Application to the guardianship and trusteeship authorities about improper upbringing of a child

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Published: 08/17/2018

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According to the Family Code of the Russian Federation, parents and official guardians are obliged to provide the child with favorable conditions for his life and development. Monitoring compliance with these standards is carried out by the guardianship and trusteeship authority.

• When guardianship comes to check the family
• Grounds for appeal
• Who has the right to apply
• Responsibility for handling
• Do guardianship authorities check anonymous requests?
• The procedure for contacting the guardianship authorities
• Terms of consideration
• Procedure after receiving a complaint
• Do guardianship authorities have the right to take children away because of calls from neighbors?
• Parental Responsibility

If there are suspicions that a family is improperly fulfilling its responsibilities for caring for a child, civil and legal entities can contact the guardianship and trusteeship authorities (hereinafter referred to as the DCA) with a request to conduct an inspection of this family.

Guardianship complaint against parents

In order for parents’ inaction to be defined as an administrative offense, it is necessary to identify its systematic nature, as well as the manifestation of certain signs over a long period of time.
An administrative violation that lasts for a long time will certainly lead to administrative liability. So, if a child does not attend school, regularly runs away from home, or commits illegal actions, then this seriously threatens the parents with administrative and legal liability. But most often, the basis for a teenager to commit an antisocial act is precisely the lack of a pleasant microclimate in the family, parental care, and control over the behavior of their children. Therefore, often offenses committed by children lead to the responsibility of their parents. Family Law What does improper performance of parental responsibilities mean? The current legislation of the Russian Federation obliges both parents not only to raise their children, but also to take care of them, as well as provide them with everything they need. This provision is enshrined in Article 38 of the Constitution of the Russian Federation.

Grounds for appeal

The basis for applying to write an application to the guardianship authorities may be:

1. Poor living conditions for children. This includes families who do not maintain cleanliness in the house, and do not monitor the neatness of their children’s clothing and appearance. In some cases, the minor may miss school or even go hungry. All this is a reason to submit a request to check your living conditions.
2. Leaving a child in danger. An application to the department of guardianship and trusteeship about a violation of rights is submitted if a minor is in danger due to the negligent attitude of adults.
3. Abuse of parental rights. If parents do not allow their children to fully develop: communicate with peers, attend clubs or sections, teach them bad habits, then this allows them to be brought to administrative responsibility.
4. Cruel treatment. According to the law of the Russian Federation, neither psychological (threats, intimidation) nor physical (punishment, beatings) violence can be used against children. Any impact may serve as grounds for filing an application with the guardianship authorities for improper upbringing.
5. Alcohol or drug addiction of the father or mother. Eyewitnesses of this fact must write a letter to the guardianship to check the conditions of the child’s detention.

This list is not complete. There may be many more reasons to file an application with the guardianship authorities. Responsible citizens, at the first suspicion of non-compliance with parental responsibilities, should contact the relevant authorities. Those who do not wish to give away their identity can report a dysfunctional family anonymously.

What responsibility do parents have?

Parents, adoptive parents, and guardians are required to bear responsibility for the child. Failure to fulfill obligations is punishable by law:

The punishment depends on the degree of offense. Parents may be fined, warned and taken into custody. More advanced cases lead to deprivation or restriction of parental rights, community service and serving time in prison.

Virtually any eyewitness can write a statement to the guardianship authorities about identified incidents of dishonest fulfillment of parental duty. It must be submitted to the department where the child lives. The document will be reviewed no more than 1 month. When confirming the information, parents (guardians) will be responsible.

Who has the right to file a guardianship complaint?

The norms of family law, including the attitude towards children, are regulated by Article 33 of the Constitution of the Russian Federation, as well as the RF IC, which defines the powers and rights of children, as well as the duties of parents and their responsibility for violating these rights.

A happy family

In accordance with the code, the following persons have the right to complain to the guardianship authorities:

• If the parents live separately and the child has not yet reached his 14th birthday, the second guardian can file a complaint, if there are grounds.
• When, as a result of antisocial actions of parents, a child begins to have health problems, the paper can be drawn up by a doctor.
• Other relatives of the child, for example, brothers, sisters, grandparents, uncles, aunts, etc., if they observe cases of poor treatment of children by the natural parents or official guardians who adopted the child.
• Neighbors, acquaintances, friends and other persons who want to stop the antisocial behavior of parents towards their child.
• Authorized employees of the Prosecutor's Office of the Russian Federation, in the event of a complaint being submitted to this body.

Important! A complaint can be submitted either from a specific person, in writing, indicating personal data and contacts for feedback, or anonymously, in writing or orally, by calling the trustee committee hotline. Child abuse

Child abuse

Who can write an application?

A complaint about a violation of a child’s rights can be filed by the following persons:

1. mother of a minor child to a former or current spouse;
2. father to mother of a common child;
3. close relatives. These could be brothers, sisters, aunts, uncles, grandparents;
4. neighbors who have good reason to do so;
5. employees of preschool institutions, schools;
6. medical workers of hospitals, clinics;
7. employees of the prosecutor's office after receiving relevant information about cruel treatment of a minor child.

There are situations when, after a divorce, the child’s mother, with whom the minor remains to live, does not take care of him and abuses alcohol. In this case, the father can file a complaint against her with the relevant authorities. In a similar situation, the child’s own grandmother can also turn to the guardianship and trusteeship authority for help.

What it is

The Russian state is trying to ensure that the rights of the child are always protected and his interests are in first place.

The responsibilities of parents or guardians include providing the necessary conditions for the life and development of the child, his maintenance and upbringing. But these responsibilities are not always properly fulfilled.

Often, educators or teachers notice that guardians are negligent in their responsibilities towards the ward, or even the natural father and mother do not fulfill their parental responsibilities.

Other people, for example, the child’s relatives, may also pay attention to this. To prevent violation of the rights and interests of the child, it is possible in this case to file a complaint with the guardianship authorities

To prevent violation of the rights and interests of the child, it is possible in this case to file a complaint with the guardianship authorities.

Main concepts

Guardianship and trusteeship authorities are a special executive body whose responsibilities include identifying children left without parents, organizing relationships with guardians, and monitoring compliance with the rights of minors and incapacitated citizens.

Guardianship authorities also resolve some disputes between parents, for example, regarding the upbringing of a child.

The opinion of the guardianship authorities plays a big role when the court considers the issue of deprivation of parental rights.

In practice, the decision made depends on the opinion of the specialists of this government agency, and it is possible to prove otherwise only in exceptional cases.

A very important function of this government agency is also monitoring compliance with children’s rights in real estate transactions (including

mortgage).

The purchase or sale of property if children have a share in it will have to be agreed upon with the guardianship authorities.

Important! To protect the life and health of a child, guardianship authorities can take him away even from married parents. This is done only in exceptional cases, but you should definitely be aware of this possibility.

This is done only in exceptional cases, but you should definitely be aware of this possibility.

Who has the right to apply

The legislation does not actually limit the circle of persons who can apply to the guardianship authorities with a statement of violation of the rights of a child.

But in practice, most likely, no one will take any action on a message from a complete stranger to a particular child.

Typically the complainants are:

List of reasons

Any violation of the rights and interests of a child, a threat to his life or health may become the basis for contacting the guardianship authorities with a complaint and a request to conduct an inspection and take the necessary measures.

Let's consider the most common reasons for appeal:

Terms of consideration

The usual period for consideration of citizens' appeals to guardianship authorities is 30 days.

Only in exceptional cases can it be extended for another 1 month, for example, due to the need for additional checks.

In this case, the applicant is sent a corresponding notification. Based on the results of consideration of the complaint, a response is also sent to him indicating the measures taken, if violations were indeed confirmed.

Comment. In a situation where the life and health of a child are at stake, it does not always make sense to wait for a reaction from the guardianship authorities.

If the threat is real, it may make sense to report it to the police for an immediate response.

Procedure after receiving a complaint

Each complaint received is necessarily checked by the guardianship authorities and registered in the manner prescribed by law.

If it is discovered that the application has nothing to do with the guardianship and trusteeship authorities, it will be forwarded to the government agency authorized to resolve relevant issues.

If it is addressed correctly, then the corresponding work begins on it.

All information presented is carefully checked, conversations are held with parents, educators, teachers, and neighbors.

If necessary, guardianship authorities conduct an inspection of living conditions. Only after the necessary measures have been taken on the complaint, a decision is made.

In some cases, guardianship authorities limit themselves to warnings, but when they establish facts of beating a child, sexual abuse, etc., they are forced to immediately take the child away in order to ensure his safety.

In the latter case, the prosecutor's office must be notified of the actions and documents to the court for deprivation of parental rights begin to be prepared.

Often complaints to the guardianship authorities are the result of various quarrels between parents, with teachers, neighbors and simply personal hostility. But the guardianship authorities have no right to ignore the complaint.

Video: what is guardianship and who can become a guardian

What are the consequences for parents for violating their child’s rights?

After receiving a complaint, the guardianship authorities will have to personally verify that the children’s rights are actually being violated by unfortunate parents. If facts of physical and sexual violence or intimidation are revealed, the authorized bodies have the right to remove the child.

Parents must take care of their children throughout their lives. This is their main role. They must raise and support their children. Mom and dad are obliged to provide all the necessary living conditions for their child.

If they refuse to participate in the life of a minor child, then most likely in the future they will have to deal with the guardianship and trusteeship authority. In most cases, such visits end in deprivation of parental rights if the guilt of the mother and father is proven.

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or via the feedback form below.

Parents and legally appointed guardians have a responsibility to provide adequate care for their children and to promote their full development. If any civilian (school, kindergarten, or just neighbors) has reason to suspect a parent or guardian of non-compliance with the rights of the child, he has the right to submit an application to the guardianship of the child’s mother for an inspection.

The guardianship and trusteeship bodies (TBO) are a state executive organization that performs supervisory functions. With their help, all issues related to violation of the rights of minors are resolved.

Range of applicants

Anyone can contact the guardianship authorities with a complaint. But it should be understood that it will be taken seriously only if a number of factors come together. Since libel in the Russian Federation is considered a criminal offense, the applicant is obliged to justify why his appeal deserves close attention. Employees of the regional organization are required to conduct an investigation into the fact of the application, but if the person is part of the legal circle of applicants, then there is much more confidence in the facts presented.

The following may write a statement about improper upbringing:

1. Spouses. The mother of the children may complain to her husband that he is not fulfilling his responsibilities towards their children or is abusing them. The father can do the same to her. Moreover, the fact whether they are in a legal relationship or not does not affect the situation in any way.
2. Family relatives.
3. Neighbors and acquaintances who have information about what is happening.
4. Caregivers, teachers, medical workers and representatives of other institutions who have recorded the fact of a negative impact on a minor.
5. Police officers or prosecutors.

Important! Even a stranger can contact the prosecutor’s office or guardianship authorities if he has seen a violation of the rights of minors and can provide the details of the parents and their child.

Is it possible to complain about neighbors anonymously?

Please note that all applications from citizens are not considered only if the applicant has provided invalid information about himself or an address for a response.

This can also include the receipt of a duplicate of a previously accepted application in electronic form. If the complaint was drafted incorrectly, it will also not be accepted for consideration. It is worth noting that applications that do not have the applicant’s personal signature are also not considered.

Compilation rules

Often people who see that a child’s rights are constantly being violated do not contact the guardianship authorities because they are afraid that this may negatively affect them. In addition, most people simply have no idea how this procedure is performed and do not understand where to start and how to help the child. It should be clarified that no action can be taken against the applicant, even if the information provided by him is not confirmed. As for the procedure for applying, everything is simple - it must be in writing. Sometimes people decide to anonymously report to the guardianship about a dysfunctional family.

When starting to draw up an application to the guardianship authorities, you should immediately clarify what caused this need. Not any actions of parents can be regarded as a violation. You should write an application if:

1. Official guardians do not fulfill the responsibilities of supporting children, and they are often hungry, dressed inappropriately, and at home where they live in poor living conditions.
2. The child was left in the maternity hospital immediately after birth or abandoned in the hospital later.
3. Violence of a psychological, physical or sexual nature is used against a minor.
4. Adults actively or passively teach a minor to bad habits.
5. Parents abuse alcohol or drugs.
6. One of the caregivers was diagnosed with a mental disorder.

Note! It is extremely important for the applicant to substantiate his appeal so that representatives of the government agency can carry out a targeted check on its fact

Form and content

The statement of improper upbringing is written in any form. To compile it you will not need any special knowledge and skills, but it will be useful to use a ready-made sample. Despite the fact that there are no special forms, it should be taken into account that this document should correctly state the situation.

Advice: the statement is written in a business style, without using slang, colloquial or obscene words. It must indicate the following points:

1. Information about the applicant himself.
2. Information about the family that caused such treatment. It will be necessary to clarify in relation to whom inappropriate care or education is being shown and on behalf of which adult it comes from.
3. List the illegal actions witnessed by the applicant.
4. Clarify when and how the stated facts were recorded.
5. If there are other witnesses to the violation, their details should be listed so that they can subsequently confirm what was written.

The main objective of a statement is considered to be a clear statement of facts, rather than an emphasis on their interpretation. It is the guardianship authorities, not the applicant, who are required to draw conclusions.

Required details

When filling out an application, you will need to provide the most complete information about the persons appearing in it. At a minimum, the applicant himself must include his full name, residential address and contact telephone number. As for the minor and his guardians, all available information should be entered here. The person contacting the guardianship representatives does not always have the full amount of information about the described family. In this case, you should write down what he knows - first names, last names, residential address.

The application is submitted to the head of the state organization, or rather, its regional branch, which is located in the specified locality. If there are documents or facts that confirm the stated, they should be put down on paper. This may be photographs, video footage or other evidence.

The form is signed by the applicant and the date of submission is indicated on it. If the application is a collective complaint, then signatures are placed on behalf of all applicants.

How to write a profile of a dysfunctional family and child

The family is the place where the foundations of any person’s personality and psychological attitudes are laid.
The behavior of the parents is copied by the child unconsciously. In cases where the existing way of life in a family cripples the psyche of a small person or parents do not fulfill their direct responsibilities for supporting children, the question arises of removing the child from such a family or helping to overcome the crisis.

In such a situation, a characteristic of a dysfunctional family for guardianship is required; a sample is presented in this article.

Dysfunctional family

A family that cannot cope with its obligations to support and raise a child can be considered dysfunctional. The conditions for raising children in such a family are unfavorable, and relationships are unbalanced.

Disharmony in relationships can mean:

• Lack of supervision of a minor, his homelessness. The child's basic needs for food and clothing are not met, and most of his time is spent outside the home. Behavioral skills are not developed, there is no emotional support from parents.
• Emotional abandonment. Elements of education and care are present in such a family, the child is fed, clothed, has a place to play and relax. However, his mother and father do not show interest in his mental and psychological state. The baby feels unnecessary, uninteresting, a heavy burden that no one cares about. This attitude is typical for situations of unwanted pregnancy.
• The extreme and most severe form is domestic violence - physical or psychological. The mother and (or) father take out aggression on the child due to their own failures. In such cases, the baby’s psyche suffers irreparably; there is a real threat to his life and health.

Situations are possible when the attitude towards the child is acceptable, but the parents constantly sort things out among themselves through conflicts, fights, and threats. Serious mistakes are made in proper education.

Dysfunctional families, according to formal, “visible” characteristics, can be divided into two conditional categories:

1. Obviously having problems caused by the low social status of the parents, their alcoholism, and income levels below the subsistence level.
2. With a hidden form of not well-being. These are families that are outwardly, formally considered respectable and at the social level make a very favorable impression. However, things happen inside that clearly contradict universal human values ​​and moral standards.

Assigning a dysfunctional status to a family can lead to negative consequences. On the other hand, one cannot help but “overlook” and underestimate the risks of a child being in a socially dangerous situation. Therefore, the assessment in each case should be approached objectively and comprehensively.

The position of a child in a dysfunctional family

The psychological situation and lack of proper care in a dysfunctional family negatively affect the physical and mental state of the child.

Health

The main diseases that develop against the background of permanent stress are:

• diseases of the central nervous system;
• pathologies of the gastrointestinal tract;
• diseases of the respiratory system, asthmatic disorders;
• cardiovascular failure.

Children in such families more often than others suffer from colds and viral diseases due to reduced immunity due to poor nutrition and lack of sleep.

Psychological state, level of development

Negative relationships in the family cause irreparable harm to the mental and intellectual state of the child.

Such children grow up confident of the hostility of the world around them; they do not feel protected. At the same time, positive communication skills are not developed, the child is not able to share his experiences with other children or teachers.

Mental pain and emptiness often lead such children to crime groups; the desire to spend a lot of time outside the home leads to the use of alcohol, drugs and other psychotropic substances.

An experienced teacher or educator recognizes children with developmental pathologies by the following characteristics:

• aggression towards others, rejection of other people's opinions;
• deliberately demonstrative behavior to attract attention;
• isolation, wariness, reluctance to make contact;
• fear of adults, constant tense anticipation of a blow, insult;
• depressive states, mournful facial expression;
• increased anxiety, apathy;
• lack of concentration, restlessness;
• self-doubt, inadequate self-esteem;
• excessive compliance, servility and ingratiation;

Lack of supervision and systematic training on the part of parents leads to a lag in the child’s mental development. Lack of guardianship shapes the characteristics of self-esteem. Such children do not receive the basic knowledge necessary for preschoolers. They have poorly developed (not instilled) self-learning skills. There is no habit of discipline or learning in general.

The situation is aggravated by psychological problems and physiological pathologies. As a result, children from disadvantaged families of school age cannot cope with the implementation of educational programs, they find it difficult to perceive information.

A mental retardation becomes obvious, which further lowers the child’s self-esteem, leads to ridicule from other children and increased isolation or aggressiveness.

How to recognize and identify a dysfunctional family

Identification of a dysfunctional family is a signal to begin work on its social rehabilitation with the involvement of all interested services - guardianship authorities, educational, medical organizations, commissions for minors.

The listed organizations are the main suppliers of information for trusteeship services about problems in the family.

In educational organizations, identification of a child’s pedagogical neglect is monitored based on the following criteria:

• tiredness and sleepiness of the baby;
• visual signs of physical exhaustion;
• neglected speech, inability to express one’s thoughts;
• traces of beatings on the face and body;
• unconscious movements of defense: retraction of the head, fright from waving the arms, etc.;
• inhibition of motor functions, lack of finger motor skills;
• low mental development of the child.

Clinics and children's hospitals establish the fact of neglect of a child by the presence of systemic diseases, appearance, and underweight.

Commissions on juvenile affairs report to guardianship services about the facts of offenses committed by the child.

Next, work begins together with social protection authorities for the population to draw up a family’s social passport, an examination of housing conditions is carried out, and an assessment of material security is carried out.

A set of measures is being developed to bring dysfunctional relatives out of crisis. The extreme measure is to remove the child from them and deprive the father and mother of parental rights.

Pedagogical characteristics for a child from school

A social profile for a disadvantaged child is compiled for the guardianship and trusteeship authorities by the educational institution. A sample document is provided below.

CHARACTERISTIC

for a student of secondary school No. 42 in Tomsk, Ilya Kuznetsova, born in 2002.

Location____________________

Ilya Kuznetsov has been studying in the 5th grade of secondary school No. 42 in Tomsk since 09/01/2013. Ilya’s studies in basic subjects are assessed as “satisfactory”. The demands of teachers during the educational process are not met by Kuznetsov, the child’s homework is ignored. Ilya’s behavior in lessons and during breaks is unsatisfactory.

He often argues with teachers and may leave the classroom during a lesson. Distracts other children from their activities. He does not comply with the internal regulations, the class duty officer refuses to do so. On principle, he refuses to bring textbooks and workbooks to lessons. He does not recognize authorities in the person of the teaching staff and adults in general.

Shows disrespect and rudeness towards them. He reacts inadequately to comments and criticism, making counter-accusations. His character is very unbalanced and choleric. Reacts sharply to any statement made by classmates about him. Capable of using physical force against children.

Has inflated self-esteem, considering himself a highly developed personality.

Repeated conversations in the presence of Kuznetsov’s mother did not bring positive results.

Classroom teacher _____________

Director _____________

Social teacher _____________

Characteristics of a dysfunctional family

In practice, adult members of a dysfunctional family are reluctant to agree to interference in their lifestyle. It can be difficult to characterize such citizens. For this work, a group of specialists - social educators and psychologists, employees of commissions on juvenile affairs, guardianship services, teachers and educators is involved.

The document is drawn up based on the results of interviews with family members and a survey of material and living conditions

Characteristics plan

The sequence of presentation of facts in the description is as follows:

1. Description of each member (profession, place of work or study, education).
2. Material and living conditions. a special place is a condition for a child’s education and relaxation.
3. Reasons for classifying citizens as disadvantaged.
4. The emotional climate in the family, the relationships between its participants.
5. A parent (another family member) involved in raising and caring for a child.

Sample characteristics for a dysfunctional family

We present a sample document drawn up on the basis of a plan based on the results of an on-site survey.

Characteristics of the family to the guardianship authorities

Source: https://opekarf.ru/opeka-i-popechitelstvo/obshhie-ponyatiya/harakteristika-neblagopoluchnoj-semi

Methods of circulation

Let's consider where to complain about an aggressive child. From time to time, situations arise in classes when one minor bullies the entire class. Parents try to influence teachers, but they do not have sufficient power to resolve the conflict.

In practice, one of the popular solutions is to apply for guardianship. However, the law does not provide specialists with such powers.

To resolve the situation, you need to contact the PDN. To do this, you must include evidence. The police officer will draw up a report and the child’s parents will be held accountable. In 2020, this is the only method of influence.

You can submit a complaint in the following ways:

• personally;
• by mail;
• by phone;
• through the website of the guardianship department;
• through an educational institution;
• through a medical institution.

If a citizen does not want to contact the guardianship department on his own, he can contact the child’s teacher or district pediatrician. If the information is confirmed, the officials will independently inform the authorized body.

Reasons for contacting may be:

• child abuse;
• presence of injury in a minor;
• prolonged crying;
• finding a child in a public place without parents and persons replacing them;
• information about violation of children's property rights;
• lack of basic necessities for minors;
• sick or emaciated appearance of the child.

In the Russian Federation, timely reporting of signs of child abuse is not accepted. As a rule, communication is carried out exclusively for personal purposes. Therefore, there are difficulties in the country with early detection of domestic problems.

Algorithm of actions

The appeal can be made in writing or submitted orally. Regardless of the form, the guardianship department is obliged to respond to the submitted information within 3 days (Article 122 of the RF IC). If the message contains information about a threat to the life and health of a child, specialists must respond immediately.

The result of the appeal is a visit to the child’s family to check living conditions and identify a threat. When the information is confirmed, specialists take measures up to and including the removal of the minor (Article 77 of the RF IC).

Procedure for sending an appeal to the guardianship department:

1. Finding out the reception time.
2. Collection of documents.
3. Filling out an application.

Important! Specialists of the guardianship department are not obliged to inform the applicant about the measures taken and the results of the visit. In the case of an examination of the living conditions of a minor, a copy of the report is sent to the child’s representative, and not to the applicant

Finding out the reception time

Since the message may require a personal visit, it is advisable to check the specialist’s appointment time. Otherwise, he may be absent from the workplace.

Important! If the situation does not require delay, then it is necessary to provide information to the PDN or KDN. They must respond immediately

Information about specialists’ visiting hours is located:

• on the website of the guardianship department;
• on the website of the district administration;
• at the information stand near the department.

It can also be clarified by phone.

Collection of documents

When filing a complaint about failure to fulfill parental responsibilities, a citizen does not have to provide evidence. Moreover, he is not required to present an identity document.

If an application is submitted by one of the parents about the failure of the second parent to fulfill their duties, then it is necessary to present:

• passport;
• child's birth document;
• document on divorce;
• agreement on the residence of a minor in case of divorce.

However, the application must be accepted even in the absence of the listed information. However, the citizen must accurately indicate the minor’s residential address.

Important! The guardianship department does not search for children. If the whereabouts of the child are unknown, you must contact the police department.

Submitting an application

When contacting the guardianship department in person, the question may arise about filing a written complaint against the mother or the actions of the father. This requirement is not mandatory.

The document must contain the following information:

• name of the guardianship department;
• applicant details;
• document's name;
• a request to take action against the parents/other legal representatives of the minor;
• reasons for contacting;
• date, signature.

Sample complaint to the guardianship department

Lawyer answers to questions

What happens if, after verification, the parents’ illegal actions towards the child are not confirmed? What are the responsibilities for the applicant?

The applicant will not have to answer, even if cruel treatment or improper upbringing of the minor has not been confirmed. However, your parents can file a civil lawsuit against you to recover moral damages for defamation.

Is it possible to file a complaint with the OOiP?

No, all complaints are signed by the applicants. Anonymous requests are not considered by law.

Can POiP take a child from a family based on complaints from neighbors?

They can, by placing them in a specialized temporary detention facility if the child is in danger. Subsequently, the issue of deprivation of rights is resolved through the court.

What should I do if my neighbors complained about me to the guardianship authorities?

If you have responsibilities to your children, there is nothing to be afraid of. Prepare your home for inspection - a POiP employee will visit you. Subsequently, you can file a claim for compensation for moral damages in court if the information in the complaint is not confirmed.

Is it possible to file a complaint against neighbors in the Department of Public Safety and Inspection if their children are constantly making noise?

If the noise is caused by games and not screams due to beatings, you should not contact the OiP. Even if you provide false information, citing an unhealthy situation in the family, after checking this will be discovered, and your neighbors will be able to recover compensation from you through the court.

In such a situation, if the noise level exceeds at night, it is better to negotiate peacefully with people or complain to the local police officer. He will have a conversation with the neighbors and, perhaps, the children will behave more quietly. But there is no guarantee: children's screams rarely exceed permissible noise standards, and playing and talking in your apartment at any time is not prohibited by law.

Having discovered a violation of the rights or cruel treatment of a minor, citizens can submit a written appeal to the POiP. After this, the manager appoints an inspection, as a result of which the issue of registering the family, depriving or limiting parental rights, bringing to administrative or criminal liability will be decided - it all depends on the situation.

If you do not know how to file an appeal and protect the interests of a child, contact our lawyers. They will help you prepare any documents, advise on all issues and do everything to solve the problem. Tell your friends:

Procedure for guardianship authorities after receiving a complaint

The consideration of complaints from citizens is regulated by Federal Law No. 59. According to the law, an application received by the authorized bodies will be considered within 1 month from the date of registration. In exceptional cases, the period is extended, but not more than 30 days. The applicant will be notified of the response.

The time it takes to consider a complaint largely depends on the accuracy of the information provided. Each point is carefully studied. Then, within 3 days, guardianship officials will be required to check the information personally. If during the examination of living conditions and conversations with neighbors, parents and teachers, no deviations from the norm are revealed, then the case will not be allowed to proceed.

According to information provided by PLO officers, many of the statements are the result of a quarrel. Often parents or guardians, having had a fight with a neighbor, teacher or relative, receive a similar complaint in retaliation. Authorized authorities have to check it and waste their time in vain. The family that has been slandered will have the right to file a lawsuit for providing false information.

If real facts of beating, intimidation, or sexual violence are revealed, then the authorized bodies will be obliged to immediately remove the child, since leaving him to continue to remain in such conditions means putting the life and health of a minor in direct danger. The guardianship authorities do not have the right to do this, otherwise the representatives will be held responsible for this. The child will be temporarily placed in a special institution for maintenance. Within a week, PLO employees must notify the prosecutor's office of the actions taken and write a statement of claim for deprivation of parental rights.

According to social workers, children can be left in some cases, for example, when the parents actually have no money, or they are drunk, if there is confidence that the situation will be corrected. A curator from the guardianship authorities will be appointed over the family. He will periodically come for inspections without warning, give useful recommendations and keep a report on the work done.

If we are talking about appointed representatives of the PLO (guardians, trustees) who abuse their duties, then the guardianship will be terminated and the child will be returned to the shelter. Such persons have the right to appeal, but filing a claim is usually pointless. Social workers only remove a guardian or trustee from the position of a guardian or trustee if there is strong evidence

Replenishment

And last year we noticed that the child and mother were again at home during the daytime. Fortunately, they made almost no noise, she just periodically shouted at him, and he snapped. He’s almost 6 years old, he’s big!

I must say that in front of their father, the children did not make noise, but only roared. Except for those cases when he galloped like a horse along with them - whether he was drunk or, conversely, sober, I cannot judge.

After living like this for about two months, I still couldn’t stand it and one day on a weekend I went up to my neighbors with a warning:

My stomach is swollen. Her face turned pale and stretched out: “Well, we can resolve the issue first in an amicable way,” she babbled. I replied that this was an option in an amicable way: I was only warning for now.

What do you think? A week later the family moved out. We breathed a sigh of relief.

What living conditions are considered inappropriate for raising children?

Every child deserves decent living conditions. Parents are obliged to make sure that their child does not need anything. When the father and mother fail to fulfill their responsibilities, strangers who notice this can contact the relevant authorities by filing a statement.

This document can outline all suspicions regarding the lack of proper care for a child who has not yet turned eighteen years old. It can be written if parents are not raising their own child.

These reasons may become the basis for intervention in the family by authorized bodies to take appropriate legal actions

In particularly serious cases, a statement from a stranger may lead to the removal of children from the family. Please note that cases of physical, mental and sexual violence are especially dangerous.

They fall under Article 156 of the Criminal Code of the Russian Federation. If during the investigation it turns out that children have indeed become victims of any form of violence, then the unfortunate parents or guardians will face a fine, subsequent deprivation of parental rights, as well as criminal liability under the relevant article. The punishment for bullying will be very serious.

Failure to fulfill basic parental responsibilities can also result in punishment. For example, if the parents did not provide the child with proper living conditions.

Another reason for depriving a mother and father of parental rights may be non-participation in the child’s life or abuse of their own rights. It's no secret that in our country there are many families whose children live in socially unfavorable and sometimes dangerous conditions.

Often they don't even have their own room. Such a “corner” is necessary, since the child needs to rest, play, do homework, so that no one bothers him at this moment. Some unfortunate parents do not at all ensure that the child follows a daily routine, eats properly, and lives in comfortable conditions.

It should be noted that an examination of the living conditions of disadvantaged families can have the proper impact on parents in order to improve the lives of their children. In especially severe cases, children are removed from such unfavorable conditions

Housing conditions that are unacceptable for raising and living a child:

the apartment or house is in very poor condition. The point is that the floor, ceiling, walls need repair. Insufficient heating and lack of regular ventilation of the premises can also cause the relevant authorities to visit the family; the minor child does not have his own room. There are cases when parents cannot provide their child with minimal living conditions. We are talking about a place to sleep, prepare lessons, play, and also relax; parents are unable to ensure the availability of food products that are necessary for a healthy daily diet; mother and father do not buy toys for their child. Even the simplest soft toys and construction sets are enough for him; lack of required school supplies; Parents do not provide their child with personal hygiene products. These include soap, shampoo, deodorant, toothbrush and toothpaste; lack of cleanliness in the bathroom; Mom and dad don’t buy seasonal clothes for their child. We are talking about winter, spring, autumn and summer clothes; If you have pets, the apartment or house is not kept clean. Conditions for keeping cats and dogs are ignored

Cages, aquariums, terrariums located on the territory of the living area where the child lives must be clean. This is important to ensure safety for a minor child; there is no free entry and exit from the house or apartment; when visiting the living space, the relevant authorities pay attention to the condition and appearance of the mother and father, as well as all living relatives. If some of them are intoxicated, then the baby from such a family can be immediately taken away; if parents have not ensured the proper level of safety in their home, then they may also be deprived of their rights. For example, if a minor’s access to dangerous household items, medicines, electrical appliances, gas, and so on is not prohibited.

Sample characteristics for a dysfunctional family

Parents - Last name, first name, patronymic, date of birth, education, place of work, contact phone number of each.

Other family members - Last name, First name, Patronymic name, date of birth, education, place of work, contact phone number (if any).

The family lives in a private house at... The house has one room and a kitchen. The child's sleeping area is fenced off with a closet. The heating is by stove, there is no running water. The condition of the housing is unsatisfactory: the house is dirty, the premises are cluttered, and repairs are required. The child does not have a desk and uses the kitchen table to do homework. The atmosphere is not conducive to the favorable living and development of children.

The family is experiencing financial difficulties. The level of material support is below the subsistence level. The child is not provided with basic things. Poorly dressed, not enough stationery for studying.

Parents abuse alcohol and often conflict with each other. The emotional climate in the family is difficult. The permissive type of education dominates. The psychological atmosphere in the family is not stable, difficult, the mother and father devote little time to the child, do not control attendance at classes, doing homework, and do not educate.

The child is withdrawn, passive, does not communicate well, and has speech spectrum disorders. He has no friends in class and is often the object of ridicule from other children. The child is inattentive, not interested in learning, and often misses classes. He does his homework irregularly and his academic performance is low.

Parents do not monitor educational activities and are not interested in the child’s achievements.

Parents do not appear at parent-teacher meetings and rarely have contact with the teacher. They react negatively to comments from the class teacher.

The class teacher spoke with the parents several times, visited the family, and attempts were made to provide pedagogical and psychological assistance to the child and parents. However, no changes are observed.