The Shenzhen version of the “guardian angel”came to prop up a day for the plight of minors

From August 1, 2024, in order to further improve the standards for the temporary guardianship of minors, the“Norms for the Temporary Guardianship of Minors”formulated by the Shenzhen Market Supervision Administration has been officially implemented, providing standardized guidance for the care services and rights protection of minors in distress.

01, What is the temporary guardianship legal system?

The temporary guardianship system refers to the system in which minors lacking guardianship or in need of urgent placement are placed by the civil affairs department and assisted and protected in the form of relatives, family foster care or institutional care. Temporary guardianship is a new function of the civil affairs department under Article 92 of the “Protection of Minors”revised in 2021 for government protection of minors.

Compared with the provisions of Article 31 of the Civil Code, the temporary guardianship system has made more explicit provisions on the specific circumstances, guardianship methods and guardianship subjects of minors.

In the temporary guardianship system, the civil affairs department assumes the duty of guardianship on behalf of the state and protects the rights and interests of minors according to law. This also presents new challenges for the civil affairs department. Because the temporary guardianship requires the civil affairs department to assume all the responsibilities of the guardian, covering life, growth, health, development, education, guidance, etc.

Law link

Article 31 If the person's rights, property rights and other lawful rights and interests of the ward are not protected, the residents' committee or villagers' committee of the place where the ward resides, the relevant organizations prescribed by law or the civil affairs department shall serve as the temporary guardian.

Article 92 In any of the following circumstances, the civil affairs department shall provide temporary guardianship of the minor according to law:

(1) minors wander and beg or their identities are unknown, and parents or other guardians cannot be found for the time being;

(b) the whereabouts of the guardian is unknown and no one else can act as guardian;

(3) The guardian is unable to perform his guardianship duties due to his own objective reasons or due to natural disasters, accidents, disasters, public health events and other emergencies, resulting in the lack of guardianship of minors;

(4) The guardian refuses or fails to perform his guardianship duties, resulting in the minor being left unattended;

(5) the guardian instigated or used the minor to commit illegal and criminal acts, and the minor needs to be taken away from resettlement;

(6) minors are seriously injured by their guardians or face threats to their personal safety and need to be urgently placed;

(7) Other circumstances provided for by law.

Article 96 The people's governments at or above the county level and their civil affairs departments shall, as needed, establish rescue and protection institutions for minors and child welfare institutions, which shall be responsible for receiving and raising minors under the guardianship of the civil affairs departments.

02, Shenzhen local standards issued

(1) Why are local standards introduced

As mentioned earlier, the guardianship duties of parents or other guardians cover a wide range of responsibilities. However, if there is no clear standard for how the civil affairs department guardianship, who is responsible for it, and the implementation rules, it is easy to produce omissions and is not conducive to the scientific and standardization of guardianship services.

In this context, the Shenzhen Market Supervision Administration has formulated the“Norms for the Temporary Guardianship of Minors”, which has made clear provisions on the object of temporary guardianship, the content of guardianship services, the termination of guardianship, and the connection between government and judicial protection. The institutionalization, standardization and standardization can effectively improve the work level and norms of civil affairs departments in performing temporary guardianship duties according to law, and better realize the purpose of protecting the basic rights and interests of special groups.

(2) Shenzhen“Temporary Guardianship of Minors work standards”overview

Shenzhen's“Temporary Guardianship of Minors work standards”consists of 7 chapters, 12 appendices and references, which are briefly explained as follows:

1. Scope: Clarify the object, process, requirements, case handling and improvement of temporary guardianship, applicable to civil affairs departments at all levels in Shenzhen.

2. Standard reference file: None.

3. Terms and definitions: Specifically clarify the conditions for the achievement of two types of temporary guardianship, such as loss of guardianship and infringement of guardianship, clarify the connotation of temporary guardianship, case management and consultation system, and determine the rescue and protection institutions stipulated by law.

4. Object of temporary guardianship: the 7 categories of temporary guardianship as provided for in Article 92 of the Protection of Minors.

5. Workflow and requirements: Put forward working procedures in terms of discovery and reporting, acceptance, intervention and assistance, living assistance and termination.

6. Handling of protective cases: Provisions are made for temporary guardianship in the case of guardian infringement from four aspects: personal safety protection order, investigation and assessment of infringement, case consultation, and application for revocation of guardian qualification.

7. Work evaluation and improvement: Clarify work evaluation criteria and improvement measures.

8. Appendix: Provides examples of various instruments, which are highlights of the standard. Civil affairs departments at all levels can directly complete the work flow according to the sample table.

9. References: mainly include various norms and standards, legal provisions and meeting minutes.

03. Specific cases and work results of temporary guardianship

Case 1: Young rose and the warm protection of community

backdrop

Little Rose (a pseudonym), a 13-year-old girl, suffered from a lack of guardianship during the epidemic. Her mother was admitted to a makeshift hospital after being diagnosed with the new coronavirus, while little Rose was left unattended after the hotel quarantine expired.

solution

The juvenile social worker discovered the situation in time and reported it to the local prosecutor's office. The procuratorate quickly launched the guardianship supervision linkage mechanism, contacted the district Civil Affairs Bureau, the street and the neighborhood committee, and implemented temporary guardianship for the small rose. At the same time, there are special people responsible for solving the small rose food and other life security, and assign guardianship supervisors to follow up the family guardianship guidance.

Work result

With the joint efforts of all walks of life in the community, the little rose successfully passed this difficult time. She not only rediscovers the joy of life, but also learns how to grow strong in the face of adversity. This case fully demonstrates the importance and care of all sectors of society for the protection of minors.

Case 2: Small jasmine heart flowers blossoming

backdrop

Little Jasmine (not her real name) was born shortly after her mother became seriously ill. Father Wang Mou disappeared without a trace, little jasmine in the hospital for a long time.

solution

After receiving the clue, the procuratorate immediately launched protection and rescue work. After multiple visits and communication and coordination, Xiao Jasmine was transferred to the municipal children's temporary care center for care. At the same time, Wang Mou suspected abandonment of the act of filing supervision, and prosecution. In the end, the court revoked Wang's guardianship and appointed the municipal Children's Welfare Institute as Jasmine's new guardian.

Work result

Under the careful care of the children's welfare home, little Jasmine gradually stepped out of the shadow and ushered in her new life. This case not only highlights the majesty and justice of the law, but also reflects the society's deep care and warm protection for vulnerable groups.

Case 3: The rebirth of two siblings

backdrop

Moose (pseudonym, 13 years old) and Deer (pseudonym, 11 years old) had their mother die of a drug overdose and their father arrested for drug-related crimes. The siblings were caught in a custody dilemma and forced out of school.

solution

The procuratorate found this situation when it comprehensively investigated the custody status of minor children of detainees. Through patient interpretation and multi-party contact, the father of the two siblings was finally persuaded to entrust their aunt Chen as a temporary guardian.

Work result

Under the careful care of their aunt, elk and deer find hope in life again. They are not only successfully enrolled in school, but also actively participate in school and social activities, and strive to grow into useful people in society. The successful handling of this case depends on the procuratorate's high attention to the protection of minors.

04. Conclusion

The implementation of Shenzhen's“Norms for the Temporary Guardianship of Minors”not only provides clear guidance and norms for civil affairs departments to carry out temporary guardianship work, but also has achieved remarkable results in practice, effectively protecting the basic rights and interests of minors in difficulties and healthy growth. Through specific cases, it is not difficult to find that the temporary guardianship system is of great significance in maintaining social stability and promoting people's well-being. As a professional in the field of protection of the rights and interests of minors, Dehe Shanghai Committee should continue to work hard to promote the improvement and implementation of relevant systems, and support a blue sky for the growth of every child.