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Main Documents About the organization of foster homes for citizens of advanced age and disabled people in the Rostov region
Legislative assembly of the Rostov region
The regional law of Nov. 19, 2009 No. 320-ZS
The current version with changes of Apr. 28, 2020

About the organization of foster homes for citizens of advanced age and disabled people in the Rostov region

REGIONAL LAW

ABOUT THE ORGANIZATION OF FOSTER HOMES

FOR CITIZENS OF ADVANCED AGE AND DISABLED PEOPLE

IN THE ROSTOV REGION

 

Accepted

Legislative assembly

November 11, 2009

 

The present Regional law is directed to improvement of quality of life of citizens of advanced age and the disabled people needing social support and prevention of social loneliness.

 

With t and t I  1. Subject of regulation of the present Regional law

 

The present Regional law regulates the legal relationship connected with the organization in the Rostov region of foster homes for citizens of advanced age and disabled people, establishes the size of the monthly reward which is due to the person who showed willingness to organize a foster home for citizens of advanced age and disabled people and also allocates executive bodies of municipal districts and urban districts in the Rostov region (further – local governments) with the state powers of the Rostov region for the organization of such foster homes.

 

With t and t I  2. The basic concepts used in the present Regional law

 

For the present Regional law the following basic concepts are used:

1) a foster home for citizens of advanced age and disabled people (further – a foster home) – the form of living arrangement and social support of citizens representing cohabitation of the person needing  social support and the person who showed willingness to organize a foster home;

2) the persons needing social support – lonely or living alone elderly citizens (women of 55 years are also more senior, men of 60 years also are more senior) and the disabled people (including disabled people since childhood) needing continuous or temporary assistance in connection with partial or full loss of an opportunity independently to satisfy the basic vital needs;

3) the person who showed willingness to organize a foster home – the full age capable citizen who showed willingness in common to live with the person (persons), the person in need (needing) social support, and appointed in the order established by the Civil Code of the Russian Federation, the assistant to the said person (said persons).

 

With t and t I  3. Tasks of state regulation of the organization of foster homes

 

Tasks of state regulation of the organization of foster homes are:

1) ensuring timely identification of the persons needing social support and their devices in a foster home;

2) protection of the rights and legitimate interests of citizens of advanced age and disabled people;

3) ensuring worthy standard of living of citizens of advanced age and disabled people;

4) ensuring the state support of the persons who showed willingness to organize a foster home.

 

With t and t I  4. Basic principles of state regulation of the organization of foster homes

 

State regulation of the organization of foster homes  is carried out according to the following principles:

1) free acceptance by the citizen of obligations for the organization of a foster home and free refusal of execution of these duties;

2) control of the organization of a foster home;

3) control over the implementation of terms of the contract about the organization of a foster home;

4) ensuring protection of the rights and legitimate interests of the persons needing social support.   

 

With t and t I  5. The circumstances interfering the organization of foster homes

 

The organization of a foster home is not allowed:

1) between close relatives (relatives on the direct ascending and descending line (parents and children, the grandfather, the grandmother and grandchildren), full and not full (having the general the father or mother) brothers and sisters);

2) between adoptive parents and adopted;

3) in case the organization of a foster home leads to the fact that the total area of the premises which are the joint residence of the person needing social support, and the person who showed willingness to start a foster home counting on each person living in these premises will appear less registration norm of the total area of premises established by appropriate authority of local government for acceptance of citizens on account as the living conditions needing improvement;

4) in the presence of the circumstances specified in Paragraph 2 of Part 4 and (or) Paragraph 2 of Part 7 of Article 6 of the present Regional law.

 

With t and t I  6. Organization of a foster home

 

1. The local government exercising control in the sphere of social protection of the population reveals the persons needing social support and takes measures for the organization of a foster home.

2. The person who showed willingness to organize a foster home files the written statement from itself personally (for living alone citizens) or on behalf of the family about desire to organize a foster home with the person (persons), the person in need (needing) social support, and about lack of the circumstances interfering according to the present Regional law of the organization of a foster home in the local government exercising control in the sphere of social protection of the population or to the multipurpose center of providing the public and municipal services (further – MFC) which has an agreement on interaction with the local government exercising control in the sphere of social protection of the population.

Forms of statements for desire of the person to organize a foster home are defined by the Government of the Rostov region.

3. The statement specified in Part 2 of the present article can be directed in electronic form with use of the Internet to the portal of the public and municipal services of the Rostov region.

The notice in electronic form of receipt of the statement, date and time of the address with the documents specified in Paragraphs 1 – the 3 and 5 Parts 4 of the present article is sent to the statement in electronic form to the person who showed willingness to organize a foster home.

4. For the organization of a foster home the following documents are submitted:

1) the Russian Federation citizen passport or other identity document of the person who showed willingness to organize a foster home, confirming accommodation (registration) in the territory of the Rostov region;

2) the certificate of absence at the person who showed willingness to organize a foster home, and all together with it the living members of his family of infectious diseases or mental diseases, drug addiction, toxicomania, alcoholism;

3) legal act of appointment as the assistant of the person (persons), person in need (persons in need) in social support;

4) point became invalid – the Regional law of 22.05.2017 No. 1055-ZS;

5) the written consent of all full age members of the family of the person who showed willingness to organize a foster home, on cohabitation with the person (persons), the person in need (needing) social support.

5. The person needing social support files the written statement about consent to organize a foster home with the person who showed the corresponding willingness and about lack of the circumstances interfering according to the present Regional law of the organization of a foster home in the local government exercising control in the sphere of social protection of the population, or in MFC. In case the person needing social support is a disabled person (including the disabled person since childhood), the corresponding data are specified in the statement.

The application form about the consent of the person needing social support to organize a foster home is defined by the Government of the Rostov region.

6. The statement specified in Part 5 of the present article can be directed in electronic form with use of the Internet to the portal of the public and municipal services of the Rostov region.

The notice in electronic form of receipt of the statement, date and time of the address with the documents specified in Paragraphs 1 – 2 and 4 Parts 7 of the present article is sent to the statement in electronic form to the person needing social support.

7. The person needing social support submits the following documents:

1) the Russian Federation citizen passport or other identity document of the person needing social support, confirming accommodation (registration) in the territory of the Rostov region;

2) certificate of absence of infectious diseases or mental diseases, drug addiction, toxicomanias, alcoholism;

3) point became invalid – the Regional law of 22.05.2017 No. 1055-ZS;

4) point became invalid – the Regional law of 28.04.2020 No. 317-ZS.

8. From the submitted documents specified in Parts 4 and 7 of the present article if necessary copies are made. The person who showed willingness to organize a foster home, and the person needing the social support having the right to submit the copies of necessary documents certified in accordance with the established procedure.

9. The local government exercising control in the sphere of social protection of the population or MFC within interdepartmental information exchange requests data on registration at the place of residence of the person needing social support, persons, who showed willingness to organize a foster home, and members of his family and about the size of total area of the premises occupied by them in the bodies providing public services, the bodies providing municipal services, other public authorities, local governments or subordinated to public authorities or local governments of the organizations participating in providing the public and municipal services.

The specified data can be submitted by citizens on the initiative.

The local government exercising control in the sphere of social protection of the population or MFC within interdepartmental information exchange requests the data on disability of the person needing social support which are available in the federal register of disabled people.

In case of lack of the corresponding data in the federal register of disabled people the person needing social support presents the certificate (the established sample) of disability, the individual program of rehabilitation or an abilitation (for disabled people) issued by establishment of medico-social examination.

10. The local government exercising control in the sphere of social protection of the population no later than 15 calendar days from the date of submission (receiving) of the documents necessary according to the present article for the organization of a foster home, taking into account the received decision of the psychologist about psychological compatibility of the person who showed willingness to organize a foster home, and the person needing social support signs the contract on the organization of a foster home or in writing informs the person needing social support and the person who showed willingness to organize a foster home, about impossibility of the organization of a foster home.

11. The contract on the organization of a foster home is signed between the local government exercising control in the sphere of social protection of the population, the person, which showed willingness to organize a foster home, and the person needing social support.

The contract on the organization of a foster home has to contain period of validity of the contract, the right and duty of the person who showed willingness to organize a foster home, in relation to the person needing social support, the rights and obligations of the local government exercising control in the sphere of social protection of the population in relation to the person who showed willingness to organize a foster home, definition of the joint residence of the person needing social support and the person who showed willingness to start a foster home, the size of the monthly reward which is due to the person who showed willingness to organize a foster home.

The contract on the organization of a foster home stops in case of identification of the circumstances specified in Article 5 of the present Regional law, written refusal of one of full age members of the family of the person who showed willingness to organize a foster home, from further cohabitation with the person needing social support and also on other bases provided by it the contract. In the contract on the organization of a foster family consequences of its termination have to be provided.

12. The order of the organization of a foster home and a form of the contract on the organization of a foster home are defined by the Government of the Rostov region.

 

With t and t I  7. The size of the monthly reward which is due to the person who showed willingness to organize a foster home

 

1. The monthly reward of 5000 rubles is paid to the person who showed willingness to organize a foster home for the account of means of the regional budget.

2. In addition to a monthly reward  are paid to the person who showed willingness to organize a foster home:

1) surcharge for the organization of a foster home in rural areas of the 500th ruble;

2) surcharge for the organization of a foster home for the second, third and fourth person needing social support of 1000 rubles for each person accepted in a foster home.

3. The order of payment of a monthly reward and surcharges to it is defined by the Government of the Rostov region.

4. Transfer to a foster home of money or property in the form of a gift, donation does not involve reduction of financing at the expense of means of the regional budget. Such money and property are not subject to withdrawal.

 

With t and t I  8. Powers of local governments for the organization of foster homes

 

The state powers of the Rostov region for the organization of foster homes for citizens of advanced age and disabled people (further – the state powers) are delegated to unlimited term to local governments.

 

With t and t I  9. The rights and obligations of local governments at implementation of the state powers

 

1. At implementation of the state powers the local governments have the right:

1) to receive the advisory and methodical help in public authorities of the Rostov region;

2) to dispose of funds and to use the material resources provided according to the present Regional law for implementation of the state powers;

3) to send offers on implementation of the state powers to public authorities of the Rostov region;

4) to appeal in court against written instructions of the public authorities of the Rostov region authorized to exercise control of execution of the state powers according to the present Regional law about elimination of violations of requirements of federal and regional laws concerning implementation of the state powers.

2. At implementation of the state powers the local governments are obliged:

1) to observe the Constitution of the Russian Federation, federal laws, the Charter of the Rostov region, regional laws and regulations of the Government of the Rostov region on implementation of the state powers;

2) to define the officials responsible for the organization of implementation and for implementation of the state powers;  

3) to provide target expenditure of funds and appropriate use of the material resources provided according to the present Regional law for implementation of the state powers;

4) to provide to the public authorities of the Rostov region authorized to exercise according to the present Regional law control of execution of the state powers, information, materials and documents connected with implementation of the state powers and also to send to the copy of the municipal legal acts adopted concerning the organization of implementation of the state powers;

5) to execute written instructions of the public authorities of the Rostov region authorized to exercise control of execution of the state powers according to the present Regional law about elimination of violations of requirements of federal and regional laws concerning implementation of the state powers;

6) to present to body the public authorities of the Rostov region authorized to exercise according to the present Regional law control of execution of the state powers, data on professionalism level (education, an experience of service or work) of candidates for appointment to the positions defined according to Paragraph 2 of the real part and also by their inquiries according to the federal law – personal data of the persons appointed to the corresponding positions.

 

With t and t I  10. The rights and obligations of public authorities of the Rostov region at implementation of the state powers by local governments

 

1. Public authorities of the Rostov region at implementation of the state powers by local governments have the right:

1) to give in the order established by Article 12 of the present Regional law, written instructions on elimination of violations of requirements of federal and regional laws concerning implementation of the state powers;

2) to request information, materials and documents connected with implementation of the state powers;

3) to render the advisory and methodical help.

2. Public authorities of the Rostov region at implementation of the state powers by local governments are obliged:

1) to control implementation of the state powers by local governments and also use of the funds provided on these purposes and material resources;

2) to consider appeals of natural and legal entities concerning inadequate implementation of the state powers by local governments;

3) to provide local governments with funds and material resources;

4) to consider offers of local governments and officials of local government on implementation of the state powers;

5) to provide to local governments by their inquiries information, materials and documents connected with implementation of the state powers.

 

With t and t I  11. Financial and material support of the state powers

 

1. Financial security of the state powers is carried out by granting subventions to local budgets from the regional budget.

2. The procedure of payments of subventions is defined on financial security of execution by local governments of the state powers by the regional law governing the interbudgetary relations of public authorities of the Rostov region and local governments.

3. The total amount of the subventions provided to local budgets for financial security of the state powers, and their distribution on each municipal unit are established by the regional law on the regional budget.

4. In case of need uses at implementation by local governments of the state powers of the material supplies which are in state ownership of the Rostov region, the list of subjects to transfer to use and (or) management or to the municipal property of the material supplies necessary for material support of the state powers is defined by the Government of the Rostov region according to the federal and regional legislation.

5. Local governments have the right in addition to use own material resources and funds for implementation of the delegated state powers in the cases and an order provided by the charter of the municipal unit.

 

With t and t I  12. Order of the reporting of local governments on implementation of the state powers and order of control of execution of the state powers

 

1. Local governments in connection with implementation of the state powers are obliged to provide in the public authorities of the Rostov region authorized to exercise according to the present Regional law control of execution of the state powers, monthly, quarterly and annual reports in terms and in a form, established by regulations of the Russian Federation and the Rostov region.

2. Control of execution of the state powers is exercised:

1) The government of the Rostov region – regarding participation of MFC performed by the state powers;

2) the Ministry of Labour and social development of the Rostov region – regarding execution of the state powers by local governments.

3. The public authorities of the Rostov region authorized to exercise control of execution of the state powers according to the present Regional law have the right:

1) to request from local governments and officials of local government information, materials and documents connected with implementation of the state powers;

2) to obtain oral or written information from local governments and officials of local government in connection with implementation of the state powers;

3) to consider in the order established by the Government of the Rostov region, data and the materials provided by Paragraph 6 of Part 2 of Article 9 of the present Regional law and if necessary to draw on them the conclusions;

4) to hear reports on the course of implementation of the state powers;

5) to appoint authorized officials for observation of implementation of the state powers;

6) to carry out legal expertize of the municipal legal acts adopted concerning the organization of implementation of the state powers;  

7) to carry out planned and unscheduled inspections of activities of local governments for execution of the state powers;

To give written instructions on elimination of violations of requirements of federal and regional laws concerning implementation of the state powers.

4. At detection of the facts of non-execution or inadequate execution by the officials defined according to Paragraph 2 of Part 2 of Article 9 of the present Regional law, the duties assigned to them heads of the public authorities of the Rostov region authorized to exercise according to the present Regional law control of execution of the state powers having the right to address the head of local administration with the offer on imposing of disciplinary punishments on guilty officials.

5. Control of use of the funds and material resources provided on the purpose of implementation by local governments of the state powers is carried out in the order established by the federal and regional legislation for the state financial control and control of use of the state property of the Rostov region.

 

With t and t I  13. Conditions and order of the termination of implementation by local governments of the state powers

 

Implementation of the state powers by local governments can be stopped:

1) by adoption of the regional law with simultaneous withdrawal of the provided subventions and material resources in cases:

a) significant change of the conditions influencing implementation of the state powers;

b) inappropriate use of budgetary funds by local governments;

c) violations of the Constitution of the Russian Federation by local governments, federal and regional laws and other regulations on the implementation of the state powers established by court;

d) identifications of the facts of inadequate execution by local governments of the state powers;

2) according to the decision of representative body of the municipal unit in case of recognition in court discrepancies of the present Regional law with the requirements provided by the Federal law "About the General Principles of the Organization of Local Government in the Russian Federation".

 

With t and t I  14. Entry into force of the present Regional law

 

The present Regional law comes into force since January 1, 2010.

 

 

Head of administration
(Governor) of the Rostov region      Century     . Forelock

 

 

Rostov-on-Don
November 19, 2009
NO. 320-ZS

 

 

Placed: On Jan. 4, 2015 17:50
Changed: On May 18, 2020 11:34
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