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What is custody? Guardianship and trusteeship department: description, features, responsibilities

Have you ever thought about how orphans live? I mean, where did they get the money from, who is responsible for their actions, how is their life arranged? Everyone whom fate has saved from the orphanage has a guardian. This person is responsible for the baby. And what is custody? The term is legal, strictly defined. Let's see how it is carried out child custody and another citizen who controls it, as determined by the responsibility of all persons involved.

what is custody

Definition

Let's open the dictionaries. They understand what custody is. This is a special form of social protection for minor children and citizens who have lost legal capacity by court order. In such relations, two parties are involved. The first is named. These are children under the age of fourteen and people who, due to their physical condition, cannot be held responsible. More simply, such citizens are sick and do not orient themselves in life. They do not quite adequately perceive what is happening around.

These people are equated in their rights with children who are also unable to make the right, responsible decisions due to the lack of knowledge and experience. Guardianship of minors and other citizens is carried out by persons trusted by the state. Two points follow from this. First: these people make decisions regarding the wards. Secondly, they are obliged to prove to the state their integrity and reliability. There is a special procedure for this. It should be understood that the state as a whole is responsible for disabled citizens. But he does it through his representatives. Now it’s clear what custody is? If not at all, then let's figure it out further.

custody department

Identification of potential wards

In order not to leave people requiring special assistance without support, the state creates special bodies. They, as a rule, are formed in the structures of regional authorities. The custody department collects information about orphans, dysfunctional families, and so on. That is, his duties include monitoring and monitoring the situation in the jurisdiction. In practice, the custody department receives data on children from village councils. It is quite difficult to see what is happening in each family from the district center. Therefore, relations are being established with employees of local governments, schools, and concerned citizens. When a child gets into trouble, these people are involved in his affairs. They collect documents, pass them to the guardianship authority. In addition, those who know the situation often help to find a guardian. This is a responsible and rather delicate matter. Relatives of the child almost always become guardians. The decision is well-founded. The kid is used to his aunt or grandmother, does not experience additional stress. But in families sometimes conflicts arise over the personality of the guardian associated with the "selfish" interest. Therefore, the choice of the person responsible for the child is a serious and responsible matter.

family custody

Who can become a guardian

In legislation, this issue is discussed in detail. Custody of a child is entrusted to a person with a certain income, a normal state of physical and mental health, positively characterized by colleagues and neighbors. That is, the candidate must collect a whole package of documents. Just like that, the state will not give the child to anyone. In practice, everything happens a little differently, of course, in compliance with the law. Guardianship authorities of children who have lost parents are trying not to excommunicate.Judge for yourself, the child is already going through a huge tragedy. He is small (we repeat - up to 14 years). If it is also placed in unfamiliar conditions, then the stress will only intensify. This solution does not comply with the principle of protection of the psyche and health of the baby. Specialists try not to expose children to unnecessary torment. If a relative lives nearby who can be trusted with a child, then they leave him with him. At the same time, of course, they make sure that a person draws up all the documents properly. Children are sent to a specialized institution in extreme cases. It is not worth considering, relying on the horror stories published from time to time in the media, that the guardianship authorities of the district are a bunch of soulless people. They will not be able to work there for a week.

child custody

Cases when custody is appointed

Some practical information. Understanding what custody is, it is necessary to consider when a child loses parents. Unfortunately, this happens not only in the event of their death. By the way, orphanhood is one of the simplest examples. When both parents die, the trouble is enormous. But even worse, if they are alive, but do not engage in their own offspring. In such cases, people are deprived of parental rights. Consequently, they can no longer be held responsible for their own children. Social orphanhood - the so-called similar situations. They are also dealt with by the state through guardianship authorities. It is necessary not only to find a person who will replace the children of irresponsible, unlucky parents, but also protect them from their harmful influence in case of need.

custody of minors

Guardian Control

It’s not worth considering that the state is “knocking over” the child and forgets about it. The responsibilities of guardianship authorities are very wide. Specialists are responsible for children to the same extent as guardians. The first is charged with the responsibility of checking whether the second is trusted with reason. To this end, guardianship employees monitor the family. The methods are diverse. Employees require certificates from educational and medical institutions, visit the house where the child lives to personally verify that normal conditions are created for him. In addition, custody monitors the use of funds paid to the guardian. That is, that they are spent on the needs of the child, and not the desires of the adult. It is extremely important to do it all unobtrusively so as not to harm the baby. Because people are rude, illiterate, not loving children in such structures do not linger.

district guardianship authorities

Guardianship control

This function is assigned to employees of the prosecutor's office - a body called upon to protect the interests of citizens regardless of age. Control is one of the functions of the state. Prosecutors oversee the activities of the guardianship authority. In practice, they check documents for violations. If something is out of order there, then they are punished, it cannot do without it.

There is another type of informal control - public. Around the child are many caring people. On their own initiative, they look after how the guardian treats the baby. If they notice dishonesty or dishonesty in his behavior, they can report "where necessary." In principle, the government welcomes such activities. A few people working in the department of guardianship cannot catch everyone's attention. The help of the public is simply necessary.

child custody

Suspension Guardian

You should know some of the legal nuances of this type of relationship. Guardianship is executed by special agreement. If a person to whom the state has entrusted his little citizen does not cope with his duties, he is torn. This does not happen without consequences. After all, the guardian assumes certain obligations. In addition, he receives money for their execution. To clarify all the circumstances, a trial is held in which officials and members of the public participate. If the child was injured due to the guardian’s dishonesty, the case is referred to law enforcement. This is a very unpleasant situation for everyone.A specialist who chooses an inappropriate guardian will be punished. He must carefully and thoroughly examine the personality to which the child is transmitted. This is recorded in his official duties. Doubtful individuals must not be allowed to be trusted with custody. Families in which children are given must be prosperous.

Conclusion

We have sorted out what custody is. Only the uninitiated in these matters, it seems that only two sides are involved in such relationships. In fact, a lot of people are involved in the fate of a disadvantaged child. The state is creating a multi-stage system of control over the guardian. And this is done so that children do not suffer, but are brought up and live in normal, favorable conditions. Although it would be better if they were all with loving, contented and happy parents.


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