What is the difference between temporary placement and guardianship/custodianship?
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Temporary Placement:
- Purpose: To provide the child with proper living conditions and care until the circumstances regarding the parents or relatives are clarified.
- Circumstances of Application:
- The child is left without parental care, and the parents' whereabouts are unknown (e.g., due to military actions, loss of contact, etc.).
- Restrictions for Families Providing Temporary Placement:
- Prohibition on leaving the country with the child (except for close relatives such as siblings, grandchildren, stepchildren).
- Prohibition on conducting transactions on behalf of the child (e.g., sale and purchase agreements).
- Other restrictions (e.g., the child may be returned to their relatives if they reappear).
- Duration: Temporary, until the circumstances are clarified or the parents/relatives are located.
- Next Steps:
- The family taking the child may initiate guardianship, custodianship, or adoption procedures if the relatives do not reappear.
Guardianship/Custodianship:
- Purpose: To provide permanent care, upbringing, and legal protection for orphans or children deprived of parental care.
- Age Distinction:
- Guardianship: For children under 14 years old.
- Custodianship: For children aged 14 to 18 years.
- Responsibilities of the Guardian/Custodian:
- Ensure the child's living conditions, education, and development.
- Protect the child's civil rights and interests.
- Preserve and use the child’s property in their best interest.
- Powers of the Guardian/Custodian:
- Guardian: Conduct transactions on behalf of the ward.
- Custodian: Provide consent for the ward’s transactions.
- Represent the child in legal and other matters.
Key Differences:
- Temporary Placement:
- A temporary measure.
- The family does not have the powers of a legal representative.
- Guardianship/Custodianship:
- A permanent form of care.
- Guardians/custodians are legal representatives of the child and have a broad range of responsibilities and powers.
