Establishing, managing and terminating a foster family

In order to establish a foster family, you must apply to the municipal administration.

The founder of the foster family must be at least one able-bodied natural person who:

1) meets all the requirements for a guardian (carer) of a child under the Civil Code;

2) has completed a training and counselling course for guardians and adoptive parents;

3) meets at least one of the conditions set out in this clause:
   a) for at least three years prior to the establishment of the foster family, fulfilled the duties of a guardian (carer) of children, to which he/she was appointed by an order of the director of the municipal administration or by a court order;
   b) have at least three years’ experience of working with children deprived of parental care, children with special educational needs, children with disabilities and/or families at social risk;
   c) have a university degree or equivalent and at least one year experience of working directly with children in the fields of social work, social pedagogy, special pedagogy, psychological support and pre-school education.

Before a foster family can be registered in the Register of Legal Persons, the founder must:

1) to obtain a conclusion of the State Child Rights Protection and Adoption Service under the Ministry of Social Security and Labour (hereinafter - the State Child Rights Protection and Adoption Service) or a territorial division authorised by the latter on the compliance of the founder of the foster family with the requirements for the founder of the foster family and on the eligibility of the established foster family to become a guardian (carer) of children;

2) apply in writing to the administration of the municipality in whose territory the foster family is to be established for the placement of the children without parental care in the future foster family and, within 3 months, obtain the written confirmation of the administration of this municipality to place the children without parental care in the future foster family and to ensure the financing of their social care.

3) approve the statutes of the foster family, which are also the instrument of incorporation;

4) obtain a written consent for the establishment of the foster family from the spouse, if any, or, in the absence of such a spouse, from the adult child, if any, living with the founder of the foster family, if any, - the adult child, if any, living with the founder of the foster family does not intend to become a member of the foster family, or obtain the written consent of the spouse, if any, and the adult child, if any, living with the founder of the family home to become a member of the foster family.

The statutes of the foster family are the founding document of the foster family and guide for the foster family.

The foster family shall be deemed to be established upon its registration in the Register of Legal Entities.

A foster family acquires civil rights, assumes civil obligations and exercises them through the members of the foster family.

A foster family has either a single-person governing body, the member of the foster family, or a collegiate governing body, the members of the foster family.

A foster family can have a maximum of 2 members. The founder of the foster family, his/her spouse or his/her adult child living with the founder become members of the foster family from the moment the foster family is registered in the Register of Legal Entities.

The members of the foster family shall amend the statutes of the foster family by mutual consent, sign documents transferring money or other assets to the foster family, conclude agreements with the employees recruited by the foster family, and decide to terminate the foster family.

The foster family becomes the guardian (carer) of the children left without parental care from:

1) the date of entry into force of the order of the director of the municipal administration on the establishment of children’s temporary guardianship (care) in the foster family;

2) the date of entry into force of the court’s order on the establishment of children’s permanent guardianship (care) in the foster family, unless the court’s order or a part of it on the child’s guardianship (care) is executed urgently or the court sets a specific time limit for execution.

Rights and obligations of the foster family:

The foster family can conclude transactions, receive information from state and municipal authorities about the children in its guardianship care, and receive financial and material assistance not only from the state or municipalities, but also from other persons.

The foster family is guaranteed financial and material support from the state and municipalities, funding for social care, and methodological assistance in the field of child rights protection and social care.

The foster family is obliged to protect the rights and legally protected interests of the children in its guardianship (care), to enable the children to communicate with their parents or other close relatives, to properly administer the children’s property, and to obtain a licence to carry out social care.

It is forbidden to engage in economic commercial activities and to employ children in the care of the foster family.

Termination of the foster family:

If the number of children in the foster family decreases due to objective reasons (age or illness of a member of the foster family), the foster family continues until all the children reach adulthood.

If the number of children in the foster family decreases, the foster family is expanded with additional children or reorganised. If these proposals are rejected, the foster family is terminated.

The foster family is terminated by the members of the foster family or by a court decision.

In the event of the termination of a foster family, state and municipal property and unused funds must be returned to the state and the municipality, as well as the property that has been transferred to the members of the foster family and the property that the children have in their possession.

When a foster family is terminated: it can become a family and the former members of the foster family can become the children’s physical guardians (carers).

The activities of a foster family are regulated by the Law on Foster Families of the Republic of Lithuania.