Ukraine: Law on Ensuring Organizational and Legal Conditions for Social Protection of Orphans and Children Deprived of Parental Care.

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http://www.welcometo.kiev.ua/pls/ili/docs/a_law_eng/E2342-IV.html

(Summary)

The Law of Ukraine

On Ensuring Organizational and Legal Conditions for Social Protection of Orphans and Children Deprived of Parental Care

Date of entry into force:
February 2, 2005

The Law identifies legal, organizational and social principles and guarantees for government support for orphans and children deprived of parental care and is a component part of the legislation on the protection of childhood.

Steps to provide social protection for orphans and children deprived of parental care shall be guaranteed, secured and protected by the state.

Government social standards for orphans and children deprived of parental care shall be established, regardless of the fact where such a child is supported and brought up, at the level that is not lower than the established minimum subsistence level for individuals of the relevant age. The government shall provide full support for orphans and children deprived of parental care. Assistance to and support for such children cannot be lower than the established minimum standards that provide each child with a living standard that is needed for their physical, mental, intellectual, moral, and social development at the level that shall not be lower that the established minimum subsistence level for such individuals. Expenditures on supporting orphans and children deprived of parental care in families of guardians, foster homes, children’s homes of family type, and in government institutions shall be financed from the State Budget, oblast budgets and the budget of the Autonomous Republic of Crimea.

The state social standards and norms shall be established with respect to:

- the minimum material support, expenditures on meals, clothes, and footwear;

- housing support at the level that shall not be lower than the norms established by the Housing Code of the Ukrainian Soviet Socialist Republic;

- the minimum standards for healthcare services;

- other.

Bodies of guardianship and care shall be state administrations of regions, districts of the cities of Kyiv and Sevastopol, executive bodies of municipal or district, village, and township councils. Social protection and protection for the rights of children shall be provided by state administrations of regions, districts of the cities of Kyiv and Sevastopol, executive bodies of municipal or district, village, and township councils within the limits of their competence. If a child has lost parental care, the relevant service that deals with affairs of minor shall prepare a set of documents that shall confirm that this child has gained the status of an orphan or a child deprived of parental care. This shall be done within two months.

A child can be placed in institutions for orphans and children deprived of parental care in the instance when, for certain reasons, there are no possibilities to place such a child in a family for the purpose of fosterage. It shall be a priority to place a child in families of Ukrainian citizens – for adoption, for guardianship or care – in foster homes or in children’s homes of family type. The procedure for transferring children for adoption, upbringing and for living together into foster homes or in children’s homes of family type shall be approved by the Cabinet of Ministers of Ukraine.

The marginal number of foster children in institutions for orphans and children deprived of parental care shall not exceed 50 individuals. The procedure for setting up, reorganizing and liquidating institutions for orphans and children deprived of parental care, as well as the regulations on these institutions shall be approved by the Cabinet of Ministers of Ukraine. Services dealing with affairs of minors shall oversee the adherence to rights and interests of children in such institutions.

Systemically, but at least once a year, bodies of guardianship and care shall carry out activities to reveal talented children from among orphans and children deprived of parental care, as well as contribute to their further free education and job placement according to their talents and abilities.

In addition to full social security, individuals from among orphans and children deprived of parental care who are studying shall receive:

- a scholarship that shall be 50% higher than the size of scholarships in the relevant educational institution;

- a salary amounting to 100% of salary calculated for the period of on-the-job training and practical training.

Graduates of educational institutions from among orphans and children deprived of parental care shall be provided with clothes and footwear, as well as one-time monetary support in the amount of two minimum subsistence levels at the expense of the relevant educational institution. The norms for the provision with clothes and footwear shall be approved by the Cabinet of Ministers of Ukraine. There shall be an option for graduates of educational institutions to obtain a monetary compensation in the amount needed to purchase clothes and footwear.

Services dealing with affairs of minors shall provide for creating and supporting a data bank on orphans and children deprived of parental care. The procedure for supporting this data bank on orphans and children deprived of parental care shall be approved by a specially authorized central body of executive power dealing with affairs of family, children and youth. The main goal of creating and supporting this data bank on orphans and children deprived of parental care shall be to improve the process of withdrawing and placing such children and specific individuals from among them for adoption, guardianship or care, into foster homes, or children’s homes of family type.

A specially authorized central body of executive power dealing with affairs of family, children and youth shall coordinate activities to detect Ukrainian citizens who agree to and can take up orphans and children deprived of parental care for upbringing. If necessary, potential guardians, carers, foster parents, and foster mentors shall take up a course of training on problems of bringing up children.

Orphans and children deprived of parental care shall retain the right for housing where they had resided with their parents, relatives, and so on before they were placed into the relevant institutions. Local state administration and local self-government bodies shall bear the responsibility for preserving the above-mentioned housing and returning it to orphans and children deprived of parental care after the end of their stay in the relevant institution for such children, foster homes or children’s homes of family type.

Orphans and children deprived of parental care shall be provided with social housing according to the out-of-turn procedure within one month. The procedure for providing orphans and children deprived of parental care, as well as specific individuals from among them with social housing shall be approved by the Cabinet of Ministers of Ukraine. Social housing provided to orphans and children deprived of parental care, as well as specific individuals from among them for residence shall meet sanitary and technical requirements.

 

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