26 апреля 2017 года состоялось совместное заседании Рабочей группы по проведению всестороннего анализа правомерности практики изъятия несовершеннолетних из семьи и Общественного экспертного совета при Уполномоченном по правам ребенка в Орловской области, на котором был рассмотрен вопрос: «О правомерности отобрания несовершеннолетних детей из кровных семей в Орловской области». Цель мероприятия — анализ регионального опыта, выявление слабых точек и перекосов в правоприменительной практике принудительного разлучения детей с родителями.






Участники заседания единогласно утвердили Положение о Рабочей группе при Уполномоченном по правам ребенка в Орловской области по выявлению случаев неправомерного отобрания несовершеннолетних из семьи и случаев неправомерного вмешательства в дела семьи, а также по предотвращению указанных случаев. 

Уполномоченный по правам ребенка Поляков В. В. во вступительном слове обозначил важность рассматриваемой проблемы, рассказал о первых итогах рабочей группы по проведению всестороннего анализа правомерности практики изъятия несовершеннолетних из семьи. В нее вошли представители администрации области, Совета народных депутатов, руководители органов власти в сфере профилактики безнадзорности и правонарушений несовершеннолетних, образования, опеки и попечительства, охраны здоровья населения и социальной защиты. В дальнейшем группе предстоит продолжить проведение всестороннего анализа практики изъятия несовершеннолетних из семьи с точки зрения избыточно применяемых мер или неправомерного вмешательства в семью. Каждый случай отобрания ребенка из семьи будет исследоваться рабочей группой в рамках общественного контроля. Детский омбудсмен заверил, что в случае выявления признаков неправомерного или избыточного вмешательства в семью, рабочая группа будет предпринимать действия, направленные на возвращение ребенка родителям, вплоть до судебной защиты. 

По мнению Уполномоченного, основной проблемой при изъятии ребенка из семьи являются несовершенство законодательной базы, нормы которой позволяют при отобрании ребенка руководствоваться субъективным фактором. Социальные службы должны проводить реабилитационную работу с родителями, чтобы дать возможность вернуть ребенка в семью. 

В соответствии со статистическими данными в 2016 году в Орловской области были изъяты из семей 31 ребенок (в 2015 году — 57) в связи с угрозой их жизни и здоровью и в соответствии со статьей 77 Семейного кодекса поданы исковые заявления в суд об ограничении или лишении родителей родительских прав. 

Участники совместного заседания отметили, что в Орловской области, благодаря эффективной профилактической работе и своевременной помощи семье, в 2016 году случаев изъятия несовершеннолетних детей из семьи с точки зрения избыточно применяемых мер или неправомерного вмешательства в семью в Орловской области не было. Прокуратурой и судом не было отменено ни одного подобного решения. 

Члены рабочей группы обратили внимание на существующие проблемы, связанные, в частности, с отсутствием четкого определения понятия опасности и наличия непосредственной угрозы жизни и здоровья ребенка в семье, а также на расхождение статистических данных различных профильных ведомств. 

По итогам заседания были выработаны рекомендации: 

1. Продолжить ежемесячный мониторинг и анализ резонансных случаев отобрания детей из семей в Орловской области, оценивать правомерность действия специалистов органов — субъектов профилактики. Изучать условия и причины ситуаций, приведших к необходимости отобрания детей из кровных семей. 

2. Изучить практику работы органов местного самоуправления, органов системы профилактики по оказанию помощи семьям, попавшим в сложную жизненную ситуацию. 

3. По итогам 1-го полугодия изучить работу администраций детских социальных учреждений Орловской области по адаптации детей, изъятых из семей, поддерживанию ими связей с кровными родителями данных детей, их готовности к возврату ребенка в семью. 

4. В срок до 15 мая 2017 года изучить работу по подготовке к проведению летней оздоровительной кампании воспитанников детских социальных учреждений Орловской области. 

5. В срок до 15.06. 2017 года изучить практику работы социальных патрулей в городе Орле. 

6. Ежемесячно рассматривать на семинарах — совещаниях для специалистов органов опеки и попечительства вопросы о недопущении случаев неправомерного изъятия детей из семьи и пути решения данного вопроса. 

7. В период с мая по ноябрь 2017 года проводить семинары — совещания с руководителями социально- реабилитационных центров для несовершеннолетних, руководителями учреждений социальной защиты населения, специалистами по опеке и попечительству муниципальных районов и городских округов по вопросам профилактики семейного неблагополучия. 

8. На постоянной основе осуществлять выезды в районы области по вопросам профилактики социального сиротства и предотвращения случаев неправомерного изъятия детей из семьи. 

Данный вопрос будет находиться под постоянным контролем Уполномоченного по правам ребенка в Орловской области. 

В заседании принял участие руководитель Орловского регионального отделения Общероссийской Общественной организации поддержки инициатив Президента в области здоровьесбережения нации «ОБЩЕЕ ДЕЛО», исполнительный директор Общественного Фонда Парк «ПРЕОБРАЖЕНИЕ» Орловской области, руководитель Представительства Фонда «ДАНЬ ПАМЯТИ» имени Мусы Джалили в Орловской области В.М. Паскару.

 

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