Child Protection Measures in the Valencian Community
Title 6: Articles 83-88 – Residential Care
Agreement from Territorial Jurisdiction
Residential care should be agreed upon by the territorial jurisdiction in matters of child protection when it is in the best interest of the child and the most appropriate resource. This care should be maintained for as long as necessary, without prejudice to the provisions of Article 86 for placement in a reception center. In any case, the director of the center where the child is welcomed will be under the direct supervision of the territorial jurisdiction in matters of child protection.
Technical Committee (Title 7, Articles 89-92)
Each territorial jurisdiction will have a technical committee, serving as a collegial and interdisciplinary body. This committee will cooperate with the administration of justice as outlined in Title 8, Articles 93-94.
Responsibilities of the Territorial Jurisdiction
To facilitate better monitoring of guardianship, foster care, or custody of minors, and the inspection of centers, the public prosecutor must:
- Immediately communicate any new revenue centers.
- Send copies of all administrative decisions and statements related to the establishment, variation, and termination of guardianship, custody, and foster care, along with relevant documentation.
- Provide information about the child’s circumstances.
- Provide access to facilities, agencies, and archives.
- Fulfill requirements and respond to written requests related to the performance of their functions.
Decree 28/2009: Amending Child Protection Measures
Decree 28/2009, dated February 20th, enacted by the Council, amends the legal protection measures for children. This decree aims to improve and update the existing legal framework, adapting it to the current reality and organizational structure of the Department of Social Welfare. Key changes include:
Situations of Helplessness
The decree defines situations of helplessness as:
- Neglect of the child’s physical care, mental health, or education by parents or guardians, particularly when these omissions are systematic or severe.
- Physical or emotional abuse of the child by parents or guardians, including severe episodes of abuse or a pattern of violence.
- Harmful situations (physical, mental, or emotional) where the child lacks a satisfactory and proper relationship with a relative, or their age, physical condition, cognitive abilities, emotional state, or temporary limitations prevent them from protecting themselves.
- Situations of instability, difficulty coping with social, parental, or relationship issues, or other potentially harmful circumstances where parental consent and cooperation are absent, and general or specialized community resources are unable to address the situation while prioritizing family integration.
- Any other condition that results in less serious harm to the child’s physical or mental well-being, requiring separation from their family and the assumption of custody by operation of law for their protection.
A situation of helplessness is not established when a guardian faces temporary difficulties in providing the necessary moral and material support.
Simple Family Foster Care
Paragraph 3 is added to Article 46, defining simple family foster care as an alternative to keeping children in a reception center for a maximum of nine months. This type of care is aimed at children under seven years old.
Financial Compensation for Foster Care
Article 50 states that simple and permanent foster care may receive financial compensation for the costs of caring for the child. This compensation can be monetary or in the form of aid, as established in the regulations specified in Article 53.
Unified Record for Educating Families
Article 53 is amended, establishing a single record for educating families throughout the community.
Individual Child Dossier
Article 87 bis mandates that all residential care facilities maintain an individual dossier for each foster child. This dossier will include administrative and procedural documentation, personal identification, personal documents, school records, health records, and an individualized intervention program.
Decree 93/2001: Regulation of Legal Protections for Children
Government Decree 93/2001 comprehensively covers protection measures for children at risk and in need in the Valencian Community. It outlines procedures for child protection institutions, custody, guardianship, residential placement, foster care, and adoption (both nationally and internationally). It also establishes the foundation for records of educators and families seeking to adopt within the community.
Key Highlights of Decree 93/2001
- Participating Entities
- Basic skills are attributed to the Generalitat, which, according to the principle of decentralization, will delegate the responsibility for child protection. Adoption will be managed by the competent regional entities.
Powers and Functions (Article 2)
Article 2 outlines the powers and functions related to the social protection of children, including:
- Prevention of social vulnerability and family uprooting.
- Information, guidance, and advice for children and families.
- Family intervention.
- Detection and diagnosis of distress situations.
- Proposals for protective measures at the regional level.
Local Authorities
is exercised through the municipal teams ss or comprehensive care to the family of field-la Generalitat v municipal. provide the necessary cooperation technical and financial assistance for the effective implementation of these objects funciones.-under protection art5 .- protective measures provided for in this rule shall apply to children and young people under 18 who reside or are temporarily in the territory of the v. Community -The minor alien present in the territory of the cv, at risk or distress, be subject to the protection measures provided pursuant to the provisions of existing legislation on legal protection of menor.-measures child protection 7.-art are those actions to prevent or eliminate risk and neglect and to ensure integrated development of children .- considered child protection measures include: – a) the support or family support in situations of riesgo.-b) the assumption of custody by operation of law following a declaration of the state of helplessness of the child .- c) the guarda.-d) foster care .- e) the placement residencial.-f ) adoption .- g) any other result in the child’s interests, address their personal, family and social.- In the title 1art 15-22. is dedicated to risk: risk is considered the minor one that, by personal, interpersonal or the environment, causes harm to the development and / or personal or social well-being of the same, without requiring the assumption of protection by the law ministry to take measures to correct the title 2 art .- 23-36. presents the situation of helplessness and guardianship. It is considered state of helplessness which actually occurs because of failure or the impossible or inappropriate exercise of the duties of protection, established by law for custody of the child when they are deprived of the necessary moral support and material.-with homelessness is caused a serious damage to personal or social development of children, which unavoidably requires the assumption of custody by operation of law, to adopt measures for their protection and Title 3 corrección.-art 37-43. includes the assumption of guardianship, the Generalitat Valenciana assume temporary custody of a minor, as a measure of protection .- foster care is regulated in Title 4 of Article 44-61. is a measure of protection for the care of a child is exercised by a person or family, who assumes the obligations to ensure them, have them in your company, feed, educate and training integral.-art 62 Title 5 -82. deals with pre-adoptive foster care and adoption. According to Article 173 bis of the Civil Code, pre-adoptive foster care will be formalized by the public when elevated the proposed adoption of a child, reported by the child care services, the judicial authority, provided that the caregivers meet the requirements to adopt, have been selected and have provided to the public agency consent to the adoption and the child is in a good position for adoption.