How to get custody of my child with mother doing drugs

Can Addiction Make Me Lose Custody of My Child?

According to the National Center on Substance Abuse and Child Welfare, approximately 1 in 8 children live with at least one parent with a substance use disorder (SUD), a medical condition defined by the uncontrollable use of a substance despite negative consequences.¹Parents can lose custody of their child or children where substance abuse issues may impact the ability of the parent to provide shelter, food, and safety to a child as determined in court.

During a divorce or other custody cases, the court decides child placement arrangements by considering what’s in the child’s best interest.² Although state statutes may vary in terms of “best interest” determinations, there are several guiding principles that are typically used—all of which can be affected by substance use. For instance, a parent who struggles with substance abuse might also struggle to meet their child’s physical and mental health needs or provide shelter, food, and safety for their child. ²

Overview of Child Custody

Can you lose custody due to drug use? Are you guaranteed custody if you’re in a custody battle with someone who abuses substances? There’s not a simple answer. Custody is the delegation of parental responsibilities for a child under the age of 18.³ All decisions are made by a judge with the child’s or children’s best interests in mind. There are a few different forms of custody, including:^3,4,5

Legal custody. Legal custody describes who is responsible for making decisions about the child’s welfare. This includes school enrollment, medical care, and other legal consents.
Physical custody. This determines where the children will live.
Joint custody. Joint legal custody means shared decision making among the parents or guardians; joint physical custody refers to the child residing with each parent for specified amounts of time.
Sole custody. In this arrangement, only one parent or guardian maintains physical custody and/or legal custody. Sole physical custody means the child lives with one parent or guardian. Sole legal custody means that one parent or guardian makes the major decisions for the child and does not have to consult the other parent.

In many instances, custody might include a combination of these scenarios. One parent might maintain sole physical custody, but legal custody may be ruled to be a joint effort, for instance.

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Can Substance Abuse Affect Child Custody?

It is possible for a mother or father to lose custody of their child or children due to substance abuse. Parental substance use can affect a child’s academic, social, and family functioning, as well as the child’s safety and well-being, too.¹In child custody cases, the judge determines what is in the best interest of the child.²Drug courts get involved when substance abuse hinders a parent or guardian’s ability to care for a child or when the parent poses a danger to the child.⁶

In 2019, an average of 38.9% of children removed from the home were removed for substance-use-related concerns.⁷

Substance abuse from a welfare position is defined as a pattern of substance use that results in at least 1 of 4 consequences in the last 12 months, which may include: ⁸

Failure to fulfill parental, work, home, or school obligations.
Putting oneself or others at risk or harm (e.g., driving under the influence).
Substance-related legal problems, such as possession of illicit substances, for instance.
Continued substance use despite having persistent or recurrent interpersonal or social problems.

One of the major reasons children enter the foster care system is due to abuse or neglect associated with parental alcohol or drug abuse.⁸ But it doesn’t have to be for good. Child welfare workers partner with drug and alcohol treatment centers to help parents with substance abuse issues retain or regain a parental role in their child or children’s lives. Thus, as part of the Child Protective Services (CPS) investigation, alcohol and/or drug involvement is assessed through screening and in-home evaluations.⁸

At American Addiction Centers, our healthcare providers will work with you to provide treatment and care that works best for you and your family’s needs. Call us at An admissions navigator can discuss treatment options that meet your and your family’s unique needs.

How Does It Work if a Parent is in Recovery?

Most states have family treatment courts (FTCs), also referred to as family drug courts or dependency drug courts. These courts work with professionals in child welfare, substance recovery, mental health agencies, and the court system to embrace a collaborative approach to treating families with SUDs.⁹The goal is to help the individual with the SUD achieve safe, stable, long-term recovery; reunification with their child or children; and permanency.⁹

While each case is different, parents in recovery need to show the court that they have successfully completed an alcohol or drug treatment program, provide evidence of successful recovery—typically through drug tests and active participation in rehab treatment aftercare programs (which may include the support of recovery specialists and/or peers)—and proof that they can remain drug- and alcohol-free (usually with continued drug testing).¹⁰

Substance use treatment is essential to both the parent and child’s well-being.¹Early identification and treatment of substance abuse leads to more successful outcomes. ¹¹Therefore, for parents in treatment, child welfare, substance-use clinicians, and the court system consistently communicate with each other to monitor the individual’s progress through treatment.¹¹ From there, recommendations regarding custody may be made based on the parent’s recovery.¹¹

Can a DUI Affect Custody?

It depends. The determination is ultimately up to the judge presiding over the case, so the particulars matter.²For instance, a single DUI might affect a custody case differently than multiple DUIs, which might establish a pattern of reckless behavior in the court’s eyes.¹²Other factors that may influence the court’s decision regarding custody after a DUI is whether the child was in the vehicle at the time, blood alcohol concentration (BAC) level, and the overall seriousness of the DUI.¹²

Can Child Protective Services Take My Child Away?

While not every child, whose parent or caregiver misuses substances, experiences abuse or neglect, they are at an increased risk. ⁸In fact, a parent who abuses alcohol or drugs is considered a serious risk for child safety. Therefore, a child welfare worker might deem it best to place the child in foster care.⁸

According to the Adoption and Safe Families Act, a child placed in foster care will need a permanency plan within 12 months.⁸Maintaining the family unit is one of the guiding principles in determining what’s in the child’s best interest, so removing a child isn’t preferred.² It’s important to note that although courts work hard to keep children with their families, a parent may forfeit their parental rights if they refuse substance abuse treatment^.2,8

Take Our Substance Abuse Self-Assessment

Take our free, 5-minute substance abuse self-assessment below if you think you or someone you love might be struggling with substance abuse. The evaluation consists of 11 yes or no questions that are intended to be used as an informational tool to assess the severity and probability of a substance use disorder. The test is free, confidential, and no personal information is needed to receive the result.

How Long Does Rehab Last?

Treatment length varies depending on your needs, the treatment type, and your progress.¹³ Outpatient programs allow individuals to come to the rehab facility to participate in therapies and counseling but return to work or home after.¹³This option can be helpful for parents attending rehab with a child, allowing the parent to continue to share in child care responsibilities while also receiving the help that they need.

For others, inpatient rehab, where treatment takes place at a live-in, residential facility with 24/7 care, might be the best option for long term recovery. Inpatient rehab can range from a couple weeks to a month or more. In this instance, children may stay with a spouse, partner, or relative. Or child welfare workers might put the child or children in foster care if there’s no other trusted, safe option.

There’s no one-size-fits-all treatment plan. Instead, effective treatment needs to be customized for the individual and their circumstances.¹³ Some factors that may affect the duration of treatment include:^14,15

The severity of substance use.
The substance(s) used.
Other co-occurring mental health problems.
Underlying physical health issues.
The length of time covered by insurance.
Your support system outside of treatment.

Your family members may also choose to take part in family therapy during treatment, where family members take an active part in the treatment process.

Can I Go to Rehab Today?

There are some same-day admission rehab programs depending on your location, facility capacity, and resources available to you.¹⁶ This is called treatment on demand, but it is typically dependent on sufficient staffing.¹⁶ If same-day rehab treatment is not available, there may be interim options accessible for some individuals. ¹⁶For instance, individuals with opioid use disorder may be able to begin methadone maintenance prior to being admitted to a rehab facility.¹⁶ Others may start participating in a 12-step program such as Al-Anon or Nar-Anon.^8,16 Another factor to take into consideration is that you might need medical detoxification or stabilization before entering rehab.⁸The best way to figure out what you need in terms of treatment is to talk to your medical provider.

Sources

Lipari, R.N. & Van Horn, S.L. (2017, August 24). Children living with parents who have a substance use disorder. The CBHSQ Report: August 24, 2017. Center for Behavioral Health Statistics and Quality, Substance Abuse and Mental Health Services Administration, Rockville, MD.
Child Welfare Information Gateway. (2020, June). Determining the best interests of the child. Washington, DC: U.S. Department of Health and Human Services, Administration for Children and Families, Children’s Bureau.
Child Welfare Information Gateway. (n.d.) Glossary C.
National Center for State Courts (n.d.). Looking at Joint Custody Through the Language and Attitudes of Attorneys.
Legal Information Institute. (August 2021). Sole Custody.
Child Welfare Information Gateway. (n.d.). The Interplay Between Child Maltreatment Legislation and Caseworker Practice.
National Center on Substance Abuse and Child Welfare. (2019). Child welfare and alcohol and drug use statistics.
National Center on Substance Abuse and Child Welfare. (n.d.). Understanding Substance Abuse and Facilitating Recovery: A Guide for Child Welfare Workers.
Center for Children and Family Futures and National Association of Drug Court Professionals. (2019). Family Treatment Court Best Practice Standards.
Child Welfare Information Gateway. (January 2021). Parental Substance Use: A Primer for Child Welfare Professionals.
National Center on Substance Use and Child Welfare. (n.d.). Brief 2: Drug testing for parents involved in child welfare: Three key practice points.
H Law Group. (2021, March 25). Can a DUI affect child custody?
National Institute on Drug Abuse. (2018, January). Principles of Drug Addiction Treatment: A Research-Based Guide (Third Edition).
McGovern, M.P. & Carroll, K.M. (2003). Evidence-based practices for substance use disorders. The Psychiatric clinics of North America, 26(4), 991–1010.
National Institute on Drug Abuse. (2018, July 2). The science of drug use and addiction: The basics.
Redko, C., Rapp, R.C., & Carlson, R.G. (2006). Waiting Time as a Barrier to Treatment Entry: Perceptions of Substance Users. Journal of drug issues, 36(4), 831–852.

How to Get Custody When Parents Use Drugs

You want your child to be safe and happy. You want to feel secure and confident that your child’s welfare won’t be an issue when they spend time with the other parent.

If substance abuse is part of that person’s life, it can cast a deep, dark shadow on what should be a loving time with the other parent. Substance abuse may be a new issue for the person or a longstanding problem that the other parent can’t shake. No matter the situation, your child’s welfare is your paramount concern.

What is Custody?

There are two types of custody:

Legal custody: This can be awarded to one or both parents, depending on what’s in the best interests of the child, including critical issues like religion, education, and healthcare. Sole legal custody means decisions can be made without consulting the other parent. Joint legal custody means parents must work together.
Physical custody: This can also be divided between both parents or be given primarily to one parent. Joint physical custody need not be equal. Ideally, the parents will work out reasonable solutions regarding who will spend how much time with the child.

If a parent doesn’t have legal or physical custody, unless they abandon the child, that parent is normally given visitation rights. Or, they may have the ability to spend time with his or her child. If it’s believed the parent can’t responsibly supervise the child, the visitation can be supervised by a court-appointed social worker or a trusted family member or friend.

Navigating Custody and Substance Abuse

You may be formalizing the custody arrangement, and substance abuse is an issue at the start of the process, or it may rear its ugly head after a custody order was issued. Either way, the first step is to try to negotiate with the other person a path to ensure your child’s welfare.

Ideally, the other parent understands the problem and is willing to undergo treatment. If that’s the case, supervised visitation is a step to maintain parental ties while keeping your child safe. If, in the future, the parent has taken control of the situation, is sober, willing, and able to be responsible, the two of you could talk about a more permanent custody agreement.

Depending on the parents, a child custody or visitation agreement may be very difficult or impossible to work out even in the best of times. If one parent is abusing alcohol or drugs and is in denial about the situation, an agreement can be that much harder to reach.

What a Court May Decide and Why

The courts will always act in the best interests of the child. If an agreement can’t be worked out, there will be hearings to determine what kind of custody or visitation arrangement would be in the best interests of your child.

The factors used to make that decision include:

The age and sex of the child
The wishes of the parents
What the child wants, especially if he or she is at least 14 years of age
The interactions and interrelationship between the child and the parents, siblings, and others who impact the child’s best interests
How well the child adjusts to the home, school, and community
The mental and physical health of those involved
Evidence of domestic or family violence

If substance abuse is an issue, the court will likely take action if it impacts the parent’s ability to care for the child, or he or she poses a danger to the children’s well-being. If one parent accuses the other of substance abuse, the judge should investigate the issue to decide if the claims are accurate and, if so, the impact on his or her ability to properly care for the child.

The judge’s job is to decide what course of action will be in the best interests of the child. This takes into account each parent’s fitness, including alcohol and/or drug use. If there’s a history of substance abuse, the judge will probably look at what happened during that time before making a custody decision.

If there’s a custody order in place and allegations of substance abuse arise, the judge may restrict the parent’s contact with the child by changing the order. Supervised visitation may be ordered if there’s credible evidence to back up the claims so the parent can still see his or her child but in a safe and controlled setting.

What to Do if You Suspect Drug Use

Evidence of suspected drug use can be police reports, DUI charges, and other arrests made due to the person’s addiction or substance abuse, including possession or selling illegal drugs, disorderly conduct, assault, battery, or vagrancy. Incidents that support your concerns should be documented, witnesses should be interviewed, and they may testify in court.

The fact the other parent became unemployed or injured him or herself while intoxicated, or is in active treatment, can also be used.

If you legitimately believe there’s a threat to your child’s safety because of the other parent, a restraining order or refusing visitation with the other parent may be justified. Fear that your child could be harmed is a valid reason to refuse visitation and demonstrates your legitimate concerns.

What to Do if You’re a Parent Accused of Drug Abuse

If you are a parent accused of drug abuse and have concerns that a family member will attempt to take custody of your child, it is important that you take steps to protect your child and your future. You must get clean and get the help you need if you are a drug user.

A simple drug test will determine whether you are abusing drugs, but if you can show the courts that you have taken steps to stop drug use, remain sober, and better your life for yourself and your children, you could avoid having your custody rights taken.

How to Protect a Family Member from a Parent’s Drug Abuse

Grandparents or other family members might want custody of their drug-abusing relative’s child. In these cases, you will need legal help.

Our child custody lawyers can help you exercise your grandparent’s rights or obtain legal guardianship of a child at risk of injury or illness due to their parent’s substance abuse.

Be sure to obtain evidence that can be used to support your case, including photos, videos, witness statements, medical records, and anything else that shows the court that it would be in the child’s best interest for you to be granted custody.

How Hessler Law PC Can Help

We have helped many parents deal with challenging and highly personal custody issues, and we understand what you’re going through. Experienced Indiana child custody lawyer Sean Hessler knows how our local courts handle custody disputes, and our team can help you through every step going forward.

To speak with an Indianapolis family lawyer about your child’s custody status, contact Hessler Law today at (317) 886-8800 to schedule a free consultation.

Drug addicts

The Family Code suggests that drug addicted women should be deprived of their children immediately. It is possible to give birth, but it is not worth bringing up further, as stated in Article 69 of the Family Code: drug use is the basis for deprivation of parental rights. The removal of a child from the family of a drug addict or alcoholic is seen by society as an unpleasant but necessary matter. A kid from a deliberately dysfunctional family, where he, obviously, was not fed or taken to the sea, is transferred to another, good family, where he will finally receive everything he needs, as well as love and affection. nine0003

Do you know what it really looks like?

An addicted mother is also a mother. Only with drug addiction.

But first, the mother.

...I learned about Zhenya and Polina from Asya Sosnina, a social worker at the Andrey Rylkov Foundation. The Foundation has been working with street drug users for many years and regularly encounters pregnant and post-natal women, who tend to fall outside the public eye.

“On the part of the state, they see only contempt and denial of the right to be not only a mother, but also a person,” says Asya. - I remember how a representative of the commission on juvenile affairs in court tried to "open her eyes" to our lawyer: "This is not a mother, but a piece of meat!" nine0003

It is impossible to say how many women are deprived of parental rights due to drug addiction: such statistics are not kept. As no one knows how many of them give birth. But once in the field of view of the guardianship, as a rule, such mothers are no longer saved.

Someone will say: so be it.

- But it's not worth all one size fits all, - says Anna, who gave birth to her first daughter with the entry "opium addiction" in the exchange card. Now she has two children. - During pregnancy, life position changes. An incentive appears - to reduce the dose or quit altogether, to change something in life. You start to think: you’ll “move off”, and the child will remain alone in the apartment . .. With such a mother, everything can change! But for this, during pregnancy and after, she really needs support ...

Need support. And they get the bandwagon.

Zhenya. "They couldn't fight guardianship"

Zhenya had three children: 14, two and one years old. At the same time, she used heroin for quite a long time, but guardianship never had any questions for her. Yes, we know from the movies that drugs are a den in an apartment, dirt, hungry children suck on a stale crust. Sometimes it happens. But Zhenya was not like that. In addition, she tried to cope with her illness, and several times over the past three years she was in narcology. nine0003

– She tried to hold on, Asya says. “But her husband used to use it, she had HIV, her legs hurt - it was unrealistic for her to get out of this without support. Problems have accumulated over the years of use. Zhenya tried for the sake of the children, broke down, was treated, but broke down. And it’s unrealistic to take care of children on a break-up. You have to buy something just to feel normal. But you take it for yourself, and you run the risk of meeting the drug police, who will accuse you of storing and selling. As happened.

- In my opinion, it was a normal family, - says Lena Groznova, another social worker of the Foundation. Andrey Rylkov. - Zhenya went to the playground with the kids. Toys, food, children's furniture - all this was in the house. And all this, by the way, was later reflected in the case file: there is a photograph of household appliances, a refrigerator with food, cribs with a canopy ...

These materials appeared in October 2013, when employees of the Federal Drug Control Service came to the apartment late in the evening to take Zhenya and her husband on suspicion of drug trafficking. And the employees of the commission on juvenile affairs, who arrived after them, took all three children to an orphanage.

Then Zhenya told me that in the department they immediately set a condition for her: "You will pick up the children as soon as you leave us. But if you want to leave, sign everything they say." She signed everything and in the evening went out on a subscription basis. The husband remained in jail. Zhenya went straight from the pre-trial detention center to the shelter. But the children were no longer given to her: the process of deprivation of parental rights began. She returned to an empty apartment. Like there was no family. nine0003

Of course, it is bad to buy and store drugs in the house. But Zhenya is a drug addict. If quitting was easy, everyone would be easy to quit. For outsiders, she is an unsmiling, hard, distrustful person. But the kids were sick. Drug addiction does not cancel mother's love. Zhenya was afraid of both prison and deprivation of parental rights, she was ready for anything. She just didn't know exactly what to do. To begin with, I immediately went to detox. After completing the course, she began to visit the children in the orphanage together with her mother Anna Petrovna. Which, if anything, could then arrange custody of the children. nine0003

“We understood that she could be deprived of her parental rights,” says Lena Groznova. - We decided to convene a family conference: an event at which guardianship officers, KDN, doctors, social workers and Zhenya herself will be able to sit down and decide what to do so that this does not happen either now or later. And we collected it. And it was trash…

A lot of interested persons and various abbreviations gathered for the family conference at the Center for Family and Children "Western Degunino". The state structures were represented by: the head of the OPBN GBU TsSPSiD "Western Degunino", a social work specialist of the GBU TsSPSiD "Zapadnoye Degunino", a leading specialist of the OOiP "Khovrino", a leading specialist of KNDiZP No. 1, as well as a social worker of the Department for the Prevention of Socially Significant Diseases of the Moscow Scientific and Practical Center for Narcology. nine0003

– The family conference is a tracing-paper from English, – Asya Sosnina explains. – All specialists who work with families in difficult life situations, when an integrated approach is required, participate in it. And such family meetings have an algorithm - the host asks questions: what tasks are facing the person? What does he do well? What help can he get? What should be done to save the family? And he gets specific answers that will help in his work. We discussed this twice with the ward! But during the conference, these aunts began to habitually slide into study: "Look at yourself, Evgenia! What have you brought yourself to!" nine0003

Nevertheless, Zhenya's four main problems were named at the meeting: poverty, illness, unemployment, and drug use. And the positive aspects were named: "high motivation for change, a completed course of treatment in a narcological hospital, maternal attachment to children, normal living conditions, help from Zhenya's mother." After that, a plan was drawn up to overcome these problems: rehabilitation from drug addiction, treatment of trophic ulcers, from which she suffered greatly, and disability registration. nine0003

The family conference seemed to be a success. Judge for yourself: so many family and childhood specialists have gathered to help a woman overcome life's difficulties, cope with drug addiction, and save her children. And the children, in fact, save their mother. Zhenya loved them as much as she could, and there was no evidence that the children were ill, hungry and dangerous with her. The main complaint was drugs, and Zhenya promised to deal with it. All the time before the trial, she was tested and brought certificates to custody: "no drugs were found in the body." nine0003

Six months later, she completed all the points of the plan. But when she had not used drugs for six months, she was deprived of parental rights. All these smart technologies, motivations and improvements went to the bin, unable to resist the court in front of the certificate "is a drug addict."

Need support. And they get a bandwagon

- Zhenya is a very closed, prickly girl, - says Natalya Volkova, who was then engaged in her rehabilitation in narcology. “But she was very afraid that she would sit down and lose her children. We have compiled an outpatient program for her and her mother - the whole family should go through rehabilitation. Zhenya went to a psychologist, a psychiatrist, a peer consultant, to Narcotics Anonymous groups. She was with us only two months, before the trial, but some shifts began. She began to cry, but before she could not. Started smiling. And then in court she told the truth. She left the meeting and said: “Something happened to me, I couldn’t lie ...” Ward, no sobriety, no rehabilitation was interesting. We then realized that they were immediately aimed at seizing the children...

The grandmother, Zhenya's mother, was also denied custody of the children, on the grounds that she had a criminal record in 1975. Grandmother also lost all the courts, and the children were transferred to a foster family.

“Zhenya and her mother love children, but they couldn't fight guardianship,” says Natalia Volkova. – It was a lost story from the beginning…

Zhenya was given at least 6 years of the same Mordovian camp where Nadezhda Tolokonnikova was imprisoned for a check of heroin. Her husband is 7 years old. In jail, in order to get a shorter sentence for himself and his wife, he "confessed" to stealing a car mirror and washer reservoir cap. nine0003

Zhenya will return from prison in 6 years. If she succeeds in regaining her rights, the children will again be pulled out of the family in order to be handed over to an almost unfamiliar mother. And if the rights are not returned? For whom then does Zhenya live, moreover, sober?

I asked Natalya Volkova: "Could it have been done differently?"

- You can. For example, Zhenya could have their punishment suspended until the children reach the age of majority – this happens, we know. We would spend them a year of rehabilitation. It is possible that in a year it would be a different family. nine0003

Polina. "I don't deny it, it's my fault"

Polina works as a janitor. Under her supervision are two houses. He says that it is easier than collecting certificates for guardianship. She collected them even longer than Zhenya - 9 months. Including - from narcology about passing tests. Nevertheless, on August 20, she also lost the right to be considered the mother of her 10-year-old son Misha.

Polina's own father wrote an application for guardianship. However, quite neatly: he pointed out that the daughter "abuses Corvalol" and does not take care of her son. nine0003

– He still lives in those times, – says Polina, – when they attracted the public and wrote to the "competent authorities". My father thought that they would "talk" to me. But he did not want me to be deprived of parental rights! He also said this in court. But no one listened to my father anymore…

Guardianship received the “signal”, and the officers who came saw that – yes, it was a fact. The door is open, the mother drinks.

“They wanted to take Misha away right away,” says Polina, “but my father, when he realized this, climbed out the window—we have the first floor—pulled Misha out and ran away…

Polina does not deny that she was drunk. But that day was the last time she took anything.

– I don't say anything: I was guilty, I drank, I was inadequate. Later, when I was sober, I realized that my brain was dying, and I didn’t take care of my son. But when they told me that they could deprive me of my rights to Misha, I realized that this was the land, and I went to the hospital myself...

Polina went on a detox and started visiting a psychologist at the regional Family Assistance Center.

“At first I took her there by the hand,” says Asya Sosnina. “Then she pulled herself in. But in the guardianship authorities of the Veshnyaki district, they were categorical. There we were told: "We are thinking about protecting the rights of the child, such a mother is a priori a threat to him. It is better for a boy to live without her." Polina's father went there too, brought certificates that his daughter no longer injects, and they told him: "She will break anyway, it's a matter of time. Now she doesn't inject, but who guarantees that it will be tomorrow?" The logic of guardianship is clear. But they basically did not want to see what is happening today ...

At the trial, Polina provided paperwork: she is being treated for drug addiction. By that time, she had not used drugs for 5 months, entered the stock exchange and agreed to the first vacancy - a janitor. Her parents spoke out, asking her not to deprive her of her rights. The state psychologist conducted an examination, which showed a close relationship between Polina and her son, and did not recommend separating them. They also asked Misha: "Should my mother be deprived of parental rights?" The son said: "Don't, she's good."

After that, Polina was deprived of parental rights and ordered to pay alimony to the temporary guardian - her mother. In this story, grandmother was given custody. But the drama continues. Polina both lived and lives in the same apartment with her parents and Misha. And this is illegal: a child cannot live with a parent deprived of rights. And now, when Polina lost the appeal, guardianship may require a departure. nine0003

Polina says that she spends all her time with her son now, and the boy doesn't leave her by himself. To date, she has not used drugs for 9 months: "And even there is no desire."

– Has the world changed somehow?

- Probably changed. But with this judgment, I can't even lift my head to see it.

* * *

The stories of Zhenya and Polina are one of those that touch the soul. It is customary to say about such people: "It is my own fault." But if their efforts to overcome their illness is not love for children, then what is love? nine0003

Anastasia Kuzina, member of the Andrey Rylkov Foundation

In what cases do guardianship authorities deprive parents of children

When children are rescued from rubbish-filled apartments, the townsfolk usually ask themselves: “Where were the authorities looking?” Why guardianship authorities do not go door-to-door in search of disadvantaged children, in what cases and from which parents a child can be taken away and why raise hype in the media about the excesses of officials, Gazeta. ru was told by a member of the Council for Interaction with Civil Society Institutions under the Chairman of the Council Federation Yevgeny Korchago. nine0003

— There have been several high-profile cases recently that involve leaving children in danger. Which parents can take the child and why?

— Under the Family Code, guardianship and guardianship authorities are empowered to remove a child from the family only in one case — if his life and health are in danger. These situations are regulated by Article 77: “In the event of a direct threat to the life of the child or his health, the guardianship and guardianship authority has the right to immediately take the child away from his parents (one of them) or from other persons in whose care he is.” You can't just take a child away from a family. Therefore, if the guardianship and guardianship authorities receive information that the child is in danger, then they, accordingly, have the right to come, draw up an appropriate act and take the child from the family. nine0003

That's all. Further, as they say, the case is at the mercy of the law enforcer. An immediate threat can be understood as when a child can really be killed, or maybe when the guardianship authority did not find the right amount of food in the refrigerator and says: “We believe that the child’s health is in danger - he is underfed here.” Or

a representative of guardianship came, saw a bruise on the child's arm - and decides that there is also a danger.

Immediate removal is formalized by an act of the executive authority, in Moscow this is decided at the district level, the head of the municipality issues an appropriate act. Officials are required to notify the prosecutor and after that place the child in an appropriate institution where he will be temporarily located, and after that they are required to immediately go to court with a petition for deprivation of parental rights or restriction of parental rights. nine0003

— If we talk about European legislation, are these rules more clearly specified?

- Different countries regulate these issues in different ways, there is no single standard. As for, for example, the Scandinavian countries, the mechanism there is so draconian that a child can be taken away only on the grounds that he said in kindergarten or at school that the soup was undersalted or oversalted, or that his parents swore in front of him. There, the system of guardianship authorities is aimed at taking the child from their families and transferring them to foster homes. An entire business is built on this. In our country, despite the excesses, these excesses, as a rule, are of a single nature. When connecting the public, the media, as a rule, the rights of parents are restored. Remember the situation with a single mother from St. Petersburg, suffering from deafness, everything was resolved there. Another thing is that the authorities, apparently, could not help the family living in difficult conditions, volunteers had to do it for them. nine0003

— If we talk about law enforcement practice, who is most often deprived of parental rights? Are they drunkards?

— Most often, these are really people who abuse alcohol or take drugs, that is, lead an antisocial lifestyle. There are times when alcoholic parents do not feed young children and the child may simply starve to death.

Parents who are drug addicts have such unsanitary conditions that it is really dangerous for a child to be at home: there is a brothel, suspicious people come there, people use drugs there, and so on. nine0003

- And if we talk about the latest cases: with the so-called Mowgli girl or four children in Mytishchi who were not registered. Why do such cases go unnoticed?

— The guardianship authorities have a duty to monitor everyone, but, as a rule, this applies to families that offhand require attention: these are either large families, or families with adopted children, or patronage families. Keeping track of each family without a signal is not part of the task of the guardianship authorities, because then the number of employees will have to be brought up to the number of policemen. Probably, this is not necessary. Indeed, as a rule, guardianship authorities work on signals from kindergartens and schools, hospitals, and neighbors - they are required to conduct an audit on such requests. nine0003

The guardianship authorities themselves also have difficulties. A colleague had a case: in the Omsk region, the guardianship authorities did not want to take the children away from a family who uses drugs for a long time.

The problem turned out to be that they lived in a remote area, there was simply no specialized institution where children removed from the family had to be placed before the court decision on deprivation of parental rights was made.

In this regard, the children were placed either at the house of a PDN employee, or in the hospital, or again returned to the family. Ultimately, after a court decision on deprivation of parental rights, the children were placed in a boarding house. nine0003

— But, for example, for schools, contacting the guardianship or the police can be regarded as taking rubbish out of the hut ...

— Educators, teachers, doctors are required to report. But we know that the queen of most government agencies is statistics. And this is the scourge of our country. Unfortunately, we have not yet learned how to evaluate institutions, except on the basis of statistical records. And statistics, unfortunately, sometimes play a very negative role. And you are absolutely right: it often happens that the same teachers or kindergarten teachers (and kindergartens and schools are now being combined into large complexes) in order to prevent a decrease in the rating of their educational institutions, try to hide some signals so as not to receive negative scores in the rating and do not harm your institution and yourself. Here we can talk about excesses on the ground, because everything is legally regulated in our country. We just need to deal with such cases, and, perhaps, make sure that such information does not affect the image of the institution. nine0003

— Was there a threat to children in the story of the Yekaterinburg resident who underwent breast removal?

— Each situation must be dealt with individually. It is likely that the issue of removing the children came before the authorities in connection with the mental health of the adoptive parent. As for adopted children, there must be serious additional control on the part of the guardianship authorities.

Speaking in general, if there is documented evidence - by appropriate examinations - that the children may be threatened by the mental illness of the adoptive parent, then measures are taken. nine0003

Everything that concerns children is always very complex and delicate processes. For example, we conducted a high-profile case of a resident of the Moscow region: his wife gave birth to a dead child, stole another and told her husband that she had given birth to him, and it turned out two years later. The woman was prosecuted, thank God, they were not imprisoned, but the child was taken away. Unfortunately, the father, who had been raising this child for more than two years, was not given the opportunity to conduct further adoption: the court considered that another child would be better off in a foster family.