Helping children who have returned from TOT or been deported: legal clarifications for families

After returning from the temporarily occupied territories or from outside Ukraine, where the child was forcibly removed, families face both psychological and social challenges, as well as material problems. In response to this, the state introduced a new support mechanism: it is a one-time grant of 50,000 hryvnias for children who survived deportation or returned from the occupation. This step is part of a broader model of assistance, which should include not only financial payment, but also legal, medical and social support for the family. However, it remains unclear to many who is specifically entitled to this assistance, how to issue it, and what constitutes proper confirmation of the fact of deportation or forced detention.

Lawyers of the “Repeshko and Partners” Bar Association explain exactly how the new state assistance mechanism works for children who returned from temporarily occupied territories or were deported. They explain in detail who is entitled to receive a one-time payment of 50,000 hryvnias and which documents should be collected.

The new type of assistance developed by the state concerns children who were returned after deportation or forced relocation to the temporarily occupied territories of Ukraine. It includes not only monetary, but also multi-level support in other spheres of life not only of the child, but also of his family.

The following categories of children can receive a new type of assistance:

• who return from the temporarily occupied territories (TOT).
• who return after deportation to the territory of the Russian Federation
• who were forcibly relocated within the TOT.

At the same time, assistance is paid for each child separately, regardless of how many children in the family fall under the listed categories.

Important nuances are that: this assistance does not affect other social benefits and subsidies received by the family; payments are intended to create appropriate conditions for the child’s adaptation and reintegration into Ukrainian society; in the absence of parents, the child can be placed in a family form of education; support is also provided to the child’s family members

It all starts with the fact that the entity that ensures the search and return of children, after the arrival of a legal representative or a person authorized by him in Ukraine together with the child as a result of their return from the territory of their deportation or forced relocation, the temporarily occupied territory of Ukraine, informs them about the mechanism of obtaining lifting assistance.

The right to receive lifting assistance from a legal representative or a person authorized by him arises from the date of their arrival together with the child in Ukraine from the territory of his deportation or forced relocation, the temporarily occupied territory of Ukraine, if such arrival took place after the entry into force of the resolution of the Cabinet of Ministers of Ukraine dated June 4, 2025. No. 653 “On Amendments to Certain Resolutions of the Cabinet of Ministers of Ukraine 14 on the Protection of Children’s Rights”, and in the event that information about them is contained in the individual plan. At the same time, the payment of maintenance allowance to the legal representative of a child deported or forcibly displaced, or who was at risk of deportation and/or forced displacement as a result of the armed aggression of the Russian Federation against Ukraine, or to a person authorized by him, is transferred by the State Service for Children to the accounts of the recipients opened in an authorized bank institution.

Child support is paid to the legal representative of the child once in the amount of 50,000 hryvnias for each child.  Funds from the lifting aid must be used to create appropriate conditions for the reintegration and adaptation of the child in Ukraine as a result of his return from the territory of his deportation or forced relocation, or the temporarily occupied territory of Ukraine, as well as the implementation of measures aimed at the immediate provision of the rights and best interests of the child, in particular, defined in the plan of measures to ensure the support and reintegration of the child.

It is worth knowing that the State Service for Children after the arrival of the legal representative of the child with the child in Ukraine familiarizes them with the conditions for receiving and using the funds for lifting assistance, and therefore, to receive all the appropriate payments and the provided support, it is necessary to contact the State Service for Children, which operates in the nearest territorial community.

The legal representative of the child, after arriving on the territory of Ukraine as a result of returning with the child from the territory of his deportation or forced relocation, or the temporarily occupied territory of Ukraine, applies to the State Service for Children with an application for the provision of lifting assistance, drawn up in the form and presents:

• passport of a citizen of Ukraine;
• in the absence of a passport — there is a Document in the mobile application of the Unified State Web Portal of Electronic Services (Action);
• or a temporary certificate of a citizen of Ukraine;
• or a permanent residence permit;
• or a refugee card;
• or an identity card that requires additional protection;
• a document with data on the registration number of the taxpayer’s registration card (except for natural persons who, due to their religious beliefs, refuse to accept the registration number of the taxpayer’s registration card and have officially notified the relevant supervisory body about it and have a mark in the passport of a citizen of Ukraine);
• child’s birth certificate;
• or details of the electronic display of the birth certificate;
• in the absence of such documents, a statement on the available information about the child, drawn up in an arbitrary form, which indicates the name of the body to which the application is submitted, information about the person submitting the application (surname, first name, patronymic (if available), information about the surname, first name, patronymic (if available) of the child, date of birth, legal representatives of the child and the purpose of submitting the application.

It should be noted that the amount of lifting allowance is not included when calculating the average monthly total income of a family (household) for the purpose of all types of state social assistance and housing subsidies, which, according to the law, are provided depending on the total income of the family (household).

We draw your attention to the following nuance! Payment of maintenance allowance is made if the application for its receipt is received by the State Service for Children’s Affairs within one year from the day the right to receive it arises. Therefore, it is possible to apply for the appointment and receipt of the specified assistance only within one year from the date of return. It is the State Service for Children, based on the list of recipients and the application for the provision of maintenance allowance, submitted in accordance with the requirements, that forms the statement on the payment of maintenance allowance to the legal representative of the child and transfers the maintenance allowance to the account of the legal representative of the child or a person authorized by him, opened in an authorized bank institution, within five days from the date of submission of the application.

For each returned child, the state draws up an appropriate plan of measures to ensure the support and reintegration of the child, which includes measures within the framework of the short-term, medium-term and long-term assistance package. The short-term aid package (up to three months) includes a set of measures aimed at immediately ensuring the rights and best interests of the child, and includes:

• provision of emergency accommodation after returning to Ukraine;
• providing support for the child to receive social, educational and rehabilitation services;
• provision of emergency, primary and specialized medical care;
• providing support in the field of mental health and psychosocial support;
• provision of food products;
• assistance in restoring documents;
• receiving other legal assistance;
• compensation for incurred expenses related to the payment of performed notarial actions (in case of appeal);
• providing assistance in the purchase of technical equipment, textbooks, conducting additional classes, etc. for the purpose of the child’s education.

In addition, the medium-term aid package (from three to six months) includes a set of measures aimed at supporting the child and his family, and includes:

• providing support for parents and other relatives of the child with the aim of returning the child to the family for upbringing;
• taking measures to give the child the status of an orphan, a child deprived of parental care (if necessary);
• taking measures to place an orphan child, a child deprived of parental care, in a family of citizens of Ukraine, under guardianship, custody, in a foster family, in a family-type orphanage in the manner established by the law;
• providing support to families raising children with disabilities;
• provision of assisted living services (for children reaching adulthood, orphans, children deprived of parental care, who have experience living in institutions providing institutional care and upbringing of children).

At the same time, the long-term assistance package (from six to 18 months) includes a set of measures aimed at long-term support of the child and his family, and includes:

• educational and social support, provision of social housing, provision of access to medical and rehabilitation services;
• providing support in the field of mental health and psychosocial support;
• strengthening trauma-informed parenting skills and family relationships in biological families;
• working with children deprived of parental care who returned to Ukraine after deportation, forced relocation, being at risk of deportation and/or forced relocation as a result of the armed aggression of the Russian Federation against Ukraine, preparing them for placement in foster families, family-type children’s homes;
• taking measures to establish foster families, family-type orphanages in order to ensure the right to family upbringing of orphans, children deprived of parental care, who were deported or forcibly displaced as a result of the armed aggression of the Russian Federation against Ukraine or were at risk of deportation and/or forced displacement, and meeting the needs of such families;
• creation of conditions for placing children in conditions close to family, social housing, housing from the social purpose housing fund, apartment or manor (single-family) residential building from the social purpose housing fund, if this corresponds to the best interests of the child;
• providing social support to the family in which the child is placed, in order to facilitate the adaptation of the child in a new environment (in the case of placing the child in a foster family, in a family-type orphanage, under guardianship or care);
• providing financial support to the family, promoting the employment of adults of working age, skill development and vocational training.

Before submitting documents for assistance, it is important to make sure that you have official confirmation of the fact that the child has been deported or forcibly moved. It can be an extract from the register, an act from authorities or a court decision. If there are no such documents, you should contact the authorized bodies with a request to record the relevant fact.

We recommend that you do not delay in submitting your application after your return, as the processing time can be long, and the social security authorities sometimes work with delays. You should also keep copies of all submitted documents and record the date of application. In case of refusal or delay, apply in writing with a request for the reasons. There should be an official justification in response. In the absence of an answer within the prescribed period or in the case of an unjustified refusal, you can apply to the court or to the human rights ombudsman.

If the family returned unaccompanied by the state or international organizations, we advise you to contact the centers providing free legal assistance with the issues of preparing documents and protecting interests in the event of a dispute. To avoid the risk of losing the right to assistance, it is advisable to immediately register the location of the child in the controlled territory, obtain new documents in case of their loss, as well as record all appeals to medical, social or educational institutions, this can confirm the fact of return and the need for support.