Experience of implementing foster care in some foreign countries

L. Leshanych
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Abstract

It is indicated that child homelessness is a very urgent problem in many countries of the world. Unfortunately, Ukraine is not an exception.The history of the development of patronage in Ukraine has a long history. Foster care sometimes existed as an alternative form of education for orphans and children deprived of parental care, and then disappeared for decades. Perhaps this was the reason for such a low level of legislative regulation.A foster family is a form of temporary placement of children who have found themselves in a difficult life situation, with the aim of rehabilitation, change of situation in the native family, and in case of impossibility - transfer for adoption. The purpose of this form of education is to realize the child’s priority right to life and upbringing in the family, which are enshrined in the UN Convention on the Rights of the Child. A foster family is an alternative form of upbringing, which is used when, due to objective reasons, the application of adoption or guardianship is impossible. A child is transferred to a foster family on the basis of a civil law contract, and in some countries an employment contract is additionally concluded between the foster carer and the child placement service.It is noted that a child under foster care is a child who has not reached the age of sixteen, who is cared for by providing all the necessary conditions for life and development, a person who is not the child’s father, but who is responsible for the child. The appointment of a certain person as a foster carer, as well as the deprivation of this status, is documented. At the same time, social agencies are obliged to provide potential foster carers with information about their rights and the procedure for appealing the decision.The article describes the experience of foster parenting in some foreign countries in which legislative regulation of foster relations characterized by a rather high level (the UK , France, Sweden). Practice shows that patronage in Ukraine has a narrow range of applications due to significant gaps in the law, and certainly not conducive to combat the serious problem of street children as. According to the analysis of legal regulation of foster parenting in some foreign countries and foster care in Ukraine , recommendations indicated the positive elements that could usefully borrow to improve legal regulation of foster relations in Ukraine.
国外实施寄养的经验
报告指出,儿童无家可归在世界上许多国家都是一个非常紧迫的问题。不幸的是,乌克兰也不例外。乌克兰的赞助发展历史源远流长。寄养有时作为孤儿和失去父母照顾的儿童的另一种教育形式存在,然后消失了几十年。也许这就是立法监管水平如此之低的原因。寄养家庭是对生活困难的儿童进行临时安置的一种形式,其目的是使其康复,改变原住家庭的情况,在不可能的情况下,将其移送收养。这种教育形式的目的是实现《联合国儿童权利公约》所规定的儿童在家庭中生存和成长的优先权利。寄养家庭是另一种抚养形式,当由于客观原因不能申请收养或监护时,采用寄养家庭。儿童在民法合同的基础上被转移到寄养家庭,在一些国家,寄养照料者和儿童安置服务机构之间还签订了雇佣合同。值得注意的是,寄养儿童是指未满16岁的儿童,通过提供生活和发展的一切必要条件来照顾他,他不是孩子的父亲,但对孩子负有责任。指定某个人作为寄养照料者以及剥夺这一地位的情况都有记录。与此同时,社会机构有义务向潜在的寄养照料者提供有关其权利和上诉程序的信息。本文介绍了国外一些国家(英国、法国、瑞典)对寄养关系的立法规制水平较高的寄养家庭的经验。实践表明,由于法律存在重大漏洞,乌克兰的庇护适用范围很窄,而且肯定不利于打击街头儿童的严重问题。通过对国外寄养法律规制和乌克兰寄养法律规制的分析,建议指出了乌克兰可以借鉴的积极因素,以改善乌克兰寄养关系的法律规制。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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