Society

How to formalise guardianship over a child: algorithm of actions

Three out of four orphans and children deprived of parental care in Ukraine live in guardian/caretaker families. These are more than 45,000 children. This form of family upbringing is the most widespread in Ukraine. It is usually arranged by relatives or acquaintances of the child, Komersant ukrainskyi reports with reference to the press service of the Ministry of Social Policy.

The difference between guardianship and custody is that guardianship is established over children up to 14 years, and custody – from 14 to 18 years.

For convenience, the word “guardianship” is used in this material, but both guardianship and custody are implied.

Important:

– If a child is left without parental care, you do not have to wait until the child is granted orphan or neglected status to take him or her into your family. Relatives or acquaintances can use the mechanism of temporary placement and take the child to their homes immediately. And then they can apply for the child’s status and guardianship.

– Guardianship is not equal to adoption. Adoption is a family for the child forever, and the rights of an adopted child are equal to the rights of a biological child.

Algorithm of processing

– The candidate submits an application and documents to the Child Welfare Service (CWS) or on the Diya portal (5 working days for consideration)

– DCS checks the living conditions and draws up an inspection report (5 working days)

– DCS gives a referral for training (relatives are trained on request)

– The candidate/caregiver is trained at the regional Centre for Social Services

– The Centre for Social Services issues a certificate of training (5 working days)

– CCD takes the candidate/caregiver into account and prepares an opinion on the possibility of guardianship

– Raigosadministration, executive body of city, city district, village, settlement council or court makes a decision (1 month after submission of all documents)

– If the child lives in an institutional care facility – the child is reunited with the guardian’s family (15 days after the decision is made)

List of documents

– passport copy

– copy of the RNOCPP

– copy of the marriage certificate or extract from the State Register of Civil Status Acts

– copy of the document with a unique record number in the Unified State Demographic Register, if available

– certificate of salary for the last 6 months or declaration of income of FLP for the previous calendar year

– a document confirming the right of ownership or use of housing

– conclusion on the state of health of the candidate and spouse*

– certificates of a narcologist and psychiatrist for all those who live with the candidate*

– a statement of the candidate’s and spouse’s criminal record

– written consent of the spouse, certified by a notary public

– written consent of all adult persons living with the candidate (notarised or written in the presence of the SSD)

* servicemen (husband/wife of the candidate) can undergo a medical examination after returning from the frontline

During full-scale war, the procedure has been simplified for relatives

During martial law, the relative/s or godfather/mother who baptised the child before he/she was left parentless shall submit along with the application:

– a copy of the passport

– documents confirming family ties with the child

– certificate from a narcologist and psychiatrist

– a certificate of presence/absence of a criminal record*

* if it is impossible to obtain, you must submit a statement of absence of criminal liability, and the certificate – within one month after the end of martial law

How to apply through DIA

– Obtain a health report and certificates from a psychiatrist and a narcologist in advance

– Authorise on the Diya website

– Go to Services – Family – Guardianship/ custody: register as an applicant

– Enter residential address

– Enter spouse’s information, include his/her email address

– Enter details of the child for whom guardianship is being applied for

– Wait for the data to be retrieved from the registers (15-20 min), continue

– Enter details of everyone who lives with the applicant

– If necessary, add scanned copies of their documents

– Upload health certificate, psychiatrist’s and narcologist’s certificates

– Sign the application with an electronic signature and send it (spouse also signs the application using the link that will be sent to the specified e-mail address)

– Wait for a call from the SSD

Recall, as Komersant ukrainskyi informed, more than 13 thousand children have been left without parental care since the beginning of the war.

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