In the state Duma a bill amending the procedure for the removal of a child from a family under direct threat to his life or health, the correspondent of “Rosbalt”.
the initiative of the Deputy of the state Duma Pavel Krasheninnikov and Senator Andrey Klishas. The bill is designed to consolidate industry laws the constitutional principle of priority of interests of the child. Thus, the amended Constitution States that children are the most important priority of Russian state policy.
the Current version of article 77 of the Family code establishes the administrative procedure for a child when there is a direct threat to his life or health on the basis of the act of the Executive authority of the constituent entity of the Russian Federation or the head of the municipal formation if the law of the subject of the Russian Federation local self-government bodies vested with the guardianship in accordance with Federal laws.
Deputies believe that such an order threatens tyranny and entail undesirable interference in the Affairs of the family. They propose to return to the procedure that was used in Soviet times and were allowed to take the child from the family only by court order.
the Bill proposed to produce the child at direct threat to his life or health as a General rule on the basis of the decision of the district court, rendered in special proceedings. It is proposed that the matter of the removal of the child was considered under the statement of body of guardianship and guardianship or the authority of the interior court of the place of actual stay of the child. In a closed court session with the obligatory participation of the representative of body of guardianship and guardianship, of the internal Affairs and the Prosecutor will have the right to engage parents or other persons, which is in charge of the child. The bill also includes the participation of the child, if possible and necessary, and the participation of other stakeholders (e.g. relatives child).
the Bill proposes to make consideration of the removal of the child accelerated. The statement of body of guardianship and guardianship body or internal Affairs body for the removal of the child would be subject to review by the court within 24 hours of receipt of the application.
At the same time, in special, exclusive cases, administrative withdrawal of the child from the family can be used as a measure of immediate response. Projected paragraph 2 of article 77 of the family code provides that in exceptional cases, if there is reason to believe that the death of a child can occur within a few hours, the body of guardianship and trusteeship with the participation of the Prosecutor and the internal Affairs body can produce the removal of the child from parents (one of them), adoptive parents or other persons in charge which he is, making the act of removal of the child indicating the circumstances, evidence of direct threat to the life of the child. In such cases, actions of body of guardianship and guardianship can be challenged by the parents (one of them), adoptive parents or other persons which takes care of the child, in the order established by the procedural legislation.
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