the these persons wishing to accept children on education in the families

15. The republican databank of persons wishing to accept children on education in the families is created on the basis of questionnaires of persons wishing to accept children on education in the families, the filled persons wishing to accept children on education in the families, bodies, representative offices of the agencies on adoption and foreign institutions.

16. The republican databank of persons wishing to accept children on education in the families consists of the following Sections:

1) candidates for adoptive parents;

2) adoptive parents and adoption agencies;

3) the questionnaires and persons requiring check;

4) black list of adoptive parents;

5) the rejected and closed statements.

17. The Section "Candidates for Adoptive Parents" contains information:

1) device form (adoption, guardianship or custody, patronage, foster home);

2) date of the conclusion of the commission about possibility (impossibility) of issue of permission about transfer of children to adoption according to Rules of activities and determination of structure of the commission issuing the conclusion about possibility (impossibility) of issue of permission about transfer of the children who are citizens of the Republic of Kazakhstan, on adoption, approved by the order of the Minister of Education and Science of the Republic of Kazakhstan of January 16, 2015 No. 13 (it is registered in the Register of state registration of regulatory legal acts for No. 10288);

3) area of registration of the candidate for adoptive parents (name of area, city of republican value and capital);

4) number of the questionnaire of the candidate for adoptive parents;

5) biographical particulars of the candidate for adoptive parents (surname, name, middle name (in case of its availability), birth date, age, nationality, marital status, individual identification number, residence address);

6) biographical particulars of the spouse (-and) the candidate for adoptive parents (surname, name, middle name (in case of its availability), nationality);

7) name of the agency on adoption.

18. The Section "Adoptive Parents and Adoption Agencies" contains the information about adoptive parents and the adopted children.

19. The Section "The Questionnaires and Persons Requiring Check" contains data on questionnaires of persons wishing to accept the children on education in the families sent to body on compliance to requirements of article 91 of the Code, and also completeness of the provided documents on compliance to article 85 of the Code.

20. The Section "Black List of Adoptive Parents" contains data about:

1) persons deprived by court of the parent rights or narrow by court in the parent rights;

2) persons discharged of obligations of the guardian or custodian for inadequate accomplishment of the obligations assigned to it by the laws of the Republic of Kazakhstan;

3) the former adoptive parents if adoption is cancelled by court on their fault.

21. The Section "The Rejected and Closed Statements" creates the list of persons wishing to accept children on education in the families which at own will refused further accounting in the Republican databank or to which it was refused documents acceptance by bodies.

22. The information about the foreigners wishing to adopt the children who are citizens of the Republic of Kazakhstan is created by representative offices of the agencies on adoption based on the documents provided by foreigners in the adoption agency chosen by them.

23. Foreign institutions registers foreigners in the Republican databank as persons interested to adopt the children who are citizens of the Republic of Kazakhstan according to Rules of accounting of the persons who are citizens of the Republic of Kazakhstan, constantly living outside the Republic of Kazakhstan, the foreigners wishing to adopt the orphan children, children without parental support who are the citizens of the Republic of Kazakhstan approved by the order of the acting minister of foreign affairs of the Republic of Kazakhstan of June 14, 2016 No. 11-1-2/262 (it is registered in the Register of state registration of regulatory legal acts at No. 13958) by introduction of date of registration.

24. The bases of the termination of accounting of information about person wishing to accept children on education in the families in the Republican databank are:

1) acceptance by child's face on education in the family;

2) the statement in any shape of face of the termination of accounting of information about him in the Republican databank;

3) change of circumstances which gave to person opportunity to accept the child on education in the family;

4) death of person.

Paragraph 3. Procedure for use of these orphan children, children without parental support, and persons wishing to accept children on education in the families

25. Use of these orphan children, children without parental support, and persons wishing to accept children on education in the families is performed by means of assignment of login and the password by introduction of data on the web portal: www. rbd-kopd.kz.

26. In case of the positive conclusion about opportunity (impossibility) to be the candidates for adoptive parents according to Rules of accounting of the persons who are citizens of the Republic of Kazakhstan, constantly living in the territory of the Republic of Kazakhstan, persons interested to adopt orphan children, children without parental support approved by the order of the Minister of Education and Science of the Republic of Kazakhstan of June 29, 2016 No. 407 (it is registered in the Register of state registration of regulatory legal acts for No. 14067) and acceptance of non-disclosure obligations of data of the Republican databank of person wishing to accept children on education in the families, use information on orphan children and children without parental support.

27. Data on orphan children, children without parental support, are used by bodies and Committee for creation of derivative information on orphan children, children without parental support.

28. Use of derivative information on orphan children, children without parental support, is performed according to Item 2 article 118-3 of the Code.

29. Placement of derivative information on the orphan children, children without parental support who reached ten-year age according to article 62 of the Code is performed based on their written application about consent or refusal to placement of derivative information on them to the Internet - resource of Committee on form according to appendix 1 to these rules.

Appendix 1

to Rules of forming and use of the Republican databank of orphan children, children without parental support, and persons wishing to accept children on education in the families

form

____________________________________

____________________________________

the name of the body performing

functions on guardianship or custody

area, city regional and

republican value, capital

from the pupil ____________________

____________________________________

         First name, middle initial, last name (in case of its availability)

Statement

I, __________________________________________________________,

                         First name, middle initial, last name (in case of its availability)

I give (I do not give) the consent to placement of my data, namely photos, name, data on sex, age, the state of health, features of nature, absence reasons of parent care, availability of brothers (sisters), full age relatives as derivative information on the website of Committee on protection of the rights of children of the Ministry of Education and Science of the Republic of Kazakhstan.

The application is written with own hand in the presence of the social teacher

___________________________________________________________,

              First name, middle initial, last name (in case of its availability)

which explained all effects of placement of my rights of children of the Ministry of Education and Science of the Republic of Kazakhstan granted on the website of Committee on protection.

"" ___________ 20 ____ years

______________________________________

First name, middle initial, last name (in case of its availability) the pupil

______________________________________

First name, middle initial, last name (in case of its availability) social

teacher

 

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