Draft bill #11311 of May 31, 2024

Sponsor: the Cabinet of Ministers

Status: sent for review to the Committee on Humanitarian and Information Policy

Who is affected: orphans, children deprived of parental care, family-type orphanages, foster families, and child services

Summary:

  • family-type orphanages will be reorganized into foster families
  • a foster family is defined as a family that voluntarily takes in orphans and children deprived of parental care for upbringing and cohabitation, including children temporarily displaced within or outside Ukraine
  • a foster family can have no more than six orphans or children deprived of parental care, with an exception if all the children placed in the foster family are biological siblings
  • a foster family can have no more than eight children in total, including orphans, children deprived of parental care, and biological children up to 23 years of age, with an exception if more than six biological siblings are placed in such a family
  • the Cabinet of Ministers can additionally define specializations for foster families
  • the decision to place a child in a foster family is made by the child services
  • foster parents cohabitating with three or more children placed under their care are given priority in receiving a house or a multi-room apartment. A standard agreement outlining the conditions for providing, using, and vacating the accommodation must be signed between the parents and the organization that provides the housing (for example, local government). The template of such an agreement must be approved by the Cabinet of Ministers
  • if the foster family’s operation is terminated, the parents must vacate the provided housing for other foster families. If they have nowhere else to live, they will be provided with another accommodation
  • orphans and children deprived of parental care who turn 16, as well as those forced to evacuate due to the war and lack housing in the territory controlled by Ukraine (or if their housing is destroyed), have the right to apply for social housing
  • family-type orphanages established before this law comes into effect will continue to operate as before and will be considered foster families regardless of the number of children. Thus, if there are more than six children, these children will stay.

Why this is important: the reorganization of family-type orphanages into foster families is a step towards creating an environment where children can have love and support. They will gain not only an example of family relationships (which is impossible in an orphanage) but also a more natural environment for development. Foster families are often better prepared to teach children the skills necessary for independent life.

What is right: limiting foster families to a maximum of six children ensures better quality care. Foster parents will have the opportunity to give more attention to each child, and the emotional bond will be stronger.