The right of orphans and children deprived of parental care for a full state provision

Written by Ярош Наталія

The attitude of society to its children reflects the general level of security and respect of human rights. If the state takes care of its future generation, it must ensure respect for its dignity, to create the necessary conditions for the full disclosure of its abilities, for laying the foundation for its full and productive life.

Unfortunately, not all children live in families in Ukraine. We are speaking about orphans and children deprived of parental care.

Thus, in accordance with the third part of the Article 52 of the Constitution of Ukraine, maintenance and education of orphans and children deprived of parental care, is set on the state.

The legal, organizational, social principles and guarantees of state support of orphans and children deprived of parental care, of youth from among orphans and children deprived of parental care are defined by the Law of Ukraine "On Ensuring Organizational and Legal Conditions for Social Protection of Orphans and Children Deprived of Parental Care ", which entered into force on the 13th of January 2005 and is a part of the legislation on child protection.

The legal definition of social categories of orphans and children deprived of parental care is provided in Article 1 of this Law.

Thus, the orphan child is a child whose parents were killed or died;

children deprived of parental care are the children left without parental care:

due to deprivation of their parental rights,
taking away from parents without deprivation of parental rights,
recognition of parents missing or incapacitated,
announcement them as dead,
serving their term in prison and while they were in custody during the investigation,
searching them by internal affairs authority related to evasion of paying maintenance and lack of information about their location,
Parents' long illness that prevents them from fulfilling of their parental responsibilities,
and also foundlings,
whose parents are unknown, children abandoned by their parents,
and homeless children;

Absence of one or both parents or of parental care, as evidenced by appropriate documents, defines the legal status of the child and is a basis for such children to receive financial support and benefits provided by the law.

The status of orphans and children deprived of parental care is a defined by law status of the child, which gives it the right to full public provision and obtaining of benefits under the law and is supported by a set of documents that certify the circumstances under which the child has no parental care ( Article 1 of the mentioned Law).

In addition, under this Article the terms are legally defined: state social standards for orphans and children deprived of parental care and those from them, these are established by laws and other legal acts minimum norms and standards for provision of orphans, children left without parental care and those from among them;

persons from among orphans and children deprived of parental care - those aged from 18 to 23 years whose parents died or perished while the children were under 18, and those who were assigned to the children deprived of parental care.

State provision of orphans and children deprived of parental care and those with them is a full support in accordance with social standards of material and financial resources of orphans and children deprived of parental care and those from among them to meet their vital needs and to create conditions for normal life.

According to Article 4 of the Law of Ukraine social protection of orphans and children deprived of parental care is guaranteed, provided and protected by the state.

State social standards for orphans and children deprived of parental care are set regardless of where a child is on public charge and education, at a level not lower than the minimum cost of living set for individuals of appropriate age.

State social standards and norms are established for:

minimum financial provision, the cost of food, clothing and footwear;
housing at a level no lower than set out in the Housing Code of the Ukrainian SSR norms;
housing of such children after their training in various forms of institutions after they reach the age of 18, if they do not have their own accommodation in accordance with the standards of living or if they have accommodation with characteristics lower than the living standards;
minimum standard to ensure a guaranteed first job, which can not be changed by the employer within three years from the start of such work, and in case of impossibility to provide such a working place, a monetary compensation for this period must be set, which is payable on orphans and children deprived of parental care by the state or local budgets;
a minimum standard of a single state financial aid after finishing of an educational institution by such children or at the end of the stay of children in various forms of institutions after they reach 18 years of age;
minimum standard monthly maintenance of such children and persons from among them if they study at a higher educational institution until they reach 23 years of age or until he graduation from the relevant institutions;
minimum standard of medical care;
minimum standard of toys provision that promote development, sports equipment, newspapers and magazines according to children's, youth's, general knowledge and educational direction for such children;
minimum standard of the child's provision before granting him/her the status of an orphan or a child deprived of parental care;
minimum standard of pay for foster parents, adoptive parents.

The Cabinet of Ministers of Ukraine may establish other additional minimum social standards, norms of consumption and standards of provision for orphans and children deprived of parental care.

Article 8 of the above-mentioned Law provides that the State shall provide a full support of orphans and children deprived of parental care, as well as those from among them.

Help and support of these children can not be lower than the minimum standards to ensure every child a standard of living adequate for physical, mental, spiritual, moral and social development at a level not lower than the minimum cost of living for such persons.

Orphans and children deprived of parental care under eighteen years of age and persons from among orphans and children deprived of parental care, have a right to a complete public support in schools, by continued studying up to 23 years or until the graduation from the corresponding educational institutions .

Persons within orphans and children deprived of parental care, who are studying get not only the full state provision, but also a scholarship in the amount that is 50 percent more than the size scholarships in the respective institution and also 100 percent of wages which accrued during the production training and practice is paid.

Persons from orphans and children deprived of parental care who study shall be paid yearly for the purchase of textbooks in the amount of three monthly scholarships till completion of training. Payment of this aid is made within 30 days after the beginning of the school year through funds provided to schools in their respective budgets.

When providing individuals from orphans and children deprived of parental care, who study, academic leave for a medical report they get a full public support and scholarship for the duration of sabbatical leave. The institution promotes their treatment.

Graduates of schools from among orphans and children deprived of parental care are provided by the institution or the institution of labor and social protection of the population with clothing and footwear, as well as one-off allowance in amount of two living minimums for individuals of appropriate age. Standards of clothing and footwear are approved by the Cabinet of Ministers of Ukraine. On a wish of graduates, they may be given monetary compensation in the amount necessary to purchase clothes and footwear.

The cost of the full state support in terms of money for children from birth to three years, from three to seven, from seven to ten years, from ten to fourteen years, from fourteen to eighteen years of age and persons from orphans and children deprived of parental care up to twenty-three years shall be determined according to the Law of Ukraine "On the minimum cost of living."

State social standards, standards of consumption, standards of provision are the same for all orphans and children deprived of parental care, as well as those from them, regardless of their placement and support, and are approved in accordance with the law.

Since the full state support is provided for orphans and children deprived of parental care, who have this status, the appropriate Services for Children shall, within two months prepare a set of documents confirming acquiring by a child the status of orphan, of a child deprived of parental care.

The status of an orphan or a child deprived of parental care is provided by law (article 5 of this Law).

At the same time, today, the following Resolutions of the Cabinet of Ministers of Ukraine, aimed at improving the social protection of orphans and children deprived of parental care are valid:

on April 5, 1994 № 226 "On improving the education, training, social protection and financial support of orphans and children deprived of parental care";

on July 12, 2006 № 956 "On the experiment of appointment and payment of public assistance for orphans and children without parental care who are under guardianship (care) or in the relevant institutions on the principle" money follows the child ";

on January 31, 2007 № 81 "On approval of the Order of appointment and payment of public assistance for orphans and children deprived of parental care, financial support of parents-caregivers and adoptive parents for providing social services in family-type children's houses and foster families by the principle "money follows the child" in 2007 "(validity of which is extended for 2008);

on April 4, 2007 № 605 "On the experiment of appointment and payment of public social assistance for orphans and children deprived of parental care who are under guardianship (care) and live in families of guardians (trustees), by the principle "money follows the child";

on March 19, 2008 № 199 "On the extension in 2008 of the experiment with the appointment and payment of public social assistance by the principle" money follows the child";

on April 9, 2008 № 328 "On Amendments to the Procedure for appointment and payment of public social assistance for orphans and children deprived of parental care, of financial support of parents-caregivers and foster parents for providing social services in family-type children's houses and foster families according to the principle "money follows the child" in 2007. "

Also note that by the decree of the Cabinet of Ministers of Ukraine dated March 5, 2008 № 146 "On Certain Issues of one-off financial assistance to orphans and children deprived of parental care", paragraphs 4 and 5 of paragraph 13 of decree of the Cabinet of Ministers of Ukraine dated April 5, 1994 № 226 "On the improvement of education, training, social protection and financial support of orphans and children deprived of parental care" were amended concerning increase of the lump-sum cash payment assistance out of two to six living minimums for orphans and children deprived of parental care who studied or were educated in educational institutions and universities, and were in full state support and orphans, children deprived of parental care, who were under the guardianship (care) by their employment.

Summing up the above, we can conclude that the government makes the right moves in the direction of social protection of orphans and children deprived of parental care.

Last Updated on Saturday, 22 May 2010 16:00