Child Protection and Guardianship
Guardianship
Guardianship is established by court order, granting the guardian responsibility for the person and/or property of a child. The guardian is responsible for ensuring the child’s well-being, including providing adequate food, education, and a supportive environment that fosters their integration into society.
Guardianship can be automatically assumed in urgent situations where a child requires immediate intervention. In such cases, the public entity must inform the Prosecutor and the child’s parents or guardians within 48 hours.
Care proceedings, automatically initiated by the Institution, occur when parents or guardians, due to serious circumstances, are unable to care for the child. This measure can be requested by a parent, guardian, or imposed by the court to prevent situations of distress that could lead to the deprivation of parental rights. If such a risk exists and custody of the minor is not sought from the authorities, the judge will establish protective care.
Foster Care
One of the main innovations introduced by Juvenile Law is the concept of placement. A child who lacks protection or is at risk of homelessness, and therefore cannot remain with their family, can be placed with another family or in a public institution. Three types of fostering are identified: simple family fostering (temporary), permanent family fostering, and pre-adoptive foster care. The judge considers the characteristics of the welcoming environment when making the placement decision.
Residential Care
In cases where family placement is not feasible, the child will be placed in residential care within a care center. This measure aims to be as short-term as possible.
Adoption
Adoption establishes a legal, non-biological parent-child relationship. Our regulatory system governing adoption is outlined in the Civil Code, specifically Articles 175 and 180, which define the conditions for both adopters and adoptees, as well as the adoption process.
Requirements and Process
The adoptive parent must be a natural person with legal capacity and over 25 years old. Couples united by marriage or a similar cohabitation relationship may also adopt. The adopter must be at least 14 years older than the adoptee. If the adoptee is not yet emancipated and has been in a foster care or continuous cohabitation situation initiated before they reached 14 years of age, this age difference requirement still applies.
Adoption is granted by court order through the following process:
- Initiation of the Case: The public entity proposes the adoption to the judge, who then requests a report on the suitability and best interests of the child. Non-profit entities previously authorized by the authorities may assist in this process.
- Judicial Handling of the Case: The judge hears all relevant parties, considering the consent of the adoptive parents, the adoptee (if over 12 years old), and the biological parents (unless they have been deprived of parental authority).
- Final Stage: Taking into account the best interests of the adoptee and the suitability of the adopter, the Court issues a judicial resolution on the adoption.
Effects of Adoption
If the decision is positive, the child is fully integrated into the family, and all rights associated with the parent-child relationship (e.g., name) come into effect.
International Adoptions
Adoptions are governed by the Convention on the Protection of Children and Cooperation, signed in The Hague on May 29, 1993. The authorities of the destination state must issue a certificate of suitability for the adoptive parents. Once adopted, the child acquires Spanish nationality.
Given the complexities of international adoption, the Convention allows for accredited non-profit organizations to contribute to its implementation.
Social and Resource Center for Child Protection
Family support begins with collaboration between primary health care services (SSS), the school system, and health institutions. Schools, health centers, and SSS centers identify situations requiring specialized intervention.
Community SSS teams provide information, guidance, home help, and parenting programs. They offer support to families at various stages, from early detection of risk situations to support for caregivers of dependent individuals.
Strengthening Families
Community SSS teams play a crucial role in addressing social risk situations arising from family breakdown. They design individualized intervention programs that equip families with skills and resources to foster positive dynamics. These programs may include assessments, financial assistance (regular or emergency), and access to services like nurseries and school meals, all aimed at preventing exclusion.
Early Childhood Support
Early childhood education centers, playgrounds, and day centers promote the development of young children while supporting the work-life balance of parents. The expansion of childcare places and the creation of workplace nurseries by companies are instrumental in achieving this goal.
Day centers and playgrounds are non-residential resources that provide ongoing support to families. Day centers offer comprehensive preventive interventions, including personal and social development activities, training, family counseling, and recreation.
Toy libraries complement children’s development through play, fostering social, emotional, and cognitive growth during their leisure time. These centers collaborate with SSS teams, prioritizing vulnerable children and promoting preventive content such as health education, peace-building, and sustainable development.