Institutional portal - Municipality of Milan

It is an intervention foreseen and regulated with L.184/83 modified by law 149/2001 and is always arranged by the Social Service of the local authority which deals with the protection, care and protection of children/young people.

Every child or young person has the right to have a family that loves and takes care of them, helping them to grow in a peaceful and balanced way. There are families who, for different reasons, for more or less long periods, find themselves in difficult situations and this does not allow them to take care of their children's needs. In these situations, foster care allows children and their parents to find help/support in another family for the time necessary to overcome the difficulties.

The foster family welcomes the child/young person and, for a period of their life, responds to their care, affection and educational needs; an additional family, which neither erases nor forgets the history of the child and his bond with the family of origin.

Fostering and adoption are different, non-overlapping paths.

Foster care can be of two types:

1. consensual, when it is carried out with the consent of the family of origin
2. judicial when it is decreed by order of the Juvenile Court even without the consent of the family of origin.

Faced with different needs, there are different forms of family foster care:

• full-time/residential: when the minor lives with the foster family day and night for a more or less long period, maintaining periodic relationships with his family
• daily foster care: when the minor spends some hours of the day/week with the foster family, with continuity and regularity. This form of foster care, in which the child maintains cohabitation with his family of origin, allows significant support for the minor and his family
• foster care for weekends and holidays: when the minor spends short, well-defined and repeated periods with the foster family
• light and family solidarity foster care.

For each child/youth, social services prepare a personalized family foster care project that takes into account both the situation and needs of the child and his family of origin and the characteristics and availability of the foster family.

They are children from an early age up to 18 years old, Italian or foreign - followed by the Milan Services - who need to experience a family relationship of sharing and care.

Each family foster care project is personalized because it must respond to the needs of different ages, to the personal needs of the child/youth in relation to the specific needs of him and his family.

Individuals or couples, with or without children, married or cohabiting, can become foster carers: there are no age, education or income restrictions.

Welcoming a child into foster care involves the family as a whole, which is why all family members must agree.

L.149/01 establishes that foster care can also be implemented by single people.

As happens with all those who propose their availability, the acquaintance interviews allow us to highlight/verify the type of "sustainable" foster care for the person who proposes, in consideration of his resources, characteristics and life organization.

In our experience this availability is mostly used for situations of children/young people who, in consideration of their previous history and age, can also benefit from just one parental figure. Very young children almost always need a parental couple or families with other children.

The art. 5 paragraph 1 of law 149/01 lists the tasks of foster families:

• provide for the care, maintenance and education of the child/youth
• guarantee respect for the child's history, significant relationships, affections and cultural, social and religious identity
• ensure maximum confidentiality regarding the situation of the minor and his family
• promote the maintenance of the child's relationships with his family and any other subjects involved, according to the indications contained in the foster care project
• participate in the verification meetings on the assignment, prepared over time with the services, with the methods and deadlines envisaged by the assignment project
• participate in the support and training activities carried out by the foster care service in order to promote opportunities for discussion and discussion on foster care experiences (foster family groups).

You can contact:

Foster Care Coordination of the Municipality of Milan
viale Sturzo, 49 (corner of Via Quadrio)
tel 02 884.63012/3
Email PSS.FamigliaAffidi@comune.milano.it

or private social organizations that collaborate with the Municipality of Milan.

Yes, families who are available for foster care participate in the information and in-depth process.

The Reliance Coordination organizes a group information meeting, followed by two training meetings and an individual learning path, which includes some interviews and a home visit. For the training proposals of the private social organizations that collaborate with the Municipality of Milan, please refer to their websites.

The acquaintance interviews, conducted by a social worker and psychologist, are aimed at encouraging in the couple/individual a concrete reflection shared with the operators on the availability/resources of the family/person. In the case of families with children, these are normally known to the operators during the home visit.

This path, based on a "reflective dialogue", allows us to decline in a concrete and feasible way the availability, limits and needs of the family offering foster care, in relation to the situations of the children and their families.

Once the acquaintance process has been completed, the Foster Care Service of the Municipality of Milan checks whether among the children/young people awaiting foster care there is a situation suitable for the type of foster care agreed with the family during the acquaintance interviews. This phase (pairing) requires that there is compatibility between the characteristics and needs of the minor reported by the local Social Services who know the child and his family and those of those who are available for foster care. Sometimes this phase takes a little time; on the other hand, in our experience, a good match is an indispensable premise to facilitate the progress of the foster care relationship and therefore the well-being of all those involved.

Once a possible match has been identified, the aspiring foster family is contacted for one foster care proposal. In this phase, the operators provide the family with elements of knowledge about the history of the child and his family and explain the commitment that is required (estimated duration - relationships with the family of origin - particular needs of the minor, etc.). Following the information acquired, the family communicates to the operators whether it believes it can commit to the proposed situation.

At this point the operators who follow the child and his family of origin accompany and pace the start of acquaintance between them and the foster carers.

With the company trust agreement, signed by all the subjects involved, the commitments of each of the subjects involved are defined and formalized. This document promotes the best evolution of the foster care project and is monitored and updated over time with the necessary changes.

The duration is different for each child/youth as it is linked to the situation and needs of the minor and his family and their positive evolution.

The law establishes a duration of 2 years, which can be extended by the Juvenile Court if the suspension of custody would be detrimental to the minor.

The local services, by law, are assigned responsibility for the project and its supervision, reporting to the Tutelary Judge (if the foster care is consensual) and to the Juvenile Court (if the foster care is judicial) on the progress of the project, the evolution of the child and his family of origin and the possible need to continue foster care.

The operators who deal with the situation of the child and his family are the main point of reference for the foster family, who constantly interact with them (especially assiduously at the beginning of the foster care) to be oriented on the decisions to be made for the minor .

While the aspects of ordinary administration are managed independently by the foster family, important decisions for the life of the minor (e.g. religious choices, school addresses, documents for expatriation, specialist health interventions, long holiday periods or in any case taken in periods in which they are planned meetings between the child and his family, activities carried out by the child which may present some risk) must be promptly shared with the reference operators who will involve the family of origin to the extent of their competence.
During the definition of the foster care agreement, the operators point out the aspects that need to be shared more with the Services.

The regulation of relationships between the minor and his family (frequency and methods) is established by the Social Service, taking into consideration the peculiarities of each situation and any provisions/limitations of the Juvenile Court.

The relationship between the child's parents/family members and the foster family is different depending on the foster care project activated for that child. The foster family follows the instructions of the Services with which it consults for clarifications/support.

At the beginning of the foster care, the foster family receives a letter from the Municipality of Milan certifying the placement of the minor in family foster care. This document allows, in the case of residential (full-time) foster care, to request health and school registration of the foster child.

Yes, for the entire period of foster care the children/young people benefit from accident and civil liability insurance stipulated by the Lombardy Region.

See the Accident policy

In short-term assignments no change in personal details is made.

In long-term loans registration can only take place by agreement with the relevant Social Service, which verifies the opportunity with reference to the situation, including legal, of the minor and his family of origin.

If the foster care is residential (full-time), the foster family agrees with the Social Service on enrollment in the most appropriate school for him (generally the new school is close to the foster family's home or is the one attended by the family's children itself).

Law 149/2001 provides that "the foster carer exercises the powers connected with parental authority in relation to ordinary relations with the school institution and the health authorities", therefore the foster carers maintain contact with the teachers, sign the diary, justify absences, authorize departures, participate in the elections of the school collegiate bodies.

For important decisions such as changing schools, choosing higher education, etc. it is necessary to deal with the social service, which will involve the child's parents to the extent of their competence (this must be agreed with the parents through the social service that follows the child).

As previously mentioned, current legislation provides that the foster parent, in relation to ordinary relations with the health authorities, exercises the powers associated with parental authority.

However, the natural parents or guardian are responsible for extraordinary choices that require written authorization, such as surgery, vaccinations, administration of debilitating therapies: in this case it is necessary to consult the social service which will involve the child's parents to the extent of their competence.

In case of necessity and/or urgency, foster carers are required to take the most appropriate decisions to safeguard the health of the child entrusted to them (e.g. hospitalizations or other emergency interventions), communicating this to the competent Social Service as soon as possible.

In some situations it is possible, in others it is not. It is necessary to discuss with the Social Service operators who follow the minor and his family. In fact, there are children without valid documents for expatriation and it is therefore necessary for the Social Service to involve the family of origin or guardian or, in their replacement, the Guardianship Judge to obtain consent to expatriation.

For minors of foreign nationality, the request for documents implies the involvement of the diplomatic representations of their countries of origin, and can therefore be a complex and lengthy process.

In any case, whether the child in care is of Italian or foreign nationality, it is advisable to activate the request for valid documents for expatriation a few months in advance.

Yes. The Municipality of Milan pays the foster family a fixed monthly financial contribution independent of income (foster fee). The foster care fee is diversified depending on the type of foster care: the basic fee of €. 480,00 (for full-time residential foster care) is increased for particularly problematic/demanding situations. For part-time assignments the expected contribution is lower.

The foster care fee does not constitute income (Presidential Decree n.601/73 art. 34 3rd paragraph). If necessary - and previously agreed with the Social Service - the Administration, making use of its own provisions and within the limits of available financial resources, can authorize the partial or total reimbursement of extraordinary expenses incurred by the foster family in favor of the minor.

Furthermore, for the entire period of foster care, the minor benefits from a special one accident insurance to the minor or damage caused by the minor to third parties or to the foster family (civil liability). Discounts are currently also available for attending public schools and childcare services located in Milan:

• school meals: minimum fee required
• free school textbooks for primary school
• Nurseries
• stays in a holiday home in the municipality of Milan for children aged 3 to 14 years
• summer centers in nursery schools, nursery schools and primary schools.

This site contains the provisions for the use of the services indicated above, including the benefits provided for minors in foster care.

"Minors in temporary foster care are considered separate family units, without prejudice to the right of the foster parent to consider them part of their household" (INPS Circular 171 of 18.12.2014).

The National Coordination of the Foster Care Service has submitted - through the Municipality of Florence pro tempore Presidency - to the Ministry of Labor and Social Policies the recurring questions of foster families on the topic.

for further

• read the response from the Ministry

According to current legislation (L.149/01 art.38, paragraph 1, ex art.80 L.184/83) only in the case in which the judge, also in relation to the duration of the custody, provides in the provision that the family allowances and social security benefits relating to the minor are temporarily paid in favor of of the trustee.

The National Coordination of the Foster Care Service has submitted - through the Municipality of Florence pro tempore Presidency - to the Ministry of Labor and Social Policies the recurring questions of foster families, also including this topic.

for further

• read the response from the Ministry

The law on the right of the child to a family (L.149 / 01, art.38, paragraph 2) establishes that tax deductions for family dependents are applicable to foster carers, provided that the foster carer is a dependent (art.12 Presidential Decree 917/86 and subsequent amendments) and this is proven by a provision of the Juvenile Judicial Authority.

Care must be taken to prevent the minor from appearing both in the tax return of the natural family and in that of the foster family.

The current legislation (L.149/01 art.38, paragraph 3) provides that foster parents "are extended all the benefits in terms of compulsory and optional abstention from work, sick leave, daily rest periods provided for biological parents" .

Standards of Reference

Legislation to support maternity and paternity 

• Legislative Decree 151/2001 as amended by L.244 of 24 December 2007
• Legislative Decree no. 115 of 2003
• Legislative Decree 80/2015
• L.104/1992 (disabled minors) 

The same rights belong to workers registered with INPS separate management

• INPS Circular n.139/2002
• INPS Circular n.16/2008: maternity leave
• INPS Circular no. 139/2015
• Message 4805/2015 (clarifications regarding disabled minors): parental leave

Useful links

• INPS portal

Il Baby Bonus under certain conditions it is also entitled to minors in foster care: for further clarification see www.inps.it – birth allowance

The National Coordination of the Foster Care Service has submitted - through the Municipality of Florence pro tempore Presidency - to the Ministry of Labor and Social Policies the recurring questions of foster families, also including these issues.

for further

• visit the page Foster care network
• read the response from the Ministry