The State Duma Committee on State Building and Legislation recommended the adoption in the first reading of a bill on the procedure for removing a child from a family with an immediate threat to his life. This was reported by the press service of the committee.
“The bill is aimed at solving the problems caused by the lack of transparency of the existing mechanism for removing children from families in the event of a threat to the life and health of the child. Currently, there are many examples when the existing procedure for the removal of children leads to tragedies and harms their interests. It is necessary to streamline this process and exclude abuse. The proposed bill will ensure fairness and increase transparency and objectivity in the consideration of such cases,”the statement of the chairman of the committee Pavel Krasheninnikov reads.
At the moment, the current extrajudicial procedure for removing a child from a family, provided for in Art. 77 of the Family Code of the Russian Federation, does not guarantee the absence of abuse by the guardianship and guardianship authorities, despite their obligation to notify the prosecutor and appeal within seven days with a claim to the court for deprivation or restriction of parental rights. Such guarantees, in the opinion of the authors of the draft law, can be provided exclusively by the judicial procedure for considering the case.
In this regard, the document proposes to establish that the issue of the removal of the child is within the jurisdiction of the court. According to the bill, in case of an immediate threat to the life or health of a child, it should be carried out on the basis of a decision of a district court, issued in a special procedure. The court session will be held with the obligatory participation of a representative of the guardianship and guardianship authority, a prosecutor, as well as parents (or other persons in whose care the child is), a public defender, and, if necessary, other interested persons (for example, a psychologist) and the child himself, if his participation is possible.
At the same time, in special situations, as a measure of immediate response, the administrative procedure for the removal of a child is preserved - when a delay can lead to his inevitable death. The bill provides that in such a situation, the guardianship and guardianship body with the obligatory participation of the prosecutor and the internal affairs body will be able to seize the child by drawing up an act indicating all the circumstances.