On approval of the Rules for the Exercise of the Functions by the State in Custody and Guardianship

New Unofficial translation

Decree of the Government of the Republic of Kazakhstan No. 382 dated March 30, 2012

      Unofficial translation

      In accordance with paragraph 3 of Article 120 of the Code of the Republic of Kazakhstan dated December 26, 2011 “On Marriage (Matrimony) and Family”, the Government of the Republic of Kazakhstan HEREBY DECREES AS FOLLOWS:

      1. That the attached Rules for the Exercise of the Functions by the State in Custody and Guardianship shall be approved.

      2. This decree shall become effective from the day of the first official publication.

      Prime Minister  of the Republic of Kazakhstan K. Massimov 

  Approved by
Decree of the Government of the
Republic of Kazakhstan
No. 382 dated March 30, 2012

Rules for the
Exercise of the Functions by the State in Custody and Guardianship
1. General provisions

      1. These Rules for the Exercise of the Functions by the State in Custody and Guardianship by the State are developed in accordance with the Code of the Republic of Kazakhstan dated December 26, 2011 “On Marriage (Matrimony) and the Family” and determine the procedure for the implementation of the state functions in custody and guardianship of minors and adults through local executive organs.

      2. The functions of the state in custody and guardianship are one of the directions of state policy, the purpose of which shall be to protect the property and personal non-property rights of citizens who need special forms of protection of their rights and interests.

      3. The functions of the state in guardianship and custody shall be implemented in order to protect the rights and interests of minors, including orphans and children deprived of parental care, who are in need of adoption, of transfer to a foster family, to establish guardianship or custody over them, patronage, as well as orphans, children deprived of parental care, who are under guardianship or custody, under the patronage, and those brought up in organizations for orphans and children left without parental care.

      Footnote. Paragraph 3 as amended by Decree of the Government of the Republic of Kazakhstan No. 615 dated October 24, 2016 (shall be enforced from 01.01.2017).

      4. Guardianship or custody shall be also established to protect property and personal non-property rights and interests of legally incompetent or partially incapable adults.

2. Procedure for the exercise of the functions by the state in custody and guardianship

      5. Coordination of activities and organization of interaction between state bodies and organizations in custody and guardianship over minors shall be carried out by the authorized body in the field of protection of the rights of children of the Republic of Kazakhstan, and for adults - through the authorized bodies of social protection of the population.

      Footnote. Paragraph 5 as amended by Decree of the Government of the Republic of Kazakhstan No. 312 dated 04.25.2015 (shall be enforced from the date of its first official publication).

      6. The local executive bodies of districts, cities of oblast, republican significance, of the capital shall exercise the state functions of guardianship and custody in relation to minors through the authorized bodies of education and health, in respect of adults - through the authorized bodies of social protection of the population (hereinafter referred to as the body).

      7. In the manner prescribed by law, the body shall provide protection of the rights and interests of children through:

      1) participation in the court when considering cases related to the deprivation or limitation of parental rights, restoration of parental rights, cancellation or invalidation of adoption, recognition of marriage of a prisoner with a minor, invalid, restriction or deprivation of the minor’s right to dispose of money independently, as well as other cases in accordance with the Code of the Republic of Kazakhstan “On Marriage (Matrimony) and Family”;

      2) the solution of the issues of assignment or change of the surname, name of minors in cases provided for by the legislation of the Republic of Kazakhstan;

      3) the initiation of claims for the deprivation or restriction of the parents or one of their parental rights, for the cancellation of the adoption or for invalidation of the adoption, if the adoptive parent improperly fulfils his/her duties of raising a child and caring for him/her, limiting or depriving the minor of the right to dispose of money independently, as well as in cases stipulated by the legislation of the Republic of Kazakhstan , when the interests of the child require it;

      4) the issuance of permissions to visit a child to parents deprived or limited of parental rights, if this does not adversely affect the child;

      5) the immediate removal of the child from the parents or from other persons in whose care he/she is, with a direct threat to the life of the child or his/her health on the basis of an act of the local executive body of the district, city of regional, republican significance, the capital, before a court decision is made;

      6) representation of the legitimate interests of orphans and children left without parental care who are under guardianship, in foster care, transferred to a foster family, as well as to organizations for orphans and children left without parental care, in relations with by any persons (including in the courts) if the actions of the guardians or foster parents, foster carers to represent the legitimate interests of the wards are contrary to the laws of the Republic of Kazakhstan or the interests of the wards, or if the guardians or foster parents do not protect the legitimate interests of the wards;

      7) the organization of the work to identify orphans and children left without parental care, children in difficult situations;

      8) resolving disagreements between parents on issues related to the upbringing and education of children;

      9) carry out other actions provided for by the legislation of the Republic of Kazakhstan to protect property and personal non-property rights, interests of minors and adults.

      Footnote. Paragraph 7 as amended by Decree of the Government of the Republic of Kazakhstan No. 615 dated October 24, 2016 (shall be enforced from 01.01.2017).

      8. The body shall organize activities for the registration of orphans and children left without parental care, based on the specific circumstances of the loss of parental care, based on their interests, shall ensure the choice of the form of placement of children and subsequent monitoring of the conditions of detention, upbringing and education.

      8-1. The body shall form the republican data bank of orphans, children left without parental care, and persons who want to take children to their families.

      Footnote. The rules have been supplemented by paragraph 8-1 in accordance with Decree of the Government of the Republic of Kazakhstan No. 615 dated October 24, 2016 (shall be enforced from 01.01.2017).

      9. Protection of the rights and interests of orphans, children left without parental care shall be carried out by the body in the manner prescribed by the legislation of the Republic of Kazakhstan by transferring them to foster care (adoption, guardianship or patronage, foster family), and in the absence of such an opportunity - to the organization of all types for orphans, children without parental care.

      For this purpose, the body shall:

      1) prior to the resolution of the issue of placing orphans and children without parental care in custody (adoption), adoption, foster care, in a foster family or organization for this category of children ensure their temporary placement;

      2) keep records, select and prepare citizens who have expressed a desire to take orphans and children left without parental care for guardianship (foster care), patronage, foster care, guest family, adoption by providing the necessary methodological, psychological and legal assistance ;

      3) conduct a survey of the living conditions of orphans and children left without parental care, as well as persons applying for their upbringing;

      4) draw up an inventory of the property of orphans and children left without parental care;

      5) send a letter of protection to the justice authorities prohibiting transactions with respect to real estate owned by orphans and children left without parental care;

      6) manage the property of orphans and children left without parental care, under guardianship or patronage, transferred to a foster family or brought up in organizations for orphans and children left without parental care, as well as control over the safety of this property;

      7) give permission to the guardian or foster parent to make transactions of alienation, including the exchange or donation of property of the ward, or to conclude on his/her behalf a contract of guarantee, rental of housing (rental), for free use or as a pledge, transactions involving the abandonment of property the ward of rights from the inheritance by law and by will, the division of his/her property or the allocation of his/her share from it, as well as any other transactions involving a decrease in the property of the ward;

      8) determine how the funds received by the guardian as a result of these transactions are spent;

      9) appoint guardians or foster parents and issue them a certificate of the established form;

      10) appoint and pay monthly money for the maintenance of orphans and children left without parental care, under guardianship and custody, under patronage and transferred to the foster family;

      11) exercise control over the activities of guardians and foster parents, foster carers as well as organizations in which orphans and children left without parental care are brought up;

      12) consider complaints against the actions of guardians and foster carers, foster parents;

      13) give permission to the guardian or foster parent, his/her spouse or relatives, the adoptive parent to pay the ward's debts arising prior to the appointment of the person as a guardian or a foster carer, a foster parent;

      14) give permission for separate living of the trustee with the ward who has reached sixteen years of age, provided that this does not adversely affect the education and protection of the rights and interests of the ward;

      15) at least once every six months, request reports from guardians on the health status of the ward and work on his/her upbringing, as well as on the management of property belonging to a minor, according to the Appendix to these Rules;

      15-1) at least once every six months, request from foster parents a report on the state of health of orphans, children left without parental care, and work on their upbringing, as well as a report on the expenditure of funds allocated for the maintenance of children- orphans, children left without parental care transferred to a foster family, and to manage their property;

      16) remove guardians or foster carers, foster parents from the performance of their duties in cases of improper performance, including when they use guardianship or custody for personal gain or leaving the ward without supervision and necessary assistance, and take the necessary measures;

      17) submit to the court a conclusion on the conformity of adoption to the interests of the child;

      18) at least once a year, request reports on the living conditions, training, education and health status of the adopted child;

      19) reveal the consent of the child, who has reached the age of ten, to place him/her in the family, to conclude a transaction in relation to his/her property and explain the significance of these procedures in an accessible form for the minor.

      Footnote. Paragraph 9 as amended by Decree of the Government of the Republic of Kazakhstan No. 615 dated October 24, 2016 (shall be enforced from 01.01.2017).

  Appendix
to the Rules for the Exercise of the Functions by the State in Custody and Guardianship

Report of the guardian (foster parent)

      FULL NAME. Guardian or foster parent, residential address

      1. Information about the ward (since what time is in the family, reasons for being).

      2. Housing and living conditions, a description of the housing (who owns the housing).

      3. Relationships in the family.

      4. Availability of a room, a special private place for the ward.

      5. Personal movable and immovable property of the ward (its condition, who is the guardian of real estate, if any, who lives in the apartment of the ward, if any).

      6. Features of the ward:

      1) education: successes, problems, (indicate which institutions of additional education the child attends);

      2) state of health: physical development, problems, measures taken, annual medical examination.

      7. Information about the ward’s income

type of income

amount monthly


1

2

3

4

5

6

7

8

9

10

eleven

12

alimony













allowance for the maintenance of the ward













monthly
insurance payments













heritable
cash
or donated cash













income from renting out residential space














      8. Information on expenses of the ward

type of income

amount

date

purchase of food products for the reporting period



purchase of clothes, shoes



purchase of hygiene products
essentials



purchase of medicines, care products



payment for household services (repair of clothes, shoes)



purchase of durable goods
(please indicate what exactly)



monthly contributions (for educational needs, durable goods)




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