Some parents come up against situations at which bodies of guardianship often come and show nothing, apparently, not reasonable interest. And the interest of bodies can be shown also to ordinary families with safe conditions for children. What it is necessary to do to parents if to them guardianship authorities appeared suddenly?
For what reasons does guardianship take away children?
At once it should be noted that certain reasons do not exist today therefore occasions can be such:
- Call from neighbors;
- Complaint of teachers;
- Report of the doctor, etc.
Guardianship authorities are obliged to react to all signals as it is their duty regulated in the Family Code. Workers have to see how is to the child, however the bases to select children, do not register in detail in the code. Is only a mention at which employees are obliged to take away children if there is a threat for activity or health.
Who can take away children?
To take away children only three structures, and that only on the basis of the document have the rights:
- Representatives of structures of the power of execution;
- Bodies for guardianship/guardianship;
- Representatives of structures of local government.
Important point: they can take away children only on the basis of a certain act.
Whether it is necessary to open a door?
According to the current legislation the parents have the rights not to open a door. For example, in Article 25 of the Constitution regulating Inviolability of the personal house / apartment / dwelling it is told that nobody has the right to get into the place of residence of the person against his will. An exception are cases which are established to the Federal Law and also cases on the basis of the judgments. That is if employees came "because they were told that", then you should not open a door and if they have good reasons and the relevant documents, then the obstacle to their actions for check of the apartment is illegal.
Besides, it is possible to come into the apartment without court and decisions only when it is necessary to protect safety and life of people.
Therefore if there is no threat of life, it is possible not to open a door, and to refuse to service of guardianship (come later, the child sleeps). And to the next visit it is possible to contact the activists helping families. And they can be invited together with guardianship authorities.
Employees of guardianship are in the apartment. Actions of parents
The first that needs to be made is to learn the causes of their visit. That they need to check from whom they came what was given a signal, etc.
Lawyers advise to hold a similar conversation still before representatives of guardianship and guardianship come into the apartment. It is also necessary to check their documents and to rewrite from them all data. If there is an opportunity, it is possible to photograph in addition employees and their documents and also resolutions of court that the child will be taken away.
It is important to verify authenticity of documents. For this purpose it is necessary to contact authorities of guardianship and vessels to learn whether really comers work there.
So, employees came home that parents need to make:
- To ask employees to take off a street obuvka and clothes;
- To lock a door;
- To announce the important rules obligatory to houses (to wash hands, independently on the apartment/house not to go and td are observed.);
- Whenever possible to hold the child at itself on hands or just to hold the child by a hand that he was not taken without the knowledge of parents;
- To drive employees together that they did not go separately from each other;
- To write down a conversation on a dictophone.
That if the child has to be taken away
Important: if before reaches, then employees are obliged to show the act which needs to be photographed. Employees it is necessary to ask to be presented on the record device and also to announce orally the act and to explain all reasons according to which they need to select the child. Workers are obliged to provide the copy of the act, and with this document it is necessary to go to lawyers.
Employees can leave the child with parents, but then they are obliged:
- To draw up the inspection certificate of the apartment/house. Parents are given the copy of the act;
- To direct to carrying out inspections in the relevant medical institution.
- It is necessary to write the official letter to the director of a school/kindergarten in which it is necessary to demand that the child was given only to parents, or those who is stated in the letter;
- If workers allowed violations, it is necessary to write the corresponding complaint;
- To attract to the arisen problem of relatives, friends and the public. It is also possible to involve social networks.