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Transferring a child (children) to a Host Family

Как получить услугу
Service provider
Individuals

Documents required for submission to the service provider:

  1. An application for the child's adoption into a host family.

  2. An identity card or an e-document from the digital document service (required for identification).

  3. Notary certified consent of the spouse, if married.

  4. Income statement for the past 12 months of the person wishing to adopt the child into the host family and/or the spouse, if married.

  5. Health certificates of the person wishing to adopt a child into a host family and/or spouse (if married), confirming the absence of diseases in accordance with the list approved by Order No. 692 of the Minister of Health and Social Development of the Republic of Kazakhstan dated August 28, 2015, "On approval of the list of diseases in the presence of which a person cannot adopt a child, accept him/her under guardianship or trusteeship or foster care." (registered in the Register of State Registration of Regulatory Legal Acts under No. 12127).

  6. Copies of documents confirming the right to use the home of the service recipient and/or spouse (if there is no real estate property ownership right).

  7. Marriage certificate (if married) or an e-document from the digital document service (required if the information is not available in the "Registration Point of Civil Registry Office" information system).

  8. A certificate of completion of training for individuals wishing to foster orphans and children left without parental care (excluding close relatives).

Результат оказания услуги

Notification of the conclusion of an agreement to transfer a child (children) to a host family and/or a reasoned response regarding the rejection to provide the public service.

Часто задаваемые вопросы
What can be the reasons for refusal to deliver the public service?

1) the service recipient is a minor;
2) the service recipient is declared legally incompetent or has limited legal capacity by a court;
3) the service recipient is deprived of parental rights by a court or has had their parental rights restricted by a court;
4) the service recipient is resigned from the duties of a guardian or trustee, foster parent, adoptive parent, or professional foster caregiver for improper performance of their duties imposed on them by the law of the Republic of Kazakhstan;
5) a court decision to revoke adoption due to the fault of the former adoptive parents;
6) the service recipient has illnesses that prevent them from fulfilling their duties as a guardian or trustee, foster parent, adoptive parent, or professional foster caregiver;
7) the service recipient does not have a permanent place of residence;
8) the service recipient is not a citizen;
9) the service recipient, at the time guardianship or trusteeship is established, has no income sufficient to provide the ward with the minimum subsistence level established by the legislation of the Republic of Kazakhstan;
10) the service recipient is undergoing dynamic observation in organizations providing mental health care;
11) the presence of an existing or former criminal record, or is or has been subject to criminal prosecution (with the exception of persons whose criminal prosecution has been terminated on the basis of paragraphs 1) and 2) of Part One of Article 35 of the Criminal Procedure Code of the Republic of Kazakhstan);
12) service recipients permanently residing in the territory of the Republic of Kazakhstan who have not undergone psychological training in the manner established by paragraph 4 of Article 91 of the Code On Marriage and Family (with the exception of close relatives);
13) the establishment of the inaccuracy of the documents submitted by the service recipient to receive the public service, and (or) data (information) contained therein;
14) the service recipient's failure to meet the requirements established by these Rules;
15) the service recipient's failure to provide consent, provided in accordance with Article 8 of the Law of the Republic of Kazakhstan "On Personal Data and Their Protection," to access sensitive personal data required for the public service provision;
16) the failure of a child who has reached the age of ten to consent to placement in a foster family;
17) the service recipient's living space does not meet the established requirements, being less than fifteen square meters per person;

Grounds for institution of an administrative procedure
  • appeal;
  • initiative of an administrative body or official.

 General requirements for the appeal

The appeal submitted in hard copy or electronic form shall indicate:

  • Full name, IIN, postal address of a natural person, BIN of a legal entity;
  • name of administrative body, official to whom the appeal is submitted;
  • the essence of an appeal;
  • date of filing an appeal;
  • signature of the applicant or his representative;
  • other information provided for by legislation of the Republic of Kazakhstan.

If the administrative procedure is on a paid basis, the applicant must submit a document confirming the payment.

! It is barred to reject the receipt of an appeal.

  1. Once the appeal is submitted, the applicant is issued a receipt containing a unique number, indicating the date and time, last name and initials, and the position of the person who received the appeal.
  2. In the case of non-compliance with the requirements established by Article 63 Code, the administrative body and the official shall indicate to the applicant the requirements the appeal does not comply with, and set a reasonable time limit for bringing it into compliance with the requirements.
  3. Before a decision is made on the administrative case, the applicant may withdraw the appeal on the basis of his written application.

Referring the appeal to an authorized administrative body and official

An appeal received by an administrative body and official whose authority does not include the consideration of this appeal, within no later than 3 working days from the date of its receipt shall refer it to the authorized administrative body and official, with simultaneous notification of the participant in the administrative procedure.

  1. The timeframe of administrative procedure is 15 working days from the date of receipt of an appeal.

! The laws may set the other timeframe for consideration of appeals (For example, according to the Law “On Access to Information” a reply to a written enquiry is provided within fifteen calendar days from the date of receipt of the information by the owner).

  1. The period of administrative procedure may be extended by a reasoned decision of the head of the administrative body for not more than 2 months, consistently the participant in the administrative procedure is notified within 3 working days from the date of extension.

A participant in the administrative procedure has the right to file a complaint the administrative action (inaction) related to the adoption of an administrative act.

If an administrative body and official within the timeframe has not adopted an administrative act or committed an administrative action, then commencing from the date of expiry it is considered that the administrative body and official rejected to adopt the administrative act or commit the administrative action.

The complaint is submitted to the administrative body and official whose administrative act and administrative action (inaction) is being appealed.

An appeal to the court is allowed after a pre-trial appeal. If the law provides for the possibility of going to court without the need to appeal to a higher authority, the administrative act, administrative action (inaction) of the administrative body and official is being disputed, along with the revoke, submit to the court a reasoned position of the head of the higher administrative body and official.

! The Administrative Procedure Code not always rules the procedure of complaint; the industry laws may contain statutes indicating the appeal of the decision in the court, without pre-trial appeal.

  1. A complaint against an administrative act, administrative action (inaction) is submitted to the administrative body and official no later than 3 months from the day when the participant in the administrative procedure became aware of the adoption of the administrative act or the commitment of an administrative action (inaction).
  2. If the deadline is missed for a good reason, at the request of the participant in the administrative procedure, it may be renewed by the body considering the complaint.
  3. Missing the deadline for submitting the complaint is not a basis for rejection to receive the complaint by the body considering the complaint.

! Other laws may establish a special procedure and deadlines for appealing the decisions.

The period for consideration of the complaint is 5 working days from the date of receipt of the complaint.

! Other laws may establish a different period for appealing the decisions of administrative bodies.

 

 

Source: Administrative Procedural Code of Republic of Kazakhstan,
The Law of the RK "On Public services"

Полное название
Transferring a child (children) to a Host Family
Получатели услуги
Individuals
Стоимость услуги

Free

Срок оказания услуги

10 working days

Услугу оказывает
Ministry of Education of the Republic of Kazakhstan
Место предоставления услуги
Department of Education of cities of republican significance and the capital, subdivisions of education of districts, cities of republican significance

Rules for public services provision

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