U.S. – Ukraine Foundation, Washington D.C.

CASE STUDY OF

UKRAINIAN ORPHANAGE SYSTEM: MYTHS AND REALITY

August, 26 2009Darya Trushkina

Introduction

A child temporarily or permanently deprived of his or her family environment, or in whose own best interests cannot be allowed to remain in that environment, shall be entitled to special protection and assistance provided by the State (Article, 20 United Nations Convention of Rights of the Child)

Orphan – a child, under age of 18, who has no alive biological parents.

Social orphan – a child, under age of 18, who has one or both biological parents alive, but who are unable to provide necessary care for a child and who’s parental rights have been terminated.

Reasons for placing child in care: “… poverty, unemployment, alcoholism and drug abuse are leading reasons why parents [in Ukraine] abandon their children – many of whom arrive at the facilities without any documents at all.” (UNICEF, Degun 2007).

SOME FACTS• Approximately 103,000 children live in Ukrainian orphanages/children

homes and baby homes;

• Approximately 50,000 children live on the streets;

• Only 9,000 of those children are biological orphans;

• More than 90,000 children are “social orphans”;

• Approximately 60% increase over last 10 years;

• Almost 80% of orphans/abandoned children end up in prisons,

prostitution or become a criminal;

• Almost 10% of orphans/abandoned children commit suicide before

age of 21;

• Only 10% of orphans/abandoned children graduate from Universities/

colleges/ professional schools;

• Only 27% of orphans will find job after graduation from orphanage._____________________________________________________________________ According to Administration of President of Ukraine, Annual Report – 2006

SOME FACTS• Every year, more than 2,000 mothers abandon their babies in maternity

hospitals.

• Many social orphans have experienced abuse and violence from parents.

• Many children run away from orphanages, preferring to live on the street.

• Every year about 1,500 orphans leave orphanage system in Ukraine.

• Usually children who graduate from orphanages at age of 18, are turned out, unprepared for life outside an orphanage…….

STATE ORPHANAGE SYSTEM IN UKRAINE

Ministry of Health of Ukraine

Baby Homes(0-3)

Ministry of Education and Science

Children Homes(3-7)

Ministry of Family, Youth and Sport

Orphanages(7-18)

State institutions for children are financed based on cost-sharing principle:

- State budget;- Region budget;- Local budget.

Key Legislation

2005

Take a child to your home

2002

Children's’ Safety Act

Prevention of Domestic Violence in a Family Act

1991

United Nations Convention of the Rights of a Child is

ratified

Constitution

1996

Policy regarding welfare of orphans and abandoned

children

2000

Financial Aid to Families in Need

Act

Domestic and Inter-country

Adoption Act

2006

Family Code Amendments

2007

UNICEF – Ukrainian Ministry of

Youth, Family and Sport

Agreement

2007 – National Plan to Reform of Child Care System in Ukraine through the Development of Family Foster Care (International Project, Deadline 2017)

__________________________________________________________________Census Bureau of Ukraine

2003 – Orphans are qualified as “underprivileged category of students” and are eligible to receive stipend from government even if their grades are lower than average.

2004 – Ukraine imposes new flat tax rate (13%) on any donation over $95 per year.

2004 – adoption procedures become more complicated, which decrease overall inter country adoption rate significantly.

2005 – the law "On state aid to families with children“; Program “Take a Child into Your Home”; 2007 – National Orphanage System Reform Plan.

Changes

“Take a child into your home”

This program was intended to encourage domestic adoptions. This policy was expected to be successful because:

Approximately every fourth Ukrainian family cannot have their own children and approximately 20% of such families seriously consider adoption. This means the number potential adoptive parents in Ukraine equals approximately 2,500,000 families.

WHY UKRAINE STILL HAS ORPHANS?

“Take a child into your home”

- The Ukrainian government provides financial support (which usually is higher than the gross family’s income) to temporary or foster parents, but not to adoptive parents.

- The procedures for foster parents are faster and easier than for prospective adoptive parents.

- Children do not lose the status of a legal “orphan” when they live in foster family, but they do lose it when they are adopted.

- Foster parents have no strict responsibilities, but are able to control the status of children by giving (or usually not giving) permission to adopt the children they foster by third parties.

- There is almost no control of foster parents, except the requirement to provide an annual report to the State Department of Adoption and Protection of Child’s Rights, but there are strict requirements for adoptive parents to provide such reports more often.

“Take a child into your home”

The most adoptable age for children is up to 3 years. To be adoptable, the government must legally declare a child an “orphan.” The procedure to get legal orphan status takes from 3 to 4 years.

By law, a social worker is allowed to apply to the court for such status after 6 months of parental absence, which means termination of parental rights and getting status

“orphan” for a child.

This all means a child’s chance of not being adopted rapidly increase by 90%, since a child’s most adoptable years pass before the child is legally eligible for adoption.

Reform

Supporters of child care reform in Ukraine argue that country has enough resources to invest in a new foster care system. The estimated financial support of every foster family (approximately 20 children per family) will reduce government spending compared to current spending by 50% (approximately UAH 158 millions).

Opponents argue that a new foster care system will require significant lump sum investments, but will not eliminate the existing problems. In addition, there is no plan or model demonstrating how to affect such a reform.

THOSE WHO ARE SAVING US…• Ukrainian Children’s Aid and

Relief Effort, Inc.;• Life 2 Orphans;• Soderquist Family Foundation;• Ukraine Little League;• Oleh D. Wengerchuk Memorial

Foundation;• Wide Horizons for Children;• Music Mission Kiev;• Red Cross;• World Orphan Project, Inc.• Saluda Charitable Foundation

(Saluda Ternopil);• Help Us Help The Children

(Canada);• New Generation (Ukraine);• Pryateli Ditey (Ukraine);

• Stichting Op Kleine Schaal (Netherlands);

• Orphans’ Aid Society for Ukraine;• Ukraine Orphan Outreach;• An Orphan Smiles;• An Orphan’s Bright Star;• Hopeful Hearts Foundation, Inc.;• Advocate For Orphans International;• Orphan Aid Foundation (iOrphan);• Orphan’s Promise;• World Hope (Canada);• CrossRoads Foundation;• Open Arms Ukraine;• Ukraine Works;• United Orphaned Children's Fund of

Pennsylvania;• Operation Ukraine……

Concerns

Absence of a single control institution to oversee the efficiency ofthree different Ministries in charge;

The Laws contradict each other and doesn’t work in practice;

Orphans are uneducated about their rights and StateResponsibilities towards them;

Lack of financial resources creates many problems, one of which is corruption;

Absence of consistent data collection over the years, whichmust be the basis for future reform;

Unstable political climate….

THANK YOU!

QUESTIONS?