LEGAL ASPECTS OF THE FUNCTIONING OF FOSTER FAMILIES AND FAMILY-TYPE CHILDREN'S HOMES: PROBLEMS AND WAYS OF IMPROVEMENT

Abstract

The article analyzes the legal regulation of the activities of foster families and family-type orphanages (FBOs) in Ukraine with an emphasis on the problems of placing orphans and children deprived of parental care in family forms of upbringing. One of the main problems is providing housing to foster parents of FBOs. Some of them are forced to take children into their own homes, which creates financial responsibility for the caregivers themselves, since there are no guarantees of compensation for expenses in the event of termination of FBOs or the arrival of the children of majority.The issues of the legal status of foster parents after the termination of FBOs, when they are forced to vacate their official housing, which creates additional difficulties, especially in the absence of other housing, are also considered.The problem of insufficient effectiveness of programs for the social adaptation of orphans after they reach adulthood is emphasized, which leads to the lack of housing and employment, which complicates their lives.Additional attention is paid to the legal status of persons who perform the functions of upbringing in foster families and FBOs. It turns out that these persons do not have the full range of rights as biological parents, which creates legal uncertainty and risks for children. The article suggests the possibility of improving legislation, in particular, introducing guarantees to ensure the stability of the legal status of foster parents.Attention is paid to the analysis of the draft legislative amendments to improve the mechanisms for protecting the rights and interests of orphans, children deprived of parental care, children in difficult life circumstances, and other vulnerable groups of children, especially in terms of the need to clarify the concept of "specialized foster families" that will work with children with special needs. The article also suggests areas for improving legislation to ensure the comprehensive development of children with functional limitations in the family environment.In general, the need to improve legislation in the field of family upbringing is emphasized to ensure proper support for educators and children, as well as to create a stable legal basis for the effective functioning of family forms of upbringing in Ukraine.