Polityka Społeczna


Różne kwoty dla rodzin zastępczych

Dodano: 08 maja 2013

Zróżnicowanie kwot świadczeń na pokrycie kosztów utrzymania dziecka wynikające z ustawy o wspieraniu rodziny jest zgodne z konstytucją.

Dnia 23 kwietnia 2013 r. Trybunał Konstytucyjny rozpoznał wniosek grupy posłów na Sejm dotyczący likwidacji ośrodków adopcyjno-opiekuńczych, kryteriów tworzenia ośrodków adopcyjnych, wysokości kwoty świadczeń dla rodzin zastępczych. Trybunał Konstytucyjny orzekł, że art. 80 ust. 1 ustawy z dnia 9 czerwca 2011 r. o wspieraniu rodziny i systemie pieczy zastępczej jest zgodny z art. 32 ust. 1 konstytucji. W pozostałym zakresie Trybunał umorzył postępowanie. Zdanie odrębne zgłosiła sędzia TK Teresa Liszcz.

Art. 80 ust. 1 ustawy o o wspieraniu rodziny i systemie pieczy zastępczej (dalej wspierania rodziny) różnicuje wysokość świadczenia przysługującego na pokrycie kosztów utrzymania dziecka w zależności od tego, czy dziecko przebywa w rodzinie zastępczej spokrewnionej, czy też w rodzinie zastępczej zawodowej, rodzinie zastępczej niezawodowej lub rodzinnym domu dziecka. Przy tym rodzinę zastępczą spokrewnioną tworzą wstępni lub rodzeństwo dziecka. Zdaniem Trybunału Konstytucyjnego, sytuacja prawna spokrewnionych rodzin zastępczych została przez ustawodawcę w sposób zasadny zróżnicowana w stosunku do innych form rodzinnej pieczy zastępczej. Czynnika różnicującego wnioskodawca zdaje się nie dostrzegać, a tym samym jego argumentacja na temat niezgodności kwestionowanego przepisu z art. 32 ust. 1 konstytucji jest niesłuszna.

Zróżnicowana kwota świadczeń na pokrycie kosztów utrzymania dziecka przyznawanych rodzinie zastępczej spokrewnionej w stosunku do tej kwoty, która przysługuje w przypadku innych form rodzinnej pieczy zastępczej wynika stąd, że z mocy prawa na wstępnych i rodzeństwie ciąży obowiązek alimentacyjny w odniesieniu do dziecka objętego opieką. Świadczenie wynikające z art. 80 ust. 1 pkt 1 ustawy o wspieraniu rodziny ma zatem charakter wspomagający wywiązywanie się z ustawowego obowiązku dostarczania środków utrzymania, a w miarę potrzeby także środków wychowania, który – na mocy art. 128 ustawy – Kodeks rodzinny i opiekuńczy (dalej: k.r.o.) – obciąża krewnych w linii prostej oraz rodzeństwo. Tym samym sytuacja prawna rodzin zastępczych spokrewnionych, w kontekście zakresu obowiązków związanych z pieczą nad dzieckiem, różni się w sposób zasadniczy od sytuacji innych form rodzinnej pieczy zastępczej wymienionych w art. 39 ust. 1 ustawy o wspieraniu rodziny. Ta różnica jest skutkiem istnienia więzi pokrewieństwa między dzieckiem pozbawionym opieki i wychowania rodziców a osobami tworzącymi taką rodzinę zastępczą. Z więzią tą ustawodawca łączy istnienie prawnego obowiązku alimentacyjnego będącego wyrazem solidarności rodzinnej i mającego silne oparcie w nakazach moralnych. Wobec tego zakres prawnych obowiązków rodzin zastępczych spokrewnionych wobec dziecka pozbawionego opieki i wychowania rodziców jest szerszy od zakresu obowiązków spoczywających na niezawodowych i zawodowych rodzinach zastępczych oraz rodzinnych domach dziecka. To rozszerzenie dotyczy w szczególności istnienia ustawowego obowiązku alimentacyjnego mającego źródło w przepisach k.r.o.
Przyczyną umorzenia postępowania w zakresie badania zgodności art. 244 ust. 4 i art. 245 ust. 1 ustawy o wspieraniu rodziny z art. 32 konstytucji jest oczywista bezzasadność wniosku wynikająca z dokonania przez wnioskodawcę nieprawidłowej wykładni kwestionowanych przepisów. Doprowadziła ona do błędnego wniosku, jakoby przepisy te są podstawą wskazania grupy podmiotów odznaczających się wspólną cechą istotną oraz, w konsekwencji, nieuprawnionego w świetle art. 32 konstytucji różnicowania podmiotów w ramach wspomnianej grupy.

Źródło: serwis prasowy Trybunału Konstytucyjnego
Opracowanie redakcyjne: Mariusz Kubeł

 

Opublikował: admin Kategorie: Pomoc Społeczna, Rodzina, Wyróżnione

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