Social service system for elderly and disabled citizens Russian Federation is a multicomponent structure that includes social institutions and their divisions (services) that provide services to older people. Currently, it is customary to distinguish such forms of social services as stationary, semi-stationary, non-stationary social services and urgent social assistance.
For many years, the system of social services for older citizens was represented only by stationary social service institutions. It included boarding homes for the elderly and disabled general type and partly psychoneurological boarding schools. Psychoneurological boarding schools accommodate both disabled people of working age with corresponding pathologies, as well as older people in need of specialized psychiatric or psychoneurological care. State statistical reporting on psychoneurological boarding schools (form No. 3-social security) does not provide for the allocation of the number of persons over working age in their contingent. By various estimates and the results of research can be judged that among those living in such institutions there are up to 40~50% of elderly people with mental disorders.
From the late 80s - early 90s. last century, when in the country, against the backdrop of a progressive aging population, the socio-economic situation of a significant part of citizens, including the elderly, sharply deteriorated, there was an urgent need for a transition from the previous system social security to the new one - social protection system.
The experience of foreign countries has demonstrated the legitimacy of using, in order to ensure the full social functioning of the aging population, a system of non-stationary social services close to the permanent location of those familiar to older people social networks and effectively promoting activity and healthy longevity of the older generation.
A favorable foundation for the implementation of this approach is the UN Principles adopted in relation to older people - “Making fuller lives for older people” (1991), as well as the recommendations of the Madrid International Plan of Action on Aging (2002). The age above the working age (old age, old age) is beginning to be considered by the world community as the third age (after childhood and maturity), which has its own merits. Elderly people can productively adapt to a change in their social status, and society is obliged to create the necessary conditions for this.
According to social gerontologists, one of the main factors of successful social adaptation for older people is to maintain their need for social activity and to develop a course for positive aging.
In solving the problem of creating conditions for the realization of the personal potential of older Russians important role allocated to the development of the infrastructure of non-stationary social service institutions, which, along with the provision of medical, social, psychological, economic and other assistance, should provide support for leisure and other feasible socially oriented activities of older citizens, and facilitate educational work in their environment.
The formation of structures providing urgent social assistance and serving elderly people at home was promptly begun. Gradually they transformed into independent institutions - social service centers. Initially, the centers were created as social services providing home-based services, but social practice put forward new tasks and suggested appropriate forms of work. Semi-stationary social services began to be provided by day care departments, temporary residence departments, social rehabilitation departments and other structural units opened at social service centers.
The complexity of social services, the use of technologies and approaches that are necessary for a particular elderly person and available in the existing social conditions, have become characteristic features of the emerging system of social services for older people. All new services and their structural divisions were created as much as possible (in organizational and territorially) close to older people. Unlike previous inpatient services, which were under the jurisdiction of regional social protection authorities, social service centers have both regional and municipal affiliation.
At the same time, the system of inpatient social services underwent transformations: the tasks of providing medical care and care were supplemented with the functions of preserving the social inclusion of older people, their active, active lifestyle; gerontological (gerontopsychiatric) centers and boarding houses of mercy for the elderly and disabled people in need of high-level social and medical services and palliative care began to be created.
Through the efforts of local communities, as well as enterprises, organizations and individuals, small-capacity stationary social institutions are created - mini-boarding schools (mini-boarding houses), which house up to 50 senior citizens from among local residents or former employees of this organization. Some of these institutions operate in a semi-stationary mode - they accept elderly people mainly for the winter period, and in the warm season the residents return home to their garden plots.
In the 1990s. In the system of social protection of the population, sanatorium-resort-type institutions appeared - social health (social rehabilitation) centers, which were created primarily for economic reasons ( health resort vouchers and travel to the treatment site is quite expensive). These institutions accept elderly citizens referred by social protection authorities for social and medical services, the courses of which are designed for
24-30 days. In a number of regions, such forms of work as “sanatorium at home” and “outpatient sanatorium” are carried out, which provide for the provision of medicinal treatment, necessary procedures, delivery of food to the elderly, veterans and disabled people at their place of residence, or the provision of these services in a clinic or in social service center.
Currently, the social protection system also has special homes for single elderly citizens, social canteens, social shops, social pharmacies and “Social Taxi” services.
Stationary social service institutions for the elderly and disabled. The network of inpatient social service institutions in Russia is represented by over 1,400 institutions, the vast majority of which (1,222) serve elderly citizens, including 685 boarding homes for the elderly and disabled people (of a general type), including 40 special institutions for the elderly and disabled people returning from places of serving sentences; 442 psychoneurological boarding schools; 71 boarding houses of mercy for the elderly and disabled; 24 gerontological (gerontopsychiatric) centers.
Over ten years (since 2000), the number of inpatient social service institutions for the elderly and disabled has increased 1.3 times.
In general, among elderly people living in inpatient social service institutions there are more women (50.8%) than men. Noticeably more women live in gerontological centers (57.2%) and in charity homes (66.5%). In psychoneurological boarding schools specific gravity There are significantly fewer women (40.7%) Apparently, women cope with social and everyday problems relatively easier against the backdrop of serious deterioration in health in old age and retain the ability to self-care longer.
A third of residents (33.9%) are on permanent bed rest in inpatient social service institutions. Since the life expectancy of older people in such institutions exceeds the average for this age category, many of them remain in a similar condition for several years, which worsens their quality of life and poses difficult challenges for the staff of boarding homes.
Currently, the law enshrines the right of every elderly person in need of constant care to receive inpatient social services. At the same time, there are no standards for the creation of boarding houses in certain areas. Institutions are located quite unevenly across the country and individual constituent entities of the Russian Federation.
The dynamics of development of both the network of stationary social service institutions and their main types did not allow us to fully satisfy the needs of older citizens for stationary social services, or to eliminate the waiting list for placement in boarding homes, which in general has almost doubled over 10 years.
Thus, despite the increase in the number of inpatient social service institutions and the number of residents living in them, the scale of the need for relevant services is growing at a faster pace and the volume of unmet demand has increased.
As positive aspects of the dynamics of development of inpatient social service institutions, one should indicate the improvement of living conditions in them by reducing the average number of inhabitants and increasing the area of bedrooms per bed to almost sanitary standards. There has been a tendency to disaggregate existing inpatient social service institutions and improve the comfort of living in them. The noted dynamics are largely due to the expansion of the network of low-capacity boarding houses.
Over the past decade, specialized social service institutions have developed - gerontological centers and boarding houses of mercy for the elderly and disabled. They develop and test technologies and methods that correspond to the modern level of providing social services elderly and disabled people. However, the pace of development of such institutions does not fully meet objective social needs.
In most regions of the country there are practically no gerontological centers, which is mainly due to existing contradictions in the legal and methodological support for the activities of these institutions. Until 2003, the Russian Ministry of Labor recognized only institutions with permanent residence facilities as gerontological centers. At the same time, the Federal Law “On the Fundamentals of Social Services for the Population in the Russian Federation” (Article 17) does not include gerontological centers in the range of inpatient social service institutions (subclause 12, clause 1) and distinguishes them as an independent type of social service (subclause 13 item 1). In reality, various gerontological centers with differentiated types and forms of social services exist and operate successfully.
For example, Krasnoyarsk regional gerontological center “Uyut”, created on the basis of a sanatorium-preventorium, it provides rehabilitation and health-improving services to veterans using a form of semi-stationary service.
A similar approach is practiced along with scientific, organizational and methodological activities and Novosibirsk Regional Gerontological Center.
The functions of charity houses have largely been taken over by Gerontological Center “Ekaterinodar”(Krasnodar) and gerontological center in Surgut Khanty-Mansiysk Autonomous Okrug.
Practice shows that gerontological centers to a greater extent perform the tasks of care, provision of medical services and palliative care, more likely to be characteristic of compassionate homes. In the current situation, people on bed rest and in need of constant care make up almost half of all residents in gerontological centers, and over 30% in boarding homes specially designed to serve such a contingent.
Some gerontological centers, for example Gerontological Center “Peredelkino”(Moscow), Gerontological Center “Cherry”(Smolensk region), Gerontological Center “Sputnik”(Kurgan region), perform a number of functions that are not fully implemented by medical institutions, thereby satisfying the existing needs of older people for medical care. However, at the same time, the own functions and tasks of gerontological centers for which they are created may fade into the background.
Analysis of the activities of gerontological centers allows us to conclude that scientifically applied and methodological orientation should prevail in it. Such institutions are designed to contribute to the formation and implementation of scientifically based regional social policies regarding older people and people with disabilities. There is no need to open many gerontological centers. It is enough to have one such institution, under the jurisdiction of the regional social protection body, in each subject of the Russian Federation. The provision of routine social services, including care, should be provided by specially designated general boarding houses, psychoneurological boarding schools and houses of mercy.
So far, without serious methodological support from federal center, the heads of territorial bodies of social protection of the population are in no hurry to create specialized institutions, preferring, if necessary, to open gerontological (usually gerontopsychiatric) departments and mercy departments in already existing inpatient social service institutions.
Non-stationary and semi-stationary forms of social services for the elderly and disabled. The vast majority of older people and disabled people prefer and receive social services in the forms of non-stationary (home-based) and semi-stationary social services, as well as urgent social assistance. The number of elderly people served outside of inpatient institutions is over 13 million people (about 45% of the country’s total elderly population). The number of older citizens living at home and receiving various types of services from social-gerontological services exceeds the number of elderly residents of inpatient social service institutions by almost 90 times.
The main type of non-stationary social protection services in the municipal sector are social service centers, implementing non-stationary, semi-stationary forms of social services for elderly and disabled citizens and urgent social assistance.
From 1995 to the present, the number of social service centers has increased almost 20 times. IN modern conditions There are relatively low growth rates in the network of social service centers (less than 5% per year). The main reason is that municipalities lack the necessary financial resources and material resources. To a certain extent, for the same reason, existing social service centers began to be transformed into comprehensive social service centers for the population, providing a range of social services to all categories of low-income and socially vulnerable citizens.
In itself, a quantitative reduction in the network of social service centers does not necessarily constitute alarming phenomenon. Perhaps the institutions were opened without proper justification, and the population of the respective regions does not need their services. Perhaps the absence of centers or a reduction in their number when there is a need for their services is due to subjective reasons (the use of a social service model that differs from the generally accepted one, or the lack of necessary financial resources).
There are no calculations of the population’s need for the services of social service centers, there are only guidelines: each municipality must have at least one social service center for elderly and disabled citizens (or comprehensive center social services for the population).
Accelerating the development of centers is possible only with high interest from government agencies and appropriate financial support from municipalities, which today seems unrealistic. But it is possible to change the guidelines when determining the need for social service centers from the municipality to the number of elderly people and disabled people in need of social services.
Home-based form of social service. This form, preferred by older people, is most effective in terms of the “resources-results” ratio. Home-based social services for the elderly and disabled are implemented through social service departments at home And specialized departments of social and medical care at home, which are most often structural divisions of social service centers. Where there are no such centers, departments operate as part of social protection authorities and, less often, within the structure of stationary social service institutions.
Specialized departments of social and medical care at home are developing quite quickly, providing differentiated medical and other services. The share of persons served by these departments in the total number of people served by all departments of home care for the elderly and disabled since the 90s. last century increased more than 4 times.
Despite the significant development of the network of the branches in question, the number of elderly and disabled people registered and waiting their turn to be accepted for home-based services is declining slowly.
A serious problem of social services at home remains the organization of the provision of social and socio-medical services to elderly people living in rural areas, especially in remote and sparsely populated villages. In the country as a whole, the share of clients of social service departments in rural areas is less than half, of clients of social and medical service departments - a little more than a third. These indicators correspond to the settlement structure (ratio of urban and rural population) of the Russian Federation; there is even some excess in services provided to the rural population. At the same time, services to the rural population are difficult to organize; they are the most labor-intensive. Social service institutions in rural areas have to provide heavy work - digging up gardens, delivering fuel.
Against the backdrop of the widespread closure of rural medical institutions, the most alarming situation seems to be the organization of home-based social and medical services for elderly villagers. A number of traditionally agricultural territories (Republic of Adygea, Udmurt Republic, Belgorod, Volgograd, Kaluga, Kostroma, Lipetsk region) if there are departments of social and medical services, they do not provide rural residents with this type of service.
Semi-stationary form of social service. This form is presented in social service centers by day care departments, temporary residence departments and social rehabilitation departments. At the same time, not all social service centers have these structural units.
In the mid-90s. last century, the network developed at a rapid pace temporary residence departments, since, given the large waiting list for state inpatient social service institutions, there was an urgent need to find an alternative option.
Over the past five years, the growth rate in the number day care departments decreased noticeably.
Against the backdrop of a decline in the development of day care departments and temporary residence departments, the activities of social rehabilitation departments. Although their growth rate is not very high, the number of clients they serve is growing quite significantly (doubling over the last ten years).
The average capacity of the units under consideration practically did not change and amounted to an average of 27 places for the year for day care departments, 21 places for temporary residence departments, and 17 places for social rehabilitation departments.
Urgent social assistance. The most massive form of social support for the population in modern conditions is urgent social services. The corresponding departments operate mainly in the structure of social service centers; there are such divisions (services) in the social protection authorities. It is difficult to obtain accurate information about the organizational basis on which this type of assistance is provided; separate statistical data does not exist.
According to operational data ( official statistics no), received from a number of regions, up to 93% of recipients of urgent social assistance are elderly and disabled.
Social and health centers. Every year, social and health centers occupy an increasingly prominent place in the structure of gerontological services. The base for them most often becomes former sanatoriums, rest homes, boarding houses and pioneer camps, which for various reasons repurpose the direction of their activities.
There are 60 social and health centers operating in the country.
The undisputed leaders in the development of a network of social health centers are the Krasnodar Territory (9), the Moscow Region (7) and the Republic of Tatarstan (4). In many regions such centers have not yet been created. Mostly such institutions are concentrated in Southern (19), Central and Volga (14 each) federal districts. There is not a single social and health center in the Far Eastern Federal District.
Social assistance for elderly people without a fixed place of residence. According to operational data from the regions, up to 30% of elderly people are registered among persons without a fixed place of residence and occupation. In this regard, social assistance institutions for this population group also deal with gerontological problems to some extent.
Currently, there are over 100 institutions for persons without a fixed place of residence and occupation in the country with more than 6 thousand beds. The number of persons served by institutions of these types increases quite noticeably from year to year.
Social services provided to older people and people with disabilities in such institutions are complex in nature - it is not enough to simply provide care, social services, treatment and social and medical services. Sometimes elderly people and disabled people with severe psychoneurological pathology do not remember their name or place of origin. It is necessary to restore the social and often legal status of clients, many of whom have lost their documents, do not have permanent housing and therefore have nowhere to send them. Persons retirement age, as a rule, are registered for permanent residence in boarding homes or psychoneurological boarding schools. Some older citizens of this group are capable of social rehabilitation, restore their work skills or acquire new skills. Such people are provided with assistance in obtaining housing and work.
Special houses for lonely elderly people. Lonely elderly people can be helped through system of special houses, the organizational and legal status of which remains controversial. In state statistical reporting, special houses are taken into account together with non-stationary and semi-permanent structures. Moreover, they are more likely not institutions, but a type of housing in which only older people live under agreed conditions. Social services can be created at special houses and even branches (departments) of social service centers can be located.
The number of people living in special residential buildings, despite the unstable development of their network, is slowly but steadily growing.
Most special homes for single elderly citizens are low-capacity homes (less than 25 residents). Most of them are located in rural areas, only 193 special houses (26.8%) are located in urban areas.
Small special houses do not have social services, but their residents, like older citizens living in other types of houses, can receive services from social and socio-medical services at home.
Not all subjects of the Russian Federation have special houses yet. Their absence to some extent, although not in all regions, is compensated by the allocation social apartments, the number of which is over 4 thousand, more than 5 thousand people live in them. More than a third of people living in social apartments receive social and socio-medical services at home.
Other forms of social assistance for the elderly. The activities of the social service system for older citizens and disabled people, with certain reservations, include: providing elderly people with free food and essential goods at affordable prices.
Share social canteens in the total number of public catering establishments engaged in organizing free meals is 19.6%. They serve about half a million people.
In the social protection system, the network is successfully developing social stores and departments. Over 800 thousand people are attached to them, which is almost one third of the people served by all specialized stores and departments (sections).
Most social canteens and social shops are part of the structure of social service centers or comprehensive social service centers for the population. The rest are managed by social protection authorities or social support funds for the population.
Statistical indicators of the activities of these structures are characterized by significant scattering, and in some regions, the information presented is incorrect.
Despite the increase in the number of citizens living in inpatient institutions and receiving services at home, the need of older people for social services is increasing.
The development of the social service system for the population in all its diversity of organizational forms and types of services provided reflects the desire to meet the various needs of older citizens and disabled people in need of care. Full satisfaction of reasonable social needs First of all, it is hampered by the lack of resources in the constituent entities of the Russian Federation and municipalities. In addition, a number of subjective reasons should be indicated (methodological and organizational inadequacy of some types of social services, lack of a consistent ideology, a unified approach to the implementation of social services).
- Tomilin M.A. The place and role of social services in modern conditions as one of the most important components of social protection of the population // Social services for the population. 2010. No. 12.S. 8-9.
Network of inpatient facilities social services in Russia are represented by 1,400 institutions, the vast majority of which (1,222, or 87.3% of the total number) serve elderly citizens, including 685 (56.0% total number institutions) boarding homes for the elderly and disabled (general type), including 40 special institutions for the elderly and disabled who have returned from places of serving their sentences; 442 (36.2%) psychoneurological boarding schools; 71 (5.8%) boarding houses of mercy for the elderly and disabled; 24 (2.0%) gerontological (gerontopsychiatric) centers.
Over 200 thousand people currently live in inpatient social service institutions. This number includes disabled children and people of working age who need constant care and medical care. There were 150-160 thousand people living in the elderly, which is just over 0.5% of the total number of older citizens.
Over the past five years, the number of places in all inpatient social service institutions has increased by only 3.5%, in general boarding homes - by 8.4%. In psychoneurological boarding schools, there was a decrease in the total bed capacity of 3.6%. The number of people living in these institutions changed in approximately the same proportions: 1.1 and 11.8 > more and 0.4% less, respectively.
The dynamics of development of both the network of stationary social service institutions and their main types did not make it possible to fully satisfy the needs of older citizens for stationary social services, to eliminate the waiting list for placement in boarding schools, which in general increased by 2.5 times over 10 years, general type boarding houses - 6.1 times, in psychoneurological boarding schools - 2.1 times.
Thus, despite the increase in the number of inpatient social service institutions and the number of residents living in them, the scale of the need for relevant services increased at a faster pace and the volume of unsatisfied demand increased.
As positive aspects of the dynamics of development of stationary social service institutions, one should indicate the improvement of living conditions in them by reducing the average number of inhabitants and increasing the area of bedrooms per bed almost to sanitary standards. The average capacity of a general boarding house over 13 years decreased from 293 to 138 places (more than twice), a psychoneurological boarding school - from 310 to 297 places. The average area of living rooms increased to 6.91 and 5.91 m2, respectively. The given indicators reflect the trend of disaggregation of existing inpatient social service institutions and increasing the comfort of living in them. The noted dynamics are largely due to the expansion of the network of low-capacity boarding houses.
Over the past decade, specialized social service institutions have developed - gerontological centers and boarding houses of mercy for the elderly and disabled. They develop and test technologies and methods that correspond to the modern level of providing social services to the elderly and disabled. However, the pace of development of such institutions does not fully meet objective social needs.
In most regions of the country there are no gerontological centers yet, which is mainly due to existing contradictions in the legal and methodological support for the activities of these institutions. Until 2003, the Russian Ministry of Labor recognized only institutions with permanent residence facilities as gerontological centers. At the same time, Federal Law No. 195-FZ of December 10, 1995 “On the Fundamentals of Social Services for the Population in the Russian Federation” (Article 17) does not include gerontological centers in the range of inpatient social service institutions (subclause 12, clause 1) and highlighted as an independent type of social service (subclause 13, clause 1). In reality, various gerontological centers with differentiated types and forms of social services exist and operate successfully.
For example, Krasnoyarsk regional gerontological center "Uyut", created on the basis of a sanatorium-preventorium, it provides rehabilitation and health-improving services to veterans using a form of semi-stationary service.
A similar approach is practiced along with scientific, organizational and methodological activities and was created in 1994 among the first Novosibirsk Regional Gerontological Center.
The functions of charity houses have largely taken over Gerontological Center "Ekaterinodar" (Krasnodar) and gerontological center in Surgut Khanty-Mansiysk Autonomous Okrug.
In general, statistical reporting data indicate that gerontological centers to a greater extent perform the tasks of care, provision of medical services and palliative care, more likely to be characteristic of compassionate homes. In the current situation, people on bed rest and in need of constant care make up 46.6% of all residents in gerontological centers, and 35.0% in boarding homes specially designed to serve such a contingent.
Some gerontological centers, for example Gerontological Center "Peredelkino" (Moscow), Gerontological Center "Cherry" (Smolensk region), Gerontological Center "Sputnik" (Kurgan region), perform a number of functions that are not fully implemented by medical institutions, thereby satisfying the existing needs of older people for medical care. However, at the same time, the own functions and tasks of gerontological centers for which they are created may fade into the background.
Analysis of the activities of gerontological centers allows us to conclude that scientific, applied and methodological orientation should prevail in it. Such institutions are designed to contribute to the formation and implementation of scientifically based regional social policies regarding older people and people with disabilities. There is no need to open many gerontological centers. It is enough to have one such institution, under the jurisdiction of the regional social protection body, in each subject of the Russian Federation. The provision of routine social services, including care, should be provided by specially designated general boarding houses, psychoneurological boarding schools and houses of mercy.
So far, without serious methodological support from the federal center, the heads of territorial bodies of social protection of the population are in no hurry to create specialized institutions, preferring, if necessary, to open gerontological (usually gerontopsychiatric) departments and mercy departments in already existing inpatient social service institutions.
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MINISTRY OF EDUCATION OF THE REPUBLIC OF BASHKORTOSTAN
STATE AUTONOMOUS EDUCATIONAL
INSTITUTION
SECONDARY VOCATIONAL EDUCATION
TUYMAZINSKY STATE LAW COLLEGE
DEPARTMENT OF LEGAL DISCIPLINES
Inpatient social services
elderly and disabled people
COURSE WORK
SHAPILOVA NATALIA ALEKSANDROVNA
040401.52 SOCIAL WORK
SCIENTIFIC ADVISER:
MINIKHANOVA N.I.
TEACHER
SOCIAL WORK WITH ELDERLY AND DISABLED PEOPLE
TUYMAZY 2012
Introduction
System of inpatient social services for the elderly and disabled
Institutions for inpatient social services for the elderly and disabled
Inpatient social services
Conclusion
List of sources and literature
Introduction
In modern socio-economic conditions, one of the most important tasks of social policy is the support and social protection of disabled people, veterans, elderly citizens, as well as interrelated organizational, legal, socio-economic conditions for the implementation of measures to improve their situation and strengthen social protection, taking into account current demographic and socio-economic situation
Inpatient social services include measures to create living conditions for elderly citizens and people with disabilities that are most adequate to their age and health status, rehabilitation measures of a medical, social and medical-labor nature, provision of care and medical assistance, organization of their rest and leisure.
The problems of inpatient social services for elderly citizens and the disabled are very relevant in our time, because inpatient institutions for the elderly and disabled respond poorly to numerous reforms. Nursing homes perform their functions based on their own interests rather than the interests of the people using their services. The federal and local budgets are chronically short of funds; the number of people in need of placement in such institutions seriously exceeds the number of places that can accommodate those interested. Thus, the situation in boarding schools for the elderly and disabled remains very serious.
The degree of development and theoretical and methodological basis of the research. Various aspects of this problem were considered in the works of domestic scientists and authors: S.A. Filatova, S.A. Sushchenko E.I. Kholostova, R. S. Yatsemirskaya, etc.
The work of inpatient social institutions is among the priority areas that determine modern politics states. This is evidenced by the normative legal acts, reflecting questions professional activity social work working with older people and people with disabilities:
Resolution of the Ministry of Labor and Social Affairs protection of the population of the Russian Federation dated 08.08.2002 No. 54;
“Federal List of State-Guaranteed Social Services Provided to Elderly Citizens and Disabled Persons by State and Municipal Social Service Institutions.”
The results of our analysis of scientific literature and regulatory documents showed that the measures taken on this problem are insufficient and require further development and research.
The problem and its relevance determined the topic of our research: “Social inpatient services for the elderly and disabled.”
The object of the study is the process of inpatient social services for the elderly and disabled.
The subject of the research is inpatient social services for the elderly and disabled.
The purpose of the study is to study the features of inpatient social services for the elderly and disabled.
The following tasks follow from this goal:
study the system and principles of inpatient social services for the elderly and disabled;
characterize inpatient social service institutions;
consider inpatient social services;
Research methods. To solve the problems and verify the starting points, a complex of complementary research methods was used: analysis, special, pedagogical, psychological, legal literature, and legal documents; praximetric (studying and summarizing the experience of professional activities of social work).
Theoretical significance of the study. The results of the study expand the scientific understanding of the basic principles of the work of a social worker. The essential characteristics of individual research concepts will form the basis for subsequent theoretical understanding of the problem under study. The results of the theoretical study will expand scientific understanding of social work with the elderly and disabled.
The material for the theoretical study was systematized on the basis of legal documents of social workers, scientific, methodological and special literature.
The structure of the work corresponds to the logic of the study and consists of an introduction, a main part, which includes three independent paragraphs, a conclusion, and a list of references.
Inpatient social service system
Inpatient social services are aimed at providing comprehensive social and everyday assistance to elderly citizens and disabled people who have partially or completely lost the ability to self-care and who, for health reasons, require constant care and supervision.
Inpatient social services for elderly and disabled citizens are provided in inpatient social service institutions (departments) profiled in accordance with their age, health and social status.
Elderly citizens and disabled people who have partially or completely lost the ability to self-care and need constant outside care, from among particularly dangerous repeat offenders released from prison and other persons for whom administrative supervision has been established in accordance with current legislation, as well as elderly citizens and disabled people who have previously been convicted or have been repeatedly brought to administrative responsibility for violating public order, engaged in vagrancy and begging, who are sent from institutions of the internal affairs bodies, in the absence of medical contraindications and at their personal request, are accepted for social services in special inpatient social service institutions in the manner , determined by the executive authorities of the constituent entities of the Russian Federation.
Elderly citizens and disabled people living in stationary social service institutions and constantly violating the procedure for living in them established by the Regulations on the social service institution may, at their request or by a court decision adopted on the basis of a submission from the administration of these institutions, be transferred to special stationary social service institutions. service .
Citizens living in inpatient institutions receive the entire range of social services, from medical care to social labor rehabilitation. Taking into account age, health status and some other factors, various types of institutions are created: boarding schools for the elderly and disabled, boarding houses for labor veterans, psychoneurological boarding schools, orphanages and shelters, etc.
Inpatient institutions for the elderly and disabled accept citizens of retirement age, as well as disabled people of the 1st and 2nd groups over 18 years of age who do not have able-bodied children or parents obligated by law to support them. On a first-priority basis, disabled people and participants of the Great Patriotic War, family members of deceased servicemen, as well as deceased disabled people and war participants are admitted to boarding homes. If there are available places, temporary residence of these persons is permitted for a period of 2 to 6 months.
One of the indispensable conditions for admission is voluntariness, therefore, documents are processed only with a written application from a citizen, and for persons under 14 years of age and persons recognized as legally incompetent - a written application from their legal representatives. At any time, a citizen can refuse inpatient care and leave it.
Bacteria or virus carriers, chronic alcoholics, patients with active forms of tuberculosis, severe mental disorders, venereal and other infectious diseases among elderly citizens and disabled people may be denied social services at home on the basis of a joint conclusion of the social protection authority (administration of the municipal social service center ) and the medical advisory commission of the healthcare institution.
Persons living in inpatient institutions have the right to: living conditions in accordance with sanitary and hygienic requirements; nursing, primary health care and dental care; free specialized medical and prosthetic and orthopedic care; voluntary participation in the medical and labor process, taking into account medical recommendations; free visits by a notary, lawyer, relatives and other persons; preservation of residential premises occupied under a rental or lease agreement in state, municipal and public housing stock for 6 months from the date of admission to the hospital, etc.
The hospital administration is obliged to: respect human and civil rights; ensure personal integrity and safety of citizens; allocate separate living quarters for spouses to live together; ensure the possibility of unhindered reception of visitors at any time; ensure the safety of things; provide the opportunity to use telephone and postal communications in accordance with established tariffs, etc.
According to the resolution “On the procedure for the participation of elderly citizens and disabled people living in inpatient social service institutions in treatment labor activity(approved by Decree of the Government of the Russian Federation of December 26, 1995 N 1285):
1. The main objectives of medical and labor activity of elderly citizens and disabled people living in inpatient social service institutions (hereinafter referred to as citizens, inpatient institutions, respectively) are occupational therapy and improvement of the general health of citizens, their labor training and retraining in order to master a new professions in accordance with their physical capabilities, medical indications and other circumstances.
2. The involvement of citizens in medical and labor activities is carried out on a voluntary basis, taking into account their state of health, interests, desires and on the basis of the conclusion of a doctor at a hospital institution (for disabled people - in accordance with the recommendations of the medical and labor expert commission).
3. In inpatient institutions, various types of medical and labor activities are organized, differing in nature and complexity and meeting the capabilities of citizens with different levels of intelligence, physical defects, and residual working capacity. Medical work activities can also be organized in the form of work in subsidiary rural farms of inpatient institutions.
4. Therapeutic work activities of citizens in inpatient institutions are carried out by labor instructors and worker training instructors in accordance with schedule plans and individual rehabilitation programs.
Specialists and workers may be involved to perform the work necessary to organize medical work activities.
5. The duration of medical and labor activity of citizens should not exceed 4 hours a day.
6. For each citizen participating in medical and labor activity, the doctor of the inpatient institution maintains an individual card of medical and labor activity.
7. The determination of the type and duration of medical and labor activity is carried out by a doctor of a hospital institution specifically for each citizen, taking into account his desire, about which a corresponding entry is made in the medical history and an individual card of medical and labor activity.
Inpatient social service institutions owned by federal or municipal authorities are financed from budgets at various levels.
The following categories of minors have the right to admission to the institution: those without parental care; those in need of social rehabilitation and emergency medical and social assistance; experiencing difficulties in communicating with parents, peers, teachers and other persons; living in dysfunctional families; subjected to physical or psychological violence; those who refused to live in families or institutions for orphans and children left without parental care.
It is not allowed to place children with diseases that require active medical intervention, as well as those in a state of alcohol or drug intoxication, mentally ill people who have committed a crime.
The source of funding is the budgets of the constituent entities of the Russian Federation.
A new social service institution is women's crisis centers. Inpatient departments of the center are created for the stay of women for a period of no more than 2 months. Women who are in a crisis and a state dangerous to their physical and mental health, or who have been subjected to psychophysical violence, are provided with psychological, legal, pedagogical, social and other assistance at any time of the day. The centers are funded from the budget. Certain types of assistance may be provided for a fee.
Elderly citizens and disabled people living in inpatient social service institutions have the right to:
providing them with living conditions that meet sanitary and hygienic requirements;
nursing, primary health care and dental care provided in a residential social service facility;
socio-medical rehabilitation and social adaptation;
voluntary participation in the medical and labor process, taking into account the state of health, interests, desires in accordance with the medical report and labor recommendations;
medical and social examination carried out for medical reasons to establish or change the disability group; free visits by a lawyer, notary, legal representatives, representatives of public associations and a clergyman, as well as relatives and other persons;
free assistance from a lawyer in the manner prescribed by current legislation;
providing them with premises for the performance of religious rites, creating appropriate conditions for this that do not contradict the internal regulations, taking into account the interests of believers of various faiths;
preservation of residential premises occupied by them under a rental or rental agreement in state, municipal and public buildings housing funds within six months from the date of admission to a stationary social service institution, and in cases where members of their families remain living in the residential premises - during the entire period of stay in this institution.
In case of refusal of the services of a stationary social service institution after the expiration of the specified period, elderly citizens and disabled people who have vacated residential premises due to their placement in these institutions have the right to priority provision of residential premises if the previously occupied residential premises cannot be returned to them .
participation in public commissions to protect the rights of elderly citizens and people with disabilities, created, among other things, in social service institutions.
Disabled children living in stationary social service institutions, who are orphans or deprived of parental care, upon reaching 18 years of age, are subject to provision of residential premises out of turn by the authorities local government at the location of these institutions or at the place of their previous residence of their choice, if the individual rehabilitation program provides for the opportunity to provide self-care;
Disabled children living in inpatient social service institutions have the right to receive education and vocational training in accordance with their physical capabilities and mental abilities. This right is ensured by organizing special educational institutions (classes and groups) and labor training workshops in stationary social service institutions in the manner prescribed by current legislation.
Elderly citizens and disabled people living in state social service institutions and in need of specialized medical care are sent for examination and treatment to state health care institutions. Payment for treatment of elderly citizens and disabled people in the specified health care institutions is carried out in accordance with the established procedure at the expense of appropriate budgetary allocations and funds health insurance.
Elderly citizens and disabled people living in inpatient social service institutions have the right to freedom from punishment. For the purpose of punishing elderly and disabled citizens or creating convenience for the staff of these institutions, the use of medicines, means of physical restraint, as well as isolation of elderly and disabled citizens is not allowed. Persons guilty of violating this norm bear disciplinary, administrative or criminal liability established by the legislation of the Russian Federation.
Thus, studying the system of stationary social services, we can conclude that stationary social services are the provision of social services: assistance in housekeeping, temporary placement in a social protection institution, etc. In a broad sense, social services include other types of social security, in addition to cash payments, including: child protection, maternity protection, disabled people, medicine, education, etc.
Inpatient social service institutions
Inpatient social service institutions include: psychoneurological boarding schools; boarding houses; nursing homes (gerontological centers); orphanages for the disabled.
Let's look at some of them:
Psychoneurological boarding school (abbreviated PNI) is a stationary institution for social services persons suffering from mental disorders, who have partially or completely lost the ability to self-care and who are in need due to a mental state, and often physical health in constant care and supervision. Psychoneurological boarding schools are included in common system psychiatric care V Russian Federation and at the same time are institutions social protection population.
The main function currently performed by psychoneurological boarding schools is to provide accommodation for patients and their social and living arrangements. Usually a person stays in a PNI for 15-20 years or more; the concept of discharge is practically absent. This determines the special organization of life for patients, combining elements of a hospital facility and dormitories, as well as patient involvement in work activities.
Labor activity. For organization occupational therapy PNI traditionally has a material and technical base, represented by labor therapy workshops (TMW), subsidiary agriculture and special workshops. The most common types of work in LTM are sewing, carpentry and cardboard; There are also assembly and shoemaking types of work, basket weaving, etc. After 1992 changes in the socio-economic situation in the country led to the fact that LTMs stopped receiving orders and raw materials from the local industry, which resulted in a violation of the right to work of many residents.
In addition, the work activity of PNI patients is often carried out in the following forms:
economic and household activities for maintaining the institution (maintaining cleanliness and order in the premises, caring for the seriously ill, unloading food, etc. - this work is not paid and is often forced, in violation of workers' rights);
activities as part of visiting teams for field work and construction sites;
activities in regular positions in the boarding school and beyond;
Educational activities in PNI should be carried out according to specially developed training programs for socially significant professions, taking into account the degree of intellectual defect. Most often, there is a need to train young PNI patients in the professional skills of a plasterer-painter, carpenter, shoemaker, seamstress, etc., since in institutions of the social protection system there is a need to carry out repairs of buildings, furniture, kitchen utensils, linen, and shoes.
Living conditions in a PNI are usually characterized by monotony of the environment, monotony of everyday life, lack of interesting employment, lack of communication with a healthy environment, dependence on personnel. In many boarding schools, patients live eight to ten people per room; The sanitary area per patient is often 4-5 m², contrary to the standards (7 m²).
Persons living in psychoneurological boarding schools are subject to the general rights of persons suffering from mental disorders. Thus, PNI patients should be informed of their rights, they should be treated humanely and with respect for their human dignity, the conditions of their detention should be as less restrictive as possible, etc. It is also necessary to take into account the rules on consent to treatment, the right to refuse from treatment, the right to keep medical information confidential and other so-called medical rights provided for in Psychiatric Care Act .
contact the PNI administration on issues of treatment, examination, discharge, compliance with rights provided for by the legislation on psychiatric care;
submit uncensored complaints and applications to authorities representative And executive authorities, prosecutor's office, court and lawyer;
meet with a lawyer and a clergyman alone;
perform religious rituals, observe religious canons, including fast, in agreement with the administration, have religious paraphernalia and literature;
subscribe to newspapers and magazines;
receive education according to the program secondary school or special school for children with intellectual disabilities, if the person is under 18 years of age;
receive, on an equal basis with other citizens, remuneration for work in accordance with its quantity and quality, if the citizen participates in productive labor.
Authoritative publications note massive violations of the rights of citizens living in psychoneurological boarding schools. State control over the observance of their rights is often insufficient, and public control is almost completely absent. Characterized by widespread violations of the rights to employment and labor rehabilitation, to systematic training, to integration into society, independent living, own family. Violation of rights is such a common situation in which a person with mental disorders, according to the conclusion of doctors, could be discharged from a psychoneurological institution, but is denied discharge. The most common reason for refusal is lack of housing and the inability to solve the housing problem; other common reasons-- inconsistency of existing legal norms regarding incapacitated persons, the difficulty of obtaining a decision from a medical commission on the possibility of independent living. Cases of discharge from psychoneurological institutions turn out to be isolated; Once in a psychoneurological boarding school, patients usually live there all their lives.
According to human rights activists, in relation to PNI patients, employees often take illegal real estate and misappropriate pensions by illegal means.
The Gerontological Center is designed to provide social services to citizens of older age groups, the purpose of which is to extend active longevity and maintain satisfactory life potential for this category of citizens.
The main objectives of the Gerontological Center are:
provision of social services to citizens of older age groups (care, catering, assistance in obtaining medical, legal, socio-psychological and natural types of assistance, assistance in vocational training, employment, leisure activities, funeral services, etc.
monitoring the social status of citizens of older age groups living in the service area of the Gerontological Center, their age structure, health status, functional abilities and income level in order to timely draw up a forecast and further plan the organization and improve the effectiveness of social services for citizens of older age groups;
implementation of results scientific research in the field of social gerontology and geriatrics in the practice of the Gerontological Center;
interaction with bodies and organizations, including research organizations, social service institutions, on issues of organizing social services for citizens of older age groups, including issues of the practical application of social gerontology and geriatrics in social services for citizens of older age groups.
The following structural units can be created in the Gerontological Center:
for the provision of social services in stationary, semi-stationary and home-based conditions (mercy department, department for providing social services to socially and physically active citizens of older age groups, day (night) stay department, specialized home care department, emergency social assistance department and others);
organizational and methodological department;
social rehabilitation department;
gerontopsychiatric department;
socio-psychological department;
social and medical department;
other divisions and services corresponding to the goals and objectives of the Gerontological Center.
The organizational and methodological department is created for:
monitoring the social status of citizens of older age groups, determining their need for social services, taking into account demographic situation(age composition, population ratio, life expectancy, mortality, fertility), health status, trends and causes of aging (general health, level of medical care provided and decrease in physical activity) and other criteria;
drawing up technologies for social services for citizens of older age groups, taking into account scientific developments in social gerontology and geriatrics and organizing work on their implementation in the practice of the Gerontological Center;
tracking and analysis of scientific developments in social gerontology and geriatrics;
developing directions (forecasts, programs, concepts, strategies, technologies) for the activities of the Gerontological Center for the application of social gerontology and geriatrics in the provision of social services, taking into account the preservation of national traditions of social work; determining directions for the development of additional social services provided by the Gerontological Center to citizens of older age groups;
assessing the effectiveness and quality of social services provided by the Gerontological Center to citizens of older age groups;
interaction with authorities and organizations on issues of social services, as well as social gerontology and geriatrics.
The social rehabilitation department is created for:
carrying out rehabilitation of citizens of older age groups living in the Gerontological Center, including reactivation, resocialization and reintegration;
carrying out activities aimed at extending the active longevity of citizens of older age groups;
4) development and implementation of measures aimed at preserving the vital functions of citizens of older age groups at their place of residence and developing their abilities for everyday self-service and organizing feasible work activities;
developing recommendations and providing assistance to citizens of older age groups in the formation of behavioral forms, including labor rehabilitation and expansion of individual abilities and capabilities: physical activity, acquisition, restoration and maintenance of work skills, reducing the level of dependence on outside help, etc.
The gerontopsychiatric department is being created for:
providing social services to citizens of older age groups suffering from mental disorders in combination with multiple somatic pathologies;
carrying out medical and social rehabilitation in order to prolong active life and preserve the satisfactory life potential of citizens of older age groups with personality changes, intellectual-mnestic and mental disorders;
introduction into practice of modern and effective methods of social services for citizens of older age groups with personality changes, intellectual-mnestic and mental disorders, who do not have established medical contraindications for the provision of social services;
The socio-psychological department is created for:
development of socio-psychological methods aimed at preserving the satisfactory life potential of citizens of older age groups;
identifying the need of citizens of older age groups served in the Gerontological Center for socio-psychological assistance and developing recommendations for the formation of a microclimate in the team of citizens of older age groups, placing them taking into account psychological compatibility;
organizing a “helpline for older people” service;
carrying out activities to develop social tourism and recreation for citizens of older age groups;
The social and medical department is intended for:
interaction with treatment-and-prophylactic, sanitary-epidemiological and other health care institutions on the organization of the provision of social and medical services to citizens of older age groups;
monitoring the provision of social and medical care and medications to citizens of older age groups who receive social services;
developing a list and procedure for providing additional social and medical services to citizens of older age groups.
Social services in the Gerontological Center are provided to citizens of older age groups who need outside help due to partial or complete loss of the ability to independently satisfy their life needs due to limited ability for self-care and (or) movement and who do not have medical contraindications to service in social service institutions.
Contraindications for admission to the Gerontological Center for citizens of older age groups may include active forms of tuberculosis, chronic alcoholism, quarantine infectious diseases, severe mental disorders, venereal and other diseases requiring treatment in specialized healthcare institutions in accordance with the legislation of the Russian Federation.
Social services can be provided to citizens of older age groups at the Gerontological Center on the basis of:
a personal written statement, and for persons recognized as legally incompetent in the established manner - a written statement from their legal representatives, submitted to the social protection body in charge of the Gerontological Center;
referral for social services issued by the social protection authority in charge of the Gerontological Center;
an agreement on the provision of social services concluded between citizens of older age groups or their legal representatives and the Gerontological Center, in cases established by the legislation of the Russian Federation.
Admission to social services for citizens of older age groups is formalized by order of the Gerontological Center.
Boarding house. In Bashkortostan, inpatient social services for elderly citizens and disabled people are provided by 5 nursing homes for the elderly and disabled, 15 psychoneurological boarding schools and 44 temporary departments within the structure of comprehensive centers for social services for the population of districts and cities. More than 7 thousand elderly and disabled people (7,100 beds) permanently live in these social service institutions.
A boarding house for the elderly and disabled is intended for the residence of appropriate persons over the age of 45, regardless of the ability to care for themselves or the need for constant outside care; boarding house for the disabled - only for disabled people aged 18 to 45 years, regardless of the ability to care for themselves; psychoneurological boarding school (separate for men and women) - for disabled people suffering from mental illness; orphanage boarding school - for children with physical disabilities, blind, deaf-mute, deaf-blind, sick with some persistent mental illnesses, severely mentally retarded children capable of learning using special programs and methods, as well as for severely mentally retarded children requiring only constant care and supervision.
The official website of the Ministry of Labor and Social Protection of the Population provides information about consumers of boarding house services:
Consumers of the state service for social services for elderly citizens and disabled people in inpatient conditions are:
elderly citizens and disabled people who have partially or completely lost the ability to self-care and who, for health reasons, require constant outside care and supervision;
elderly citizens and disabled people suffering from chronic mental illnesses, who have partially or completely lost the ability to self-care and who need constant care and supervision for health reasons;
disabled children with mental development abnormalities, who have partially or completely lost the ability to self-care and who, for health reasons, need care, household and medical services, as well as social and labor adaptation;
disabled children with physical disabilities who have partially or completely lost the ability to self-care and who, for health reasons, need care, household and medical services, as well as social and labor adaptation [ 8 ].
Boarding houses (Boarding Homes) are maintained at the expense of the state, enterprises, collective farms or public organizations. Their activities are coordinated by social security authorities regardless of departmental subordination. The main purpose of D.-i. -- create normal living conditions for lonely disabled people and the elderly. All persons in them are fully provided with food, clothing, shoes, bedding, and adults retain 10% of their pension.
Boarding houses have subsidiary farms, through which they can provide fresh vegetables, fruits, berries, dairy products, honey, etc. Medical care, including regular preventive examinations, in D.-i. is organized taking into account its profile and the population of residents. Monitoring the quality of medical care, compliance with the sanitary and epidemiological regime in these institutions, as well as the provision of specialized medical care is carried out by health authorities. According to indications, occupational therapy is organized, and for young disabled people - general and vocational training; Various cultural events are held. social services elderly gerontological
Admission to a boarding home and a change in usual life activities is a critical moment in the life of an elderly person. Unforeseen situations, new people, unusual surroundings, unclear social status - these life circumstances force a person not only to adapt to the external environment, but also to respond to changes occurring in themselves. Elderly people are faced with the question of assessing themselves and their capabilities in a changed situation.
According to the Decree of the Ministry of Labor and Social Protection of the Population of the Russian Federation dated 08.08.2002 No. 54 “On approval methodological recommendations on organizing the activities of a state (municipal) institution "boarding home for mentally retarded children":
The activities of the Institution are aimed at social services for disabled children, in connection with which the Institution carries out:
providing social services to disabled children in order to create favorable living conditions for them;
implementation of individual rehabilitation programs for disabled people developed by public service institutions medical and social examination;
measures for social and labor rehabilitation of children with disabilities for the purpose of restoring or compensating for lost or impaired abilities for everyday, social and professional activities, and integrating them into society;
organizing care for disabled children, leisure activities, carrying out therapeutic and health-improving and preventive measures;
organization of physical education for disabled children, taking into account age and health status, allowing them to develop their abilities within the limits of maximum capabilities;
social, psychological or other assistance to parents (legal representatives) of disabled children to eliminate a difficult life situation;
protection of the rights and legitimate interests of disabled children in the manner prescribed by the legislation of the Russian Federation;
organization of education for disabled children, taking into account their physical capabilities and mental abilities in accordance with the legislation of the Russian Federation.
When providing social services to disabled children, it is recommended to use small-scale mechanization and self-service tools that will allow:
improve the quality of service, maintenance and care for disabled children;
use progressive forms and methods of work on social services for disabled children;
to facilitate the work of staff in caring for seriously ill children and to instill self-care skills in disabled children;
use new rehabilitation technologies that increase the effectiveness of the rehabilitation process for disabled children.
The following structural units may be created in the Institution: admissions department, medical and social rehabilitation department, psychological and pedagogical assistance department, social and labor rehabilitation department, social counseling department, mercy department, day care group and other departments that meet the goals and objectives of the Institution .
The reception department of the Institution is intended for:
carrying out the initial and, if necessary, subsequent admission of disabled children to the Institution, identifying their needs for social services, referring them to the relevant functional divisions of the Institution;
creating a data bank about disabled children who applied to the Institution for help, exchanging the necessary information with interested government and public organizations and institutions;
carrying out analysis and forecasting of social processes in the territory served by the Institution.
The medical and social rehabilitation department of the Institution is intended for:
development and use of traditional and new effective techniques and technologies in carrying out rehabilitation activities;
referral of disabled children, if necessary and in agreement with health authorities, to medical institutions to receive specialized medical care;
ensuring the interaction of department specialists with parents (legal representatives) of disabled children to achieve continuity of rehabilitation measures and social adaptation of disabled children in the family, training them in the basics of medical-psychological and medical-social knowledge, skills and abilities for carrying out rehabilitation activities at home ;
carrying out therapeutic and physical education activities with disabled children.
The Department of Psychological and Pedagogical Assistance of the Institution is intended for:
providing practical assistance in organizing the education of disabled children, developing educational programs based on the characteristics of the psychophysical development and individual capabilities of disabled children;
conducting psychological and correctional work with disabled children;
preparing and conducting activities to organize leisure time for disabled children together with their parents (legal representatives), conducting medical and social patronage for families with disabled children;
teaching disabled children self-care skills, behavior in everyday life and public places, self-control, as well as communication skills and other methods of everyday adaptation;
organizing play therapy for disabled children;
conducting a detailed diagnosis of the mental development of disabled children in order to determine the forms and methods of psychocorrectional work.
The Department of Social and Labor Rehabilitation of the Institution is intended for:
carrying out activities to provide psychological and career guidance services to disabled children;
carrying out activities that promote the development and acquisition of professional skills and abilities by disabled children;
organization of occupational therapy and pre-vocational labor training for disabled children on the basis of training and production workshops of the Institution based on local conditions;
resolving issues of future employment of disabled children in specialized enterprises for disabled people in the prescribed manner.
The Social Advisory Assistance Department of the Institution is intended for:
consulting parents (legal representatives) on psychological and pedagogical issues of family education and personality development of disabled children with developmental limitations;
providing social and advisory assistance to families raising disabled children on issues of social and legal protection and ensuring their livelihoods.
The charity department of the Institution is intended for:
organizing rehabilitation groups that unite disabled children, taking into account their age and severity of the disease;
implementation of activities of rehabilitation groups based on individual rehabilitation programs for disabled children.
The day care group of the Institution is intended for:
implementation of individual programs for medical-social, psychological-social, socio-pedagogical rehabilitation of disabled children;
ensuring a temporary detention regime for disabled children, taking into account family circumstances and the interests of disabled children.
The institution accepts disabled children from 4 to 18 years old with disabilities mental development who, for health reasons, need outside care, consumer services, medical care, social and labor rehabilitation, training and education, and who are in another difficult life situation.
Disabled children who, according to the conclusion of medical institutions, suffer from mental, oncological, skin-venereological and other forms of infectious diseases requiring treatment in specialized inpatient medical institutions are not admitted to the Institution.
Disabled children are admitted to the Institution for permanent, temporary (for up to 6 months), five-day a week accommodation and day stay. Social rehabilitation work with parents (legal representatives) is carried out during the entire period of residence or stay of disabled children in the Institution.
The basis for placement in the Institution is a voucher issued by the social protection body of the population of a constituent entity of the Russian Federation or a local government body. A permit for the placement of a disabled child may be issued on the basis of an application from his parents (legal representatives).
A personal file is opened for each resident of the Institution, which contains: a voucher; medical history, to which a medical card is attached; a certificate from the institution of the state medical and social examination service; an individual rehabilitation program, an outpatient card received from a medical institution, all medical and other documents from the time the disabled child was in the Institution
Thus, studying inpatient social service institutions, we can conclude that inpatient social service institutions are psychoneurological boarding schools, gerontological centers, boarding homes, orphanages for disabled children.
Services of stationary social institutions
According to the “Federal List of State-Guaranteed Social Services Provided to Elderly Citizens and Disabled Persons by State and Municipal Social Service Institutions”
Services provided to elderly citizens and disabled people living in inpatient social service institutions:
1. Material and household services:
provision of living space, premises for organizing rehabilitation activities, medical and labor activities, cultural and social services in a stationary social service institution;
provision of furniture for use in accordance with approved standards;
assistance in organizing the provision of services by trade and communication enterprises;
compensation for travel expenses for training, treatment, consultations.
2. Services for organizing catering, everyday life, and leisure:
preparing and serving food, including dietary nutrition;
provision of soft equipment (clothes, shoes, underwear and bedding) in accordance with approved standards;
providing assistance in writing letters;
provision upon discharge from the institution with clothing, shoes and cash benefits according to approved standards;
ensuring the safety of personal belongings and valuables;
creating conditions for the performance of religious rites.
(as amended by Decree of the Government of the Russian Federation dated April 17, 2002 N 244)
3. Social, medical and sanitary services:
free provision of medical care in the scope of the basic program of compulsory health insurance for citizens of the Russian Federation, targeted programs and territorial programs of compulsory health insurance in state and municipal medical institutions;
providing health-sensitive care;
assistance in conducting medical and social examination; carrying out rehabilitation measures (medical, social), including for people with disabilities, based on individual rehabilitation programs;
provision of primary health care and dental care;
organization of medical examination;
hospitalization of those in need in medical institutions, assistance in referral, based on doctors’ conclusions, for sanatorium-resort treatment (including on preferential terms);
providing psychological support, conducting psychocorrectional work;
assistance in obtaining free dentures (with the exception of dentures made from precious metals and other expensive materials) and prosthetic and orthopedic care;
security technical means care and rehabilitation;
ensuring sanitary and hygienic requirements in residential premises and common areas.
4. Organization of education for disabled people, taking into account their physical capabilities and mental abilities:
creating conditions for preschool education children and education under special programs; creating conditions for receiving school education under special programs.
5. Services related to social and labor rehabilitation:
creating conditions for the use of residual labor opportunities, participation in medical and labor activities;
carrying out activities to teach accessible professional skills, restore personal and social status.
6. Legal services:
assistance in paperwork; providing assistance with questions pension provision and provision of other social benefits;
assistance in obtaining benefits and advantages established by current legislation;
assistance in obtaining advisory assistance;
ensuring representation in court to protect rights and interests;
assistance in obtaining free help a lawyer in the manner prescribed by current legislation;
assistance in preserving residential premises previously occupied under a rental or lease agreement in state, municipal and public housing funds for six months from the date of admission to a stationary social service institution, as well as in emergency provision of residential premises in case of refusal of the services of a stationary social service institution upon expiration of the specified period, if the previously occupied premises cannot be returned.
7. Assistance in organizing funeral services.
Having examined the services of social inpatient institutions, we came to the conclusion that these are material and household services for organizing meals, everyday life, and leisure; socio-medical and sanitary-hygienic services; organization of education for disabled people, taking into account their physical capabilities and mental abilities; legal services; assistance in organizing funeral services provided by inpatient social service institutions.
Conclusion
Having considered the first section of the study “System of inpatient social services for the elderly and disabled,” the following conclusions can be drawn:
Inpatient social services are the provision of social services: assistance in housekeeping, temporary placement in a social protection institution, etc. In a broad sense, social services include other types of social security in addition to cash payments, including: child protection, maternity protection, disabled people, medicine, education, etc.
Elderly and disabled people living in inpatient institutions have their own rights, for example: living conditions in accordance with sanitary and hygienic requirements; nursing, primary health care and dental care; free specialized medical and prosthetic and orthopedic care; voluntary participation in the medical and labor process, taking into account medical recommendations; free visits by a notary, lawyer, relatives and other persons; preservation of residential premises occupied under a rental or lease agreement in state, municipal and public housing stock for 6 months from the date of admission to the hospital, etc.
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Elderly and disabled people, left without the help of relatives, often cannot cope with ordinary household chores due to their age and poor health. Therefore, they are provided with social and medical services at home - by state budgetary institutions, municipalities, organizations and entrepreneurs. From this article you will learn what social services for the elderly and disabled at home are, who can count on such help, and how to receive the service.
Social services for the elderly and disabled at home: types of social services
Citizens who meet the legal requirements for recipients of social services at home can count on the following types of assistance:
- accompaniment to places of recreation, sanatoriums, medical institutions, state and municipal institutions;
- assistance in paying utility bills;
- assistance in organizing everyday life, arranging housing, carrying out cosmetic repairs, washing things, cleaning the house;
- water delivery, heating of the stove (if the beneficiary lives in a private house without central water supply and heating);
- cooking, organizing everyday life and leisure, going to the grocery store and pharmacy.
If a person cannot take care of himself, Social worker needs help. The following services can also be provided depending on the citizen’s health status:
- joint visits to clinics;
- psychological support, assistance in sanatorium-resort treatment, hospitalization and in-patient care;
- assistance in conducting social and medical rehabilitation, in passing the ITU;
- assistance in obtaining medical services;
- implementation of medical procedures and manipulations, hygiene procedures;
- assistance in paperwork;
- legal and legal services;
- assistance in obtaining secondary and higher education (for people with disabilities).
Who has the right to social services for the elderly and disabled at home
The following categories of persons have the right to invite a social worker to your home:
- Citizens of retirement age (women over 55 years old and men over 60 years old).
- People with disabilities (disabled people of all three groups).
- People who are temporarily disabled and do not have assistants.
- Citizens who find themselves in a difficult situation due to alcohol or drug addiction of a family member.
- Some other categories of persons, for example, orphans without a place of residence.
Social services at home can be provided free of charge, on a partial payment basis or for payment in full.
| Payment for social services | Recipient categories |
| For free | Disabled people of the Great Patriotic War, war veterans, spouses and widows of combatants, former prisoners of concentration camps, former residents besieged Leningrad, Heroes of the USSR and the Russian Federation, Heroes of socialist labor. Disabled people and pensioners who do not belong to special categories of citizens ( federal beneficiaries), but having an income below 1.5 times the regional subsistence minimum. |
| Partial payment | Citizens who are not disabled or pensioners, but need the help of a social worker and have an income below 1.5 times the regional minimum wage (the size of the discount depends on social status). |
| Full price | In all other cases. |
How to register for social services for the elderly and disabled at home, in what cases the service may be refused
Important! To apply for social services at home, you must contact the regional office of social protection authorities.
Before an application for assistance is approved, social service employees must check the documents in order to assess the degree of need of the citizen to receive help from a social worker (since there are a lot of people who want it, but there are usually not enough resources), and check the living conditions of the person applying. The law provides following cases when an applicant may be denied social services:
- If there are contraindications to social assistance. This refers to the presence of factors that could jeopardize the life and health of a social worker:
- presence of severe mental disorders,
- drug addiction,
- alcohol addiction,
- taking psychotropic drugs,
- presence of quarantine diseases,
- the presence of severe infectious pathologies;
- Availability open form tuberculosis;
- the presence of any diseases requiring specialized treatment.
- The applicant's application to the State Police in a drunken or inappropriate state.
- High employment of the organization, lack of free social workers.
- The applicant is a person of no fixed abode.
When applying to social security authorities, you will need the following documents:
- conclusion of a medical and social examination on assignment of a disabled group;
- a certificate from a medical institution confirming the absence of diseases for which it is impossible to receive social assistance;
- pensioner's ID;
- certificate of family composition;
- certificate of income.
Expert opinion on the issue of social services for the elderly and disabled at home
Participants took part in last year’s seminar-meeting on issues of social services for elderly and disabled citizens, which was held at the Ministry of Social Development and Labor of the Kamchatka Territory Minister of Social Development and Labor I. Koirovich, Deputy Minister E. Merkulov, Head of the Social Services Department N. Burmistrova, heads of social protection bodies and heads of social services organizations for disabled and elderly citizens.
The economic, organizational, and legal foundations of social services, the rights and obligations of recipients and service providers, and the powers of government authorities established by Federal Law No. 442-FZ dated December 28, 2013 were discussed. The main attention was paid to the following issues:
- Citizens with an income below 1.5 monthly wages in the region have the right to receive free social assistance at home (previously, the pension had to be below 1 monthly wage);
- a detailed approach to the approval of a set of social services taking into account the needs of the citizen was introduced;
- citizens received the right to independently choose their social service provider;
- Now not only pensioners and disabled people can apply for social services at home, but also citizens who are temporarily disabled, faced with intra-family conflicts (related to drug addiction, alcoholism in relatives), who need help caring for a disabled child and have no place residence (if you are an orphan).
ANO SPO "OMSK COLLEGE OF ENTREPRENEURSHIP AND LAW"
Cyclic commission of management and legal disciplines
COURSE WORK
in the discipline "Social Security Law"
Topic: “Social services for disabled and elderly citizens”
Completed:
student of group YUS3-29
Donov Dmitry Igorevich
Supervisor:
Smirnova Irina Vladimirovna
Defense date_______________ Rating______________
Introduction
Chapter 1. Social services for the disabled and elderly
1.1 Basic provisions of social services for the disabled and elderly
1.2 Rights of disabled people and elderly people in the field of social services
1.3 Types of social services for people with disabilities and the elderly
1.3.1 Social services at home
1.3.2 Semi-stationary social services
1.3.3. Inpatient social services
1.3.4 Urgent social services
1.3.5 Social advisory assistance
Chapter 2. Judicial practice
Conclusion
List of sources used
Applications
INTRODUCTION
The relevance of my course work is due, first of all, to the fact that in the modern world the proportion of elderly and disabled people in the population is gradually growing; similar trends are characteristic of our country. Their income is well below average and their health and social care needs are much higher.
Disability and old age are not only a problem for the individual, but also for the state and society as a whole. This category of citizens urgently needs not only social protection, but also an understanding of their problems on the part of the people around them, which will be expressed not in elementary pity, but in human sympathy and equal treatment of them as fellow citizens.
The development of social services for the elderly and disabled in our country is given increasing importance every year; it is considered as an extremely necessary addition to cash payments, which significantly increases the efficiency of the entire state social security system.
The state, providing social protection for disabled people and elderly citizens, is called upon to create for them the necessary conditions for individual development, the realization of creative and productive opportunities and abilities by taking into account their needs. Today, this circle of people belongs to the most socially vulnerable categories of the population.
The possibility of meeting the needs of an elderly person and a disabled person becomes real when he is endowed with the legal right to demand from the relevant competent authority the provision of a particular benefit, and this body is legally obliged to provide such a benefit.
The purpose of the study is to consider the forms and methods of organizing social services for the disabled and elderly, to achieve which the following tasks are set:
1. clarify the concept of social services for people with disabilities and the elderly;
2. consider disabled people and elderly citizens as subjects of social services;
3. reveal the rights of disabled people and elderly people in the field of social services;
4. determine the essence, forms and methods of social services for the disabled and elderly;
5. identify the main problems of social services for people with disabilities and the elderly;
The object of the study is legal norms aimed at social services for disabled people and the elderly.
The subject of the research is social services for the disabled and the elderly.
The research method is the study and research of special scientific literature, regulations, and judicial practice.
CHAPTER 1. SOCIAL SERVICES FOR DISABLED AND ELDERLY PERSONS
1.1 Basic provisions of social services for the disabled and elderly
An integral element of the state social security system in the Russian Federation is social services for the elderly and disabled, which includes different kinds social services aimed at meeting the special needs of this category of people. Currently, the state is making great efforts to create a comprehensive system of social services for the population and allocate financial resources for its development.
Social services are the activities of social services to social support, providing social, social, medical, psychological, pedagogical, social and legal services and material assistance, carrying out social adaptation and rehabilitation of citizens in difficult life situations.
For the first time in domestic legislation, the concept of such a socially significant circumstance as a difficult life situation has been formulated.
1) Targeting. Providing personalized information to a specific person. Work to identify and create a data bank of such persons is carried out by local social protection authorities at the place of residence of the disabled and elderly.
2) Availability. The opportunity is provided for free and partially paid social services that are included in the federal and territorial lists of state-guaranteed social services. Their quality, volume, order and conditions of provision must comply state standards established by the Government of the Russian Federation. Reducing their volume at the territorial level is not allowed.
3) Voluntariness. Social services are provided on the basis of a voluntary application from a citizen, his guardian, trustee, other legal representative, government body, local government body or public association. At any time, a citizen can refuse to receive social services.
4) Humanity. Citizens living in inpatient institutions have the right to freedom from punishment. The use of drugs, physical restraints, or isolation for the purpose of punishment or to create convenience for personnel is not permitted. Persons who commit these violations bear disciplinary, administrative or criminal liability.
5) Confidentiality. Personal information that becomes known to employees of a social service institution during the provision of social services constitutes a professional secret. Employees guilty of disclosing it bear liability established by law.
6) Preventive focus. One of the main goals of social services is the prevention of negative consequences that arise in connection with a citizen’s life situation (impoverishment, exacerbation of diseases, homelessness, loneliness, and so on)
Lists of social services are determined taking into account the subjects for whom they are intended. The federal list of state-guaranteed social services for elderly citizens and people with disabilities, provided by state and municipal social service institutions, was approved by Decree of the Government of the Russian Federation of November 25, 1995 No. 1151. On its basis, territorial lists are developed. Financing of services included in the lists is carried out from the corresponding budgets.
Control over the provision of social services is carried out by social protection authorities, health authorities, and educational authorities within the limits of their competence.
Public control is exercised by public associations that, in accordance with the constituent documents, deal with issues of protecting the interests of elderly citizens, disabled people, and people with mental disorders. One of such associations is the Independent Psychiatric Association of Russia
Supervision of compliance with the law in this area is carried out by the prosecutor's office, whose assistance should be the most prompt.
Actions or inactions of government bodies, institutions, organizations and officials that resulted in violations of citizens' rights can be appealed to the court.
1.2 Rights of disabled people and elderly people in the field of social services
When receiving social services, elderly and disabled citizens have the right to:
Respectful and humane attitude on the part of employees of social service institutions;
Selecting an institution and form of social services in the manner established by the social protection authorities of the constituent entities of the Russian Federation;
Information about your rights, obligations, conditions for the provision of social services, types and forms of social services, indications for receiving social services, conditions for their payment;
Voluntary consent to social services (in relation to incompetent citizens, consent is given by their guardians, and in their temporary absence - by the guardianship and trusteeship authorities);
Refusal of social services;
Confidentiality of personal information that becomes known to an employee of a social service institution during the provision of social services (such information constitutes a professional secret of these employees);
Protection of your rights and legitimate interests, including in court.
The list of state-guaranteed social services is approved by the executive authorities of the constituent entities of the Russian Federation, taking into account the needs of the population living on the territory of the corresponding constituent entity of the Russian Federation.
Information about social services is provided by social workers directly to elderly citizens and disabled people, and in relation to persons under 14 years of age and persons declared incompetent - to their legal representatives. Citizens sent to stationary or semi-stationary social service institutions, as well as their legal representatives, must be previously familiarized with the conditions of residence or stay in these institutions and the types of services provided by them.
In case of refusal of social services, citizens, as well as their legal representatives, are explained the possible consequences of their decision. Refusal of social services, which may lead to a deterioration in the health of citizens or a threat to their lives, is formalized by a written statement from citizens or their legal representatives confirming receipt of information about the consequences of such refusal.
1.3 Types of social services for people with disabilities and the elderly
1.3.1 Social services at home
Social services at home are one of the main forms of social services, aimed at maximizing the possible extension of the stay of elderly citizens and people with disabilities in their usual social environment in order to maintain their social status, as well as to protect their rights and legitimate interests.
Contraindications to acceptance for service are: mental illness in the acute stage, chronic alcoholism, venereal, quarantine infectious diseases, bacterial carriage, active forms of tuberculosis, as well as other serious diseases requiring treatment in specialized healthcare institutions.
Based on documents submitted by citizens or their legal representatives (application, medical report, income certificate), as well as a material and living examination report, the Commission for Assessing the Need for Social Services makes a decision on acceptance for service.
Home care is provided through the provision of paid social services included in the federal and territorial lists of state-guaranteed social services provided by government agencies, as well as additional social services not included in these lists. These services are performed by a social worker who visits the person being served.
An agreement for the provision of social services at home is concluded with the person being served or his legal representative, which specifies the types and volume of services provided, the time frame within which they must be provided, the procedure and amount of payment, as well as other conditions determined by the parties.
In accordance with the federal list of services, these institutions provide the following types of services:
1) services for organizing catering, everyday life and leisure (purchase and home delivery of food, hot lunches), assistance in preparing food; purchase and home delivery of essential industrial goods, water delivery; heating stoves, handing over things for washing and dry cleaning; assistance in organizing repairs and cleaning of residential premises; assistance in paying for housing and utilities; assistance in organizing leisure time, etc.;
2) socio-medical and sanitary-hygienic services (providing care taking into account the state of health, assistance in providing medical care, conducting medical and social examinations, rehabilitation measures, assistance in providing medications); assistance in obtaining prosthetic care;
3) assistance in obtaining education for people with disabilities;
4) assistance in employment;
5) legal services;
6) assistance in organizing funeral services.
Citizens may be provided with other (additional) services, but on the basis of full or partial payment for all categories of citizens in need of social services. Among these additional services services provided to citizens at home include:
1) monitoring of health status;
2) provision of emergency first aid;
3) performing medical procedures;
4) provision of sanitary and hygienic services;
5) feeding weakened patients;
6) carrying out sanitary educational work.
1.3.2 Semi-stationary social services
Semi-stationary social services include: social, medical and cultural services for the disabled and elderly, organizing their meals, recreation, ensuring their participation in feasible work activities and maintaining an active lifestyle.
Recipients of public services can be persons who have retained the ability for self-care and active movement, and who simultaneously meet the following conditions:
1) having citizenship of the Russian Federation, and for foreign citizens and stateless persons - having a residence permit;
2) presence of registration at the place of residence, and in the absence of the latter - registration at the place of stay;
3) presence of disability or reaching old age (women - 55 years, men - 60 years);
4) the absence of diseases that are medical contraindications to semi-stationary social services in day care units.
The decision to enroll in semi-stationary social services is made by the head of a social service institution on the basis of a personal written application from an elderly or disabled citizen and a certificate from a health care institution about his state of health.
Semi-stationary social services are provided by day (night) departments created in municipal social service centers or under social protection authorities.
For persons without a fixed place of residence and occupation, the system of social protection authorities creates special institutions of a semi-permanent type - night houses, social shelters, social hotels, social centers. These institutions provide:
Coupons for one-time (once a day) free food;
First aid;
Personal hygiene items, sanitary treatment;
Referral for treatment;
Assistance in providing prosthetics;
Registration in a boarding house;
Assistance in registration and recalculation of pensions;
Assistance in employment, in the preparation of identity documents;
Assistance in obtaining a medical insurance policy;
Providing comprehensive assistance (advice on legal issues, household services, etc.)
Contraindications for admission to full-time care:
Elderly citizens and disabled people who are bacteria or virus carriers, or if they have chronic alcoholism, quarantine infectious diseases, active forms of tuberculosis, severe mental disorders, sexually transmitted and other diseases requiring treatment in specialized healthcare institutions, social services may be denied.
1.3.3 Inpatient social services
Inpatient social services for disabled and elderly people held in social protection institutions have the following features:
Inpatient social services are provided in boarding homes for the elderly and disabled, boarding homes for the disabled, and psychoneurological boarding schools.
Citizens of retirement age (women over 55 years old, men over 60 years old), as well as disabled people of groups I and II over 18 years old, are accepted into boarding homes, provided that they do not have able-bodied children or parents obligated to support them;
Only disabled people of groups I and II aged 18 to 40 who do not have able-bodied children and parents obligated by law to support them are accepted into boarding homes for the disabled;
The children's boarding home accepts children from 4 to 18 years old with mental or physical development abnormalities. At the same time, it is not allowed to place disabled children with physical disabilities in inpatient institutions intended for the residence of children with mental disorders;
The psychoneurological boarding house accepts persons suffering from chronic mental illnesses who need care, household services and medical assistance, regardless of whether they have relatives who are legally obligated to support them or not;
Persons who systematically violate internal regulations, as well as persons from among especially dangerous criminals, as well as those involved in vagrancy and begging, are sent to special boarding houses;
Inpatient facilities provide not only care and necessary health care, but also rehabilitation measures of a medical, social, domestic and medical-labor nature;
An application for admission to a boarding home, along with a medical card, is submitted to a higher-level social security organization, which issues a voucher to the boarding home. If a person is incapacitated, then his placement in a stationary institution is carried out on the basis of a written application from his legal representative;
If necessary, with the permission of the director of the boarding home, a pensioner or disabled person may temporarily leave the social service institution for a period of up to 1 month. A permit for temporary departure is issued taking into account a doctor’s opinion, as well as a written commitment from relatives or other persons to provide care for an elderly or disabled person.
1.3.4 Urgent social services
Urgent social services are provided in order to provide emergency care of a one-time nature for disabled people in dire need of social support.
The following can apply for help: unemployed singles and low-income pensioners and disabled people living alone; families consisting of pensioners, in the absence of able-bodied family members, if the average per capita income for the billing period is below the pensioner’s subsistence level, which changes quarterly; citizens who have lost close relatives and do not have a former place of work to prepare documents for receiving funeral benefits.
The person applying for help must have the following documents: passport, pension certificate, work book, certificate of disability (for citizens with disabilities), certificate of family composition, certificate of pension amount for the last three months.
Urgent social services include the following social services from those provided for in the federal list of state-guaranteed social services:
1) one-time provision of free hot meals or food packages to those in dire need;
2) provision of clothing, shoes and other essential items;
3) one-time provision of financial assistance;
4) assistance in obtaining temporary living quarters;
5) organization legal assistance in order to protect the rights of persons served;
6) organizing emergency medical and psychological assistance with the involvement of psychologists and clergy for this work and the allocation of additional telephone numbers for these purposes;
7) other urgent social services.
Urgent social services are provided by municipal social service centers or departments created for these purposes under the social protection authorities.
1.3.5 Social advisory assistance
Social advisory assistance to people with disabilities is aimed at their adaptation in society, easing social tension, creating favorable relationships in the family, as well as ensuring interaction between the individual, family, society and the state.
Social advisory assistance to people with disabilities is focused on their psychological support, increased efforts in solving their own problems and provides for:
Identification of persons in need of social advisory assistance;
Prevention various kinds socio-psychological deviations;
Working with families in which disabled people live, organizing their leisure time;
Advisory assistance in training, vocational guidance and employment of people with disabilities;
Ensuring coordination of activities government agencies and public associations to solve problems of people with disabilities;
Legal assistance within the competence of social service authorities;
Other measures to form healthy relationships and create a favorable social environment for people with disabilities.
The organization and coordination of social advisory assistance is carried out by municipal social service centers, as well as social protection authorities, which create appropriate units for these purposes.
CHAPTER 2. JUDICIAL PRACTICE
The relevance of disputes in the field of social services does not decrease; the problem of protecting the rights of disabled people and elderly citizens still remains acute because In our modern society, the issue of law enforcement is quite acute, since today the rights and legitimate interests of disabled people and elderly citizens are very often violated.
And there is also another problem that modern Russian legislation in the field of social services and the elderly is extremely mobile and needs significant changes and additions.
Let's consider judicial practice to protect the violated rights of a disabled child.
Romanova L.V., being the legal representative of her daughter - Romanova L.S., born in 1987, appealed on October 19, 2000 to the Leninsky District Court of Vladimir with a complaint against the actions of the department of social protection of the population of the Vladimir region, which refused to pay her disabled child Romanova L.S. compensation for transportation costs provided for in clause 8 of Article 30 of the Federal Law “On Social Protection of Disabled Persons in the Russian Federation”. Since Romanova was asked to collect the said compensation in her favor, with her consent, her claims were considered in the lawsuit proceedings and the Main Financial Directorate of the Administration of the Vladimir Region and the Ministry of Finance of the Russian Federation were brought into the case as co-defendants.
Romanova did not appear at the court hearing and asked to consider the case in her absence with the participation of her representative. Earlier in the court hearing, she explained that her daughter is seriously ill, is disabled and has suffered from musculoskeletal disorders since childhood and cannot move without assistance. Due to the need for treatment, she has to take her child by taxi to hospitals because... She does not have her own transport. Article 30 of the Federal Law “On Social Protection of Disabled Persons in the Russian Federation” came into force on January 1, 1997, and from that moment on, her daughters were required to receive compensation for transportation expenses as a disabled person who had medical indications for the provision of special vehicles, but did not receive it. Her repeated appeals to the Department of Social Protection of the Population were answered with a refusal to pay compensation, which Romanova considers illegal. The amount of compensation is considered to be equal to 1997. – 998 rub. 40 kopecks, and 1998 –1179 rub. for 1999 - 835 rubles, for three quarters of 2000. - 629 rub. 40 kopecks since such amounts were paid to disabled people of the Great Patriotic War, and in relation to disabled children, the amount of compensation has not yet been determined. In total, for the period from January 1, 1997 to October 19, 2000, he asks to recover 3,641 rubles.
Romanova's representative is A.S. Feofilaktov supported the claim at the court hearing and explained that her daughter, in accordance with the List of categories of disabled people for whom modifications of means of transport communications and information technology are necessary, approved by Decree of the Government of the Russian Federation of November 19, 1993 No. 1188, needs an individual vehicle because she suffers corresponding disease. Based on clause 5 of Article 30 of the Federal Law “On Social Protection of Disabled Persons in the Russian Federation”, she should be provided with special vehicles, but since she was not provided with it, then in accordance with clause 8 of the same article she should be paid compensation. The amount and procedure for payment, which the Government has not established, although the article came into force on January 1, 1997. Counts necessary application direct effect of the law, as well as in accordance with Art. Art. 1, 10 of the Civil Procedure Code of the RSFSR, by analogy with the Decree of the Government of the Russian Federation dated November 14, 1999 No. 1254, the Order of the Head of the Administration of the Vladimir Region dated September 28, 1995 No. 1120-r, which established similar compensation for disabled people of the Second World War.
Representative of the defendant Department of Social Protection of the Population - N.V. Golubeva did not recognize the claim, explaining that Romanova’s child does not have the right to this compensation because is a “disabled child”, and clause 8 of Art. 30 of the Federal Law “On Social Protection of Disabled Persons in the Russian Federation” speaks of “disabled people”. She explained to the court that, according to Government Decree No. 544 of August 3, 1992, Romanova’s child is not provided with special vehicles due to the fact that she has contraindications to driving them for health reasons. In addition, Romanova’s child, according to the conclusion of a medical and social examination, does not need a special vehicle, but a motorized stroller, which is not one. He also believes that the controversial compensation should not be paid to disabled children due to the fact that the Government has not developed a procedure for providing this benefit. Believes that the Department of Social Protection of the Population is not an appropriate defendant in the case because does not make payments to disabled people. At the request of the court, a calculation of compensation for transport expenses was presented based on the amount established for disabled people of the Great Patriotic War.
Representative of the Main Financial Directorate V.E. Shchelkov did not recognize the claim, supporting the arguments of the representative of the Department of Social Protection of the Population, and also explained that the Main Financial Directorate did not provide funds to pay compensation to disabled people. Previously, compensation for transportation costs to disabled people during the Great Patriotic War was paid at the expense of the regional budget; now these powers have been transferred to the federal budget; the obligation of the Main Financial Directorate to pay this compensation is not provided for by legal acts. Considers the Main Financial Administration to be an improper defendant in the case.
Representative of the Ministry of Finance of the Russian Federation - Head of the Department of Legal Support of the Federal Treasury Department for the Vladimir Region O.I. Matvienko did not recognize the claim by proxy. She explained that the budget does not provide funds for the payment of compensation that Romanova is claiming, since the Government of the Russian Federation has not developed the procedure and conditions for her appointment. He also asks the court to apply Article 129 of the Federal Law “On the Federal Budget for 2000”, as well as Article 239 of the Budget Code of the Russian Federation, according to which laws that are not funded are not subject to execution. In addition, he supports the arguments of representatives of the Department of Social Protection of the Population and the Main Financial Directorate, and considers the Ministry of Finance of the Russian Federation to be an improper defendant, since it was not authorized to pay the specified compensation to disabled children.
Having heard the explanations of the parties and studied the case materials, the court finds the claim subject to satisfaction in part for the following reasons.
Romanova’s child is disabled from childhood and suffers from musculoskeletal disorders, which is confirmed by the conclusion of a medical and social examination dated July 1, 1997. By virtue of clause 5 of Article 30 of the Federal Law “On Social Protection of Disabled Persons in the Russian Federation,” her child must be provided with special vehicles, but at the time of consideration of the dispute, L.S. Romanova’s vehicle was not provided and, upon application, she was put on the waiting list of the Department of Social Protection population as in need of special vehicles, in connection with which she, as a disabled person, should be paid compensation for transportation costs. According to the documents presented to the court, Romanova’s daughter repeatedly underwent treatment in various medical institutions in the region and beyond, and therefore she incurred additional expenses for taxi travel; a cost estimate was presented, although evidence of payment was not provided by her, since she used private taxis . The argument of the representative of the Department of Social Protection of the Population that Romanova does not fall under clause 8 of Article 30 of the Federal Law “On Social Protection of Disabled Persons in the Russian Federation” since she is a disabled child and not a disabled person is not accepted by the court because, according to Art. 1 of the same law, a disabled person is recognized as a person suffering from a severe form of illness as a result of which he needs social protection, without indicating his age, and disabled children are a separate category of disabled people.
The argument that Romanova’s daughter needs not a vehicle, but a motorized stroller, is also untenable. she is entitled to special vehicles according to clause 5 of Article 30 of the Federal Law “On Social Protection of Disabled Persons in the Russian Federation”, and a motorized wheelchair is assigned on the basis of a letter from the Ministry of Social Protection dated 05.29.87 No. 1-61-11, which since the entry into force of the Federal Law “On social protection of disabled people in the Russian Federation" can only be applied to the extent that does not contradict this law. For the same reason, the court considers the defendant’s argument that Romanova was not entitled to motor transport in accordance with the Government Decree of August 3, 1992 to be unfounded. No. 544 because according to the specified norm of the law, disabled children are provided with vehicles with the right to drive by their parents.
The defendants’ argument that the claim should be rejected due to the lack of an established procedure for providing disabled people with compensation for travel expenses (which is provided for in paragraph 9 of Article 30 of the Federal Law “On Social Protection of Disabled Persons in the Russian Federation”) is untenable, since the law has a direct valid and entered into force on January 1, 1997, with the exception of articles the terms of introduction of which are specifically specified (Article 35 of the Federal Law “On Social Protection of Disabled Persons in the Russian Federation”). In addition, Article 36 of the Federal Law “On Social Protection of Disabled Persons in the Russian Federation” requires the Government to bring its legal acts into compliance with this law. However, the court found that there is currently no government act on the procedure and amount of the above compensation. Based on the fact that, in accordance with Article 18 of the Constitution of the Russian Federation, human rights are directly applicable, the court believes that Romanova’s demands should be satisfied with the involvement in accordance with Article 10 (paragraph 4) of the Civil Procedure Code of the RSFSR by analogy of legal acts on the payment of similar compensation for other categories of disabled people, namely the Decree of the Government of the Russian Federation of November 14, 1999. No. 1254, as well as the Order of the Head of the Administration of the Vladimir Region dated September 28, 1995. No. 1120-R. The analogy is applied as follows: 1. Romanova’s compensation is assigned from the moment she applies to the social security authorities to be provided with special vehicles or appropriate compensation, i.e., from 1.07.97; 2. The amount of compensation is determined based on the amount of the same compensation for disabled people during the Great Patriotic War, that is, in 1997. based on 14 minimum pensions per year (indicated order) in the third quarter - 69 rubles. 58 kopecks * 3.5 = 243 rubles. 53kop. in the fourth quarter - 76 rubles. 53 kopecks * 3.5 = 267 rubles. 86kop.; in 1998, from the same calculation, 84 rubles. 19 kopecks * 14 = 1179 rubles; in 1999 according to the specified resolution 835 rubles; for three quarters of 2000 at the rate of 835 rubles. per year – 626 rubles. 25kop. total amount is 3,151 rubles 64 kopecks. The calculation data is confirmed by the calculation presented by the Department of Social Protection of the Population.
The argument of the representative of the Ministry of Finance of the Russian Federation that the claim should be rejected on the basis of the Budget Code of the Russian Federation and the Federal Law “On the Federal Budget for 2000” is not accepted by the court because in this interpretation, these documents limit the rights of citizens to receive social benefits and contradict Art. Art. 2, 18, 55 of the Constitution of the Russian Federation.
Since in accordance with Art. 48 of the Civil Procedure Code of the RSFSR, the rights and legally protected interests of minors are protected by their parents, the court considers compensation to be recovered in favor of Lyubov Veniaminovna Romanova, since she is the legal representative of her daughter Lydia Sergeevna Romanova.
Based on the above, guided by Art. Art. 191 – 197 of the Civil Procedure Code of the RSFSR, the court decided:
1. partially satisfy the claims of Lyubov Veniaminovna Romanova;
2. to recover from the Ministry of Finance of the Russian Federation at the expense of the treasury of the Russian Federation in favor of Romanova Lyubov Veniaminovna as compensation for the travel expenses of her disabled minor daughter for the period from 07/1/1997 to 10/19/2000 3,151 rubles 64 kopecks.
3. refuse to satisfy the claim against the Department of Social Protection of the Population of the Vladimir Region and the Main Financial Directorate of the Administration of the Vladimir Region.
4. Expenses for state duty shall be charged to the state account.
An analysis of practice shows that, in general, disputes in this category are resolved correctly. The decisions made generally meet the requirements of Art. 196-198 of the Civil Procedure Code of the Russian Federation, the courts correctly apply the norms of substantive law, but it should also be noted that some mistakes are made from year to year, which indicates that judges do not carefully follow the established judicial practice. The subject of proof is not always correctly determined, and the circumstances relevant to the case are not fully established. Mistakes are also made in the application and interpretation of substantive law.
CONCLUSION
The goals and objectives set in my course work were fully achieved and researched.
From everything stated in my coursework, we can conclude that the most important task of the state at the present stage is to create an effective system of social services as a set of services to various categories of the population located in the social risk zone.
Social services are designed to help clients solve their social problems, restore or strengthen their ability to be self-sufficient and self-service, and create the necessary conditions for the viability of persons with disabilities.
The main goal of forming this system is to increase the level of social guarantees, provide targeted assistance and support disabled citizens, primarily at the territorial level and taking into account new social guarantees.
For more effective work of social service bodies, it is necessary to develop legal framework organization and functioning of social service institutions; development of scientific and methodological foundations for the activities of a network of social service institutions; state support for the development of the material and technical base of social service institutions; development of design documentation for the construction of new types of institutions, development of interregional and international cooperation and information support for the activities of social service institutions.
LIST OF SOURCES USED
1.The Constitution of the Russian Federation of December 12, 1993.
2.Federal Law “On the fundamentals of social services for the population in the Russian Federation” dated December 10, 1995 No. 195
3.Federal Law “On social services for elderly citizens and disabled people in the Russian Federation” dated August 2, 1995 No. 122
4.Federal Law “On social protection of disabled people in the Russian Federation” dated November 24, 1995 No. 181
5.Federal Law “On Veterans” dated January 12, 1995 No. 5
7. Azriliyana A.N. “New Legal Dictionary”: 2008.
8. Batyaev A.A. “Commentary to the Federal Law “On Social Services for Elderly Citizens and Disabled Persons””: 2006.
9. Belyaev V.P. “Social Security Law”: 2005
10. Buyanova M.O. “Russian Social Security Law”: 2008.
11. Volosov M. E. “Big Legal Dictionary”: INFRA-M, 2007.
12. Dolzhenkova G.D. “Social Security Law”: Yurait-Izdat, 2007.
13. Koshelev N.S. “Social services and rights of the population”: 2010.
14. Kuznetsova O.V. “Social protection of disabled people”: rights, benefits, compensation: Eksmo, 2010.
15. Nikonov D.A. “Social Security Law”: 2005
16. Suleymanova G.V. "Social Security Law": Phoenix, 2005.
17. Tkach M.I. "Popular legal encyclopedic Dictionary": Phoenix, 2008
18. Kharitonova S.V. “Social Security Law”: 2006
19. SPS "Garant"
20. ATP “Consultant Plus”
APPENDIX No. 1
Tariffs of state-guaranteed social services provided in departments of social services at home, specialized departments of social and medical services at home in the state system of social services of the Omsk region
| № | Name of service | Unit | Cost, rub. |
| 1 | 2 | 3 | 4 |
| 1 | Purchase and delivery of food products to the client’s home | 1 time | 33,73 |
| 2 | Purchase and delivery of essential industrial goods | 1 time | 15,09 |
| 3 | Assistance in organizing the renovation of residential premises | 1 time | 40,83 |
| 4 | Delivery of water to customers living in residential premises without water supply | 1 time | 16,86 |
| 5 | Kindling the stove | 1 time | 16,86 |
| 6 | Providing assistance in providing fuel to clients living in residential premises without central heating or gas supply | 1 time | 40,83 |
| 7 | Snow removal for clients living in undeveloped residential premises | 1 time | 15,98 |
| 8 | Payment of housing, utilities, communication services at the expense of the client | 1 time | 17,75 |
| 9 | Assisting with cooking | 1 time | 7,99 |
| 10 | Delivery of items to a laundry, dry cleaning, atelier (repair shop) and their return delivery | 1 time | 10,65 |
| 11 | Cleaning the client's living space | 1 time | 19,53 |
| 12 | Providing assistance in writing and reading letters, telegrams, sending and receiving them | 1 time | 2,66 |
| 13 | Subscription to periodicals and their delivery | 1 time | 10,65 |
| 14 | Providing assistance in preparing documents for admission to inpatient social services | 1 time | 68,34 |
| 15 | Preparation of documents necessary for burial, ordering funeral services (if the deceased client does not have a spouse), close relatives (children, parents, adopted children, adoptive parents, siblings, grandchildren, grandparents), other relatives or their refusal fulfill the will of the deceased regarding burial) | 1 time | 68,34 |
| 1 | 2 | 3 | 4 |
| 16 | Providing assistance to the client in organizing the provision of services by public utilities, communications and other organizations providing services to the population located at the client’s place of residence | 1 time | 19,53 |
| 17 | Providing care taking into account the state of health, including the provision of sanitary and hygienic services for a client receiving social services in specialized departments of social and medical services at home: | ||
| rubbing and washing | 1 time | 15,98 | |
| cutting fingernails and toenails | 1 time | 14,20 | |
| combing | 1 time | 3,55 | |
| facial hygiene after meals | 1 time | 5,33 | |
| change of underwear | 1 time | 8,88 | |
| change of bed linen | 1 time | 11,54 | |
| bringing in and taking out the vessel | 1 time | 7,99 | |
| catheter processing | 1 time | 14,20 | |
| 18 | Monitoring the health status of a client receiving social services in specialized departments of social and medical services at home: | ||
| body temperature measurement | 1 time | 7,10 | |
| measurement of blood pressure, pulse | 1 time | 7,99 | |
| 19 | Carrying out medical procedures in accordance with the prescription of the attending physician for a client receiving social services in specialized departments of social and medical services at home: | ||
| subcutaneous and intramuscular injections of drugs | 1 time | 11,54 | |
| application of compresses | 1 time | 10,65 | |
| instillation of drops | 1 time | 5,33 | |
| unction | 1 time | 12,43 | |
| inhalation | 1 time | 12,43 | |
| administration of suppositories | 1 time | 7,99 | |
| dressing | 1 time | 15,09 | |
| prevention and treatment of bedsores, wound surfaces | 1 time | 10,65 | |
| performing cleansing enemas | 1 time | 20,41 | |
| providing assistance in the use of catheters and other products medical purposes | 1 time | 15,09 | |
| 20 | Conducting health education work to address issues of age adaptation | 1 time | 17,75 |
| 1 | 2 | 3 | 4 |
| 21 | Accompanying the client to medical institutions, assisting in his hospitalization | 1 time | 28,40 |
| 22 | Providing assistance in passing a medical and social examination | 1 time | 68,34 |
| 23 | Provision of medicines and medical products according to doctors’ conclusions | 1 time | 17,75 |
| 24 | Visiting a client in an inpatient healthcare setting | 1 time | 19,53 |
| 25 | Feeding a client receiving social services in specialized departments of social and medical services at home who has lost the ability to move | 1 time | 26,63 |
| 26 | Social and psychological counseling | 1 time | 26,63 |
| 27 | Providing psychological assistance | 1 time | 26,63 |
| 28 | Providing assistance in realizing the right to receive social support measures established by law | 1 time | 43,49 |
| 29 | Legal advice | 1 time | 26,63 |
| 30 | Assistance in obtaining free assistance from a lawyer in the manner prescribed by law | 1 time | 19,53 |
APPENDIX No. 2
Client assistance system in the social service system
