Research On The Custody In The Family Fosterage Agreement In China

With the deepening of reform modern welfare society, family foster care become a new way to take care of orphans and disabled children, foster families signed agreement is the basis and foundation relations established family foster care, welfare agencies on behalf of the State as the legal guardian of the child in foster care can legally be part of the custody entrusted to a foster family on his behalf. Family foster protocol is guardianship commission contract, so the main aspects of the agreement, object, objects and content are subject to the relevant laws and regulations more stringent restrictions, other matters within the scope of this agreement by the main parties are free to agree. Problems in family foster protocol specific agreement on terms of the agreement include guardianship body, entrust custody and guardianship inappropriate content three aspects of responsibility, based on this three aspects reflect that:the body and actually exercised custody agreement body inconsistent; guardianship agreement stipulated the lack of standardized content; legal concept of responsibility agreements blurred. To solve the above problem, respectively, from the consolidated actors, content of the agreement to establish a foster child custody and property, personal care and clear legal responsibility for its agreement subject to perfect. Lastly, we should give full play to the supervisory role of the government itself as well as civil society, specialized third party monitoring mechanism, in order to strengthen the supervision of the guardianship of family protocol performed to achieve a stable and well-ordered family foster care model.