Legal Protection of Children Act

JUAN CARLOS I

KING OF SPAIN

To all who see and understand the present.

Know: That the General Courts have passed and I come to sanction the following Organic Law.

EXPOSURE OF GROUNDS

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The Spanish Constitution of 1978, by enumeration, in Chapter III of Title I, of the guiding principles of social and economic policy, it refers first of all to the obligation of the public authorities to ensure the social, economic and legal protection of the family and, in particular, that of minors.

This concern to provide the child with an adequate legal framework for protection also goes beyond a number of international treaties ratified in recent years by Spain and, in particular, the United Nations Convention on the Rights of the Child of 20 November 1989, ratified by Spain on 30 November 1990, which marks the beginning of a new philosophy in relation to the child, based on a greater recognition of the role of the child in society and on the demand for a greater role for the child.

This need has been shared by other international bodies, such as the European Parliament which, through Resolution A3-0172/92, adopted the European Charter on the Rights of the Child.

In line with the constitutional mandate and the general trend indicated, an important process has been carried out in recent years to renew our legal system in the area of minors.

First was the Law 11/1981 of 13 Maythe modification of the Filiation, Patria Potestad and the Economic Regime of Marriage, which abolished the distinction between legitimate and illegitimate filiation, equated the father and mother for the purposes of the exercise of parental authority and introduced the investigation of paternity.

Laws 13/1983 of 24 October 1983 on guardianship have subsequently been enacted, inter alia; Act No. 21/1987 of 11 November 1987amending certain articles of the Civil Code and of the Civil Procedure Act on adoption; Organic Law 5/1988 of 9 June 1988on exhibitionism and sexual provocation in relation to minors; Organic Law 4/1992 of 5 June 1992on the reform of the Law on the Jurisdiction and Procedure of Juvenile Courts; and Act No. 25/1994 of 12 July 1994incorporating into the Spanish legal system the Directive 89/552/EECon the coordination of the laws and regulations of the Member States relating to the pursuit of television broadcasting activities.

Of the above-mentioned Acts, 21/1987, of 11 November, has undoubtedly brought about more substantial changes in the area of child protection.

As a result, the outdated concept of abandonment was replaced by the institution of carelessness, a change which has led to a considerable acceleration of the procedures for the protection of the child by allowing the competent public body to automatically assume the protection of the child in cases of serious neglect of the child.

It also introduced the consideration of adoption as an element of full family integration, the configuration of family care as a new institution for the protection of children, the generalization of the best interests of the child as an inspiring principle for all proceedings relating to the child, both administrative and judicial; and the enhancement of the powers of the Public Prosecutor ' s Office in relation to minors, as well as its corresponding obligations.

However, despite the undoubted progress that this Act made and the important innovations that it introduced, its implementation has revealed certain gaps, while the time since its enactment has given rise to new needs and demands in society.

Numerous institutions, both public and private - the two Parliamentary Chambers, the Ombudsman, the Attorney-General of the State and various associations related to minors - have echoed these demands, transferring to the Government the need to adapt the system to the reality of our present society.

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This Act is intended to be the first response to these demands, addressing an in-depth reform of the traditional child protection institutions regulated in the Civil Code.

In this sense - and although the central core of the Act is, as could not otherwise be, the amendment of the corresponding precepts of the Code - its content goes beyond the limits of the Code in order to build a broad legal framework of protection that links all public powers, institutions specifically related to minors, parents and relatives and citizens in general.

The social and cultural transformations in our society have led to a change in the social status of the child and as a result a new approach has been taken to the construction of the building for the human rights of children.

This approach reformulates the structure of the right to protection of children in force in Spain and in most developed countries since the end of the twentieth century, and consists primarily of full recognition of the rights of minors and of a progressive capacity to exercise them.

The post-constitutional legislative development reflects this trend, introducing the status of the subject of rights to minors. Thus, the concept of “being heard if he had sufficient judgment” has been transferred to the entire legal system in all matters affecting him. This concept introduces the dimension of evolutionary development into the direct exercise of their rights.

Limitations that may arise from the evolutionary fact must be interpreted in a restrictive manner. Moreover, such limitations should focus more on procedures, so that those that are more appropriate to the age of the subject will be adopted.

The legal system, and this Act in particular, is progressively reflecting the concept of minors as active, participatory and creative subjects, capable of changing their own personal and social environment; of participating in the search for and satisfaction of their needs and in meeting the needs of others.

Current scientific knowledge allows us to conclude that there is no stark difference between protection needs and needs related to the autonomy of the subject, but that the best way to guarantee social and legal protection for children is to promote their autonomy as subjects. In this way they will be able to gradually build a perception of control over their personal situation and their projection of the future. This is the critical point of all child protection systems today. It is therefore the challenge for all legal systems and mechanisms for the promotion and protection of minors. This is the concept of the subject on which the present Law rests: the needs of minors as the axis of their rights and their protection.

Title I begins with a general recognition of the rights contained in the international treaties to which Spain is a party, which must also be used as a mechanism for interpreting the various rules applying to minors.

On the other hand, from the range of rights of minors, it has been observed that some of them need to be nuanced, combining, on the one hand, the possibility of their exercise with the necessary protection that, due to age, minors deserve.

In order to strengthen the guarantee mechanisms provided for in Organic Law 1/1982 of 5 May 1982Civil Protection of the Right to Honor, Personal and Family Privacy and Own Image, the dissemination of data or images referring to minors in the media is prohibited if it is contrary to their interest, even when the consent of the minor is stated. This is intended to protect the child, who can be manipulated even by his own legal representatives or groups in which he moves. This amendment is supplemented by the active legitimation of the Public Prosecutor's Office.

The right to participation of minors has also been expressly stated in the articles, with reference to the right to form associations and to promote children's and youth associations, with certain requirements, which is supplemented by the right to participate in public meetings and peaceful demonstrations, and the requirement of authorization of parents, guardians or guardians is established.

The Act regulates the general principles of action in the face of situations of social protection, including the obligation of the public entity to investigate the facts before it in order to correct the situation through the intervention of the Social Services or, where appropriate, by assuming the guardianship of the child by ministry of the law.

Similarly, it establishes the obligation of any person who detects a situation of risk or possible neglect of a minor, to provide immediate assistance and to communicate the act to the authority or its closest agents. Specific provisions are also made for the duty of citizens to inform the competent public authorities of the absence of the child, habitually or without justification, from the school.

The distinction between situations of risk and neglect which give rise to a different degree of intervention by the public body can be described as innovative in situations of social protection of the child. While in situations of risk, characterized by the existence of harm to a minor who does not reach the level of gravity sufficient to justify his separation from the family nucleus, this intervention merely attempts to eliminate, within the family institution, the risk factors, in situations of neglect, where the seriousness of the facts advises the removal of the minor from the family, the fact is that the public entity assumes the guardianship of the child and the consequent suspension of the ordinary parental authority or guardianship.

Throughout the Act, a concern arises based on experience gained from the implementation of the Act No. 21/1987to speed up and clarify the procedures for administrative and judicial proceedings affecting the child, with the aim of ensuring that the child is not defenceless or unprotected at any time.

This is why, in addition to establishing as a general principle, that any action must take into account the interests of the child and not interfere with his or her school, social or work life, it is determined that decisions appreciating the existence of the situation of neglect must be notified to the parents, guardians and guardians within 48 hours, informing them also, and, if possible, in a face-to-face and in a clear and understandable manner, of the causes that gave rise to the intervention of the administration and of the possible effects of the decision taken.

With regard to the measures that judges may take to avoid situations harmful to children, which currently Civil Code Article 158 extends to all minors, and to situations beyond the scope of parental-filial relations, extending to those arising from guardianship and custody, and provides for the possibility for the judge to adopt them with caution at the beginning or during any civil or criminal proceedings.

In short, it is a question of establishing a principle of agility and immediacy in all administrative and judicial proceedings involving minors in order to avoid unnecessary harm that may result from their rigidity.

Special mention deserves family care, figure that introduced the Act No. 21/1987. This may be constituted by the competent public entity when the consent of the parents is obtained. In another case, the judge must be asked to be the person who constitutes the placement. The application of this provision has so far forced public entities to place minors in a centre, even in cases where the extended family has expressed its intention to receive the child, because it does not have the will of the parents and the psychological and emotional damage that this brings to the children, who are unnecessarily deprived of their stay in a family environment.

In order to remedy this situation, this Law provides for the possibility that the public entity may agree in the interest of the child to temporary family care. The latter may be agreed by the public body if the parents do not consent to or oppose the placement, and it shall remain pending the processing of the necessary file, pending a judicial decision. In this way, it facilitates the establishment of the care of those children over whom their parents have shown the greatest disinterest.

Until now, the legislation had conceived foster care as a temporary situation and therefore the regulation of it made no distinction as to the different circumstances in which the child could be found, always giving the foster family limited autonomy in the care of the child.

A reflection that is currently being made in many countries is whether legal institutions for the protection of minors respond to the diversity of situations of lack of protection in which they are found. The answer is that both the diversification of legal institutions and the easing of professional practices are essential for the qualitative improvement of child protection systems. This Act is designed to facilitate family reception and to adapt the framework for relations between the foster and the foster children in accordance with the stability of the reception.

In accordance with the purpose of the study, three types of placement are collected. In addition to simple placement, where temporary conditions are present, in which the child ' s return to his or her family is relatively foreseeable, the possibility of permanent placement is introduced, in cases where the age or other circumstances of the child or his or her family suggest that he or she be given greater stability, extending the autonomy of the foster family with regard to the functions derived from the care of the child, by conferring on the judge those powers of guardianship that facilitate the performance of his or her responsibilities. The method of pre-adoption care is also expressly reflected in the Act No. 21/1987 It appeared only in the explanatory memorandum, which also exists in other legislation. This Act provides for the possibility of establishing a pre-adoptive period, through the formalization of a placement for this purpose, either because the public entity raises the proposal for the adoption of a minor or when it considers it necessary to establish a period of adaptation of the minor to the family before submitting the proposal to the judge.

This remedying the inadequacies suffered by Article 173.1 of the Civil Code by differentiating between the different types of care according to whether the family situation can improve and that the return of the child does not involve risks to the child, that the circumstances suggest that it should be constituted on a permanent basis, or that it should be constituted on a pre-adoptive basis. It also provides for the points to be included in the formalisation document Civil Code demand.

With regard to adoption, the Act introduces the requirement of the qualification requirement of the adopters, which must be appreciated by the public entity, if the latter formulates the proposal, or directly by the judge, in another case. This requirement, while not expressly established in our positive law, is explicitly set out in the Convention on the Rights of the Child and the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption and was taken into account in practice in the selection procedures of adoptive families.

The Act addresses the regulation of intercountry adoption. In recent years, there has been a significant increase in the adoption of foreign children by Spanish adopters. At the time of preparation of the Act No. 21/1987 it was not such a widespread phenomenon and there was not enough perspective to address it in such reform. The Act differentiates the functions to be performed directly by public entities from those mediation functions that may be delegated to private agencies that have the corresponding accreditation. It also lays down the conditions and requirements for the accreditation of these agencies, among which it is worth noting the absence of any end-of-profit on the part of these agencies.

In addition, the Article 9.5 of the Civil Code establishing the need for the suitability of adopters for the effectiveness in our country of adoptions constituted abroad, thus fulfilling the commitment made at the time of ratification of the United Nations Convention on the Rights of the Child, which obliges States parties to ensure that children who are adopted in another country enjoy the same rights as nationals in adoption.

Finally, the present Law also deals with some aspects of guardianship, developing those articles of the Civil Code which require nuances when they affect minors. Thus, the guardianship of a minor must, where possible, be directed towards the integration of the minor into the guardian ' s family. The existence of serious and repeated problems of coexistence is also introduced as a cause of removal and the minor is given a hearing in this procedure.

In the entire text, the intervention of the Public Prosecutor's Office is reinforced, following the trend initiated by the Act No. 21/1987by extending the channels of action of this institution, which, by virtue of its own Statute, is responsible for the representation of minors and incompetent persons without legal representation.

Another issue dealt with in the Act is the placement of a minor in a psychiatric facility and that, with the aim of ensuring that the child is given the utmost guarantees as a minor, he/she is subject to prior judicial authorization and the rules of Article 211 of the Civil Codewith a mandatory report from the Public Prosecutor's Office, equating the minor to the presumed incapable and not considering the consent of his parents valid for the purpose of voluntary detention, except for emergency detention.

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The Act is intended to be respectful of the constitutional and statutory division of powers between the State and the Autonomous Communities.

In this regard, the Act regulates aspects relating to civil and procedural legislation and the administration of justice, for which it enjoys specific constitutional status under article 149.1 (5), (6) and (8).

However, in a specific final provision, the powers of the Autonomous Communities which have their own civil, foral or special law, for which the Act declares itself subsidiary in respect of the specific provisions in force in those Communities, are to be protected.

Likewise, when reference is made to administrative powers, it is specified that these are the responsibility of the Autonomous Communities and the cities of Ceuta and Melilla, in accordance with the constitutional division of powers and those assumed by them in their respective Statutes.

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Finally, the amendment of a number of articles of the Act is incorporated into the Act. Civil Code in order to clean up grammatical and content mismatches resulting from the successive partial reforms carried out in the Code.

Apart from other reforms which only affected the institution of guardianship, the Law 13/1983 of 24 October 1983amended Title X of the Book I of the Civil Code, initialled «On guardianship, wardship and guardianship of minors or disabled» and improved the system of ordinary guardianship already provided for in the Civil Code. In addition, Act No. 21/1987 of 11 November 1987has redrafted the articles regulating the guardianship assumed by the Ministry of the Law by the public entities and whose reform is now being addressed.

The coexistence of these two aspects of the institution of guardianship demands internal harmony in the Civil Code that the First Section, Private Law, of the General Codification Commission has covered through the amendment of the above-mentioned articles which, after the 1983 reform, were already inconsistent or of complex practical application.

Thus, since the Act has as its basic objective the protection of minors through administrative guardianship, the amendment of other articles largely related to this subject has been incorporated.

TITLE I

The rights and duties of minors

CHAPTER I

The child ' s best interests and scope

Article 1. Scope of application.

This Act and its implementing provisions apply to children under the age of 18 who are in Spanish territory, unless under the law applicable to them they have previously attained the age of majority.

Article 2. Best interests of the minor.

1. Every minor has the right to have his or her best interests assessed and considered as paramount in all actions and decisions concerning him or her, both in the public and private spheres. In the application of this Act and other rules affecting it, as well as in measures concerning minors adopted by public or private institutions, courts or legislative bodies, the best interests of such institutions shall prevail over any other legitimate interests that may be involved.

The limitations on the ability of minors to act shall be interpreted in a restrictive manner and, in any case, always in the best interests of the child.

2. For the purposes of interpretation and application in each case of the best interests of the child, the following general criteria shall be taken into account, without prejudice to those laid down in the applicable specific legislation, as well as to those other criteria which may be considered appropriate in the light of the specific circumstances of the case:

(a) Protection of the child ' s right to life, survival and development and satisfaction of his or her basic needs, both material, physical and educational, emotional and emotional.

(b) Consideration of the wishes, feelings and opinions of the child, as well as his or her right to participate progressively, depending on his or her age, maturity, development and personal evolution, in the process of determining his or her best interests.

(c) The desirability of their life and development taking place in an adequate family environment free from violence. Priority will be given to staying in the family of origin and to maintaining their family relations, whenever possible and positive for the child. If a protective measure is agreed, family care shall be prioritized in relation to residential care. Where the child has been separated from his or her family nucleus, the possibilities and convenience of his or her return shall be assessed, taking into account the evolution of the family since the adoption of the protective measure and always giving priority to the interest and needs of the child over those of the family.

(d) The preservation of the identity, culture, religion, beliefs, sexual orientation and identity or language of the child, as well as the non-discrimination thereof by them or any other conditions, including disability, ensuring the harmonious development of his or her personality.

3. These criteria shall be weighted taking into account the following general elements:

(a) The age and maturity of the minor;

(b) The need to ensure their equality and non-discrimination on the grounds of their particular vulnerability, whether due to lack of family environment, ill-treatment, disability, sexual orientation and identity, refugee status, asylum seeker or subsidiary protection, membership of an ethnic minority, or any other relevant characteristics or circumstances.

(c) The irreversible effect of the passage of time on its development.

(d) The need for stability in the solutions adopted to promote the effective integration and development of the child in society, as well as to minimize the risks that any change in material or emotional situation may cause to his or her personality and future development.

(e) Preparing for transit to adulthood and independence, in accordance with their personal abilities and circumstances.

(f) Other weighting elements that, in the specific case, are considered relevant and respect the rights of minors.

The above elements must be assessed jointly, in accordance with the principles of necessity and proportionality, so that the measure taken in the best interests of the child does not restrict or limit more rights than those protected.

4. In the event of any other legitimate interest arising in conjunction with the best interests of the child, priority shall be given to measures which, in response to this interest, also respect the other legitimate interests present.

Where all competing legitimate interests cannot be respected, the best interests of the child shall prevail over any other legitimate interests that may be present.

Decisions and measures taken in the best interests of the child shall in any event assess the fundamental rights of other persons who may be affected.

5. Any decision of any court order and any measure in the best interests of the minor shall be taken in accordance with due process and in particular:

(a) The rights of the child to be informed, heard and heard, and to participate in the process in accordance with the current regulations.

(b) Intervention in the process of qualified professionals or experts. If necessary, these professionals must be adequately trained to identify the specific needs of children with disabilities. Particularly relevant decisions affecting the child will have the collegial report of a technical and multidisciplinary group specializing in the appropriate areas.

(c) The participation of parents, guardians or legal representatives of the minor or of a legal defender in the event of a conflict of interest or discrepancy with them and of the Public Prosecutor ' s Office in the proceedings in defence of their interests. A conflict of interest shall be presumed to exist where the minor's opinion is contrary to the measure taken against him or her or a restriction of his rights.

(d) The adoption of a decision that includes in its statement of reasons the criteria used, the elements applied in weighting the criteria among themselves and with other present and future interests, and the procedural guarantees respected.

(e) The existence of remedies to review the decision taken that has not considered the best interests of the child to be paramount or in the case where the child ' s own development or significant changes in the circumstances that prompted the decision make it necessary to revise it. Minors shall enjoy the right to free legal aid in the cases provided for by law.

CHAPTER II

Rights of the child

Article 3. Reference to International Instruments.

Minors shall enjoy the rights accorded to them the Constitution and the International Treaties to which Spain is a party, especially the United Nations Convention on the Rights of the Child and the Convention on the Rights of Persons with Disabilities, and the other rights guaranteed in the legal system, without any discrimination on the grounds of birth, nationality, race, sex, disability or illness, religion, language, culture, opinion or any other personal, family or social circumstances.

This Act, its implementing rules and other legal provisions relating to minors, shall be interpreted in accordance with the International Treaties to which Spain is a party and, in particular, in accordance with the United Nations Convention on the Rights of the Child and the Convention on the Rights of Persons with Disabilities.

The public authorities shall ensure respect for the rights of minors and shall bring their actions into conformity with this law and the aforementioned international law.

Article 4. Right to honor, privacy and image.

1. Minors have the right to honour, personal and family privacy and image. This right also includes the inviolability of the family home and correspondence, as well as the secrecy of communications.

2. The dissemination of information or the use of images or names of minors in the media that may involve unlawful interference with their privacy, honour or reputation, or that is contrary to their interests, shall determine the intervention of the Public Prosecutor's Office, which shall immediately call for the precautionary and protective measures provided for in the Act and shall seek compensation for the damage caused.

3. The right to honour, personal and family privacy and the child ' s own image are considered unlawful interference with any use of his or her image or name in the media that may impair his or her honour or reputation, or is contrary to his or her interests even if the consent of the child or his or her legal representatives is established.

4. Without prejudice to the actions of which the legal representatives of the minor are entitled, it is in any event the responsibility of the Public Prosecutor to exercise their duties, which may act on their own initiative or at the request of the minor himself or of any interested person, natural, legal or public entity.

5. Parents or guardians and the public authorities shall respect these rights and protect them against possible attacks by third parties.

Article 5. Right to information.

1. Minors have the right to seek, receive and use information appropriate to their development. Particular attention will be paid to digital and media literacy, in a manner adapted to each evolutionary stage, enabling children to act in line with security and responsibility and, in particular, to identify risk situations arising from the use of new information and communication technologies, as well as tools and strategies to address and protect themselves from such risks.

2. Parents or guardians and the public authorities shall ensure that the information received by minors is truthful, plural and respectful of constitutional principles.

3. The public administrations shall encourage the production and dissemination of information and other materials intended for minors, which comply with the criteria set out, while facilitating the access of minors to information services, documentation, libraries and other cultural services, including adequate awareness of the legal provision of leisure and culture on the Internet and of the defence of intellectual property rights.

In particular, they shall ensure that the media in their messages to children promote the values of equality, solidarity, diversity and respect for others, avoid images of violence, exploitation in interpersonal relations, or that reflect degrading or sexist treatment, or discriminatory treatment of persons with disabilities. In the area of self-regulation, the competent authorities and bodies shall promote among the media, the generation and monitoring of compliance with codes of conduct to safeguard the promotion of the values described above, limiting access to images and harmful digital content for minors, as provided for in the approved content self-regulation codes. The accessibility, with precise reasonable accommodation, of such materials and services, including those of a technological nature, for children with disabilities shall be ensured.

The public authorities and providers shall promote the full enjoyment of audiovisual communication for children with disabilities and the use of good practices that avoid any discrimination or negative impact on such persons.

4. In order to ensure that advertising or messages addressed to minors or issued in the programming addressed to them, do not harm them morally or physically, they may be regulated by special rules.

5. Without prejudice to other legitimated persons, it is in any event the responsibility of the Public Prosecutor's Office and the public administrations competent in the field of the protection of minors to carry out actions for the cessation and rectification of unlawful advertising.

Article 6. Ideological freedom.

1. The minor has the right to freedom of ideology, conscience and religion.

2. The exercise of the rights deriving from this freedom has only the limitations prescribed by law and respect for the fundamental rights and freedoms of others.

3. Parents or guardians have the right and the duty to cooperate in order for the child to exercise this freedom in a way that contributes to their comprehensive development.

Article 7. Right of participation, association and assembly.

1. Minors have the right to participate fully in the social, cultural, artistic and recreational life of their environment, as well as to progressive incorporation into active citizenship.

The authorities shall promote the establishment of bodies for the participation of minors and of social organizations for children and adolescents.

The accessibility of environments and the provision of reasonable accommodation for children with disabilities to develop their social, cultural, artistic and recreational life shall be ensured.

2. Minors have the right of association, which in particular includes:

(a) The right to form part of associations and youth organizations of political parties and trade unions, in accordance with the Act and the Statutes.

(b) The right to promote and register children ' s and youth associations in accordance with the Act. Minors may be part of the governing bodies of these associations.

In order for children ' s and young people ' s associations to be legally bound, they must have appointed, in accordance with their Statutes, a legal representative with full capacity.

Where the membership of a minor or his parents in an association prevents or impairs the full development of the child, any interested person, natural or legal person, or public entity may address the Public Prosecutor ' s Office to promote such legal protection measures as it deems necessary.

3. Minors have the right to participate in public gatherings and peaceful demonstrations, convened in accordance with the terms established by law.

Similarly, they also have the right to promote and convene them with the express consent of their parents, guardians or guardians.

Article 8. Right to freedom of expression.

1. Minors enjoy the right to freedom of expression in accordance with the constitutionally stipulated terms. This freedom of expression also has its limits on the protection of privacy and the image of the minor himself as set out in article 4 of this Law.

2. In particular, the right to freedom of expression of minors extends to:

(a) To the publication and dissemination of their views.

(b) The editing and production of the media.

(c) Access to aid which the public authorities establish for that purpose.

3. The exercise of this right may be subject to the restrictions provided for in the Act to ensure respect for the rights of others or the protection of safety, health, morals or public order.

Article 9. Right to be heard and heard.

1. The minor has the right to be heard and heard without discrimination of any kind on the grounds of age, disability or any other circumstance, both in the family, administrative, judicial or mediation proceedings in which he is affected and which leads to a decision affecting his personal, family or social sphere, with due regard for his views, depending on his age and maturity. To this end, the child must receive information that enables him or her to exercise this right in an understandable language, in accessible formats and adapted to his or her circumstances.

In judicial or administrative proceedings, the minor ' s appearances or hearings shall be of a preferential nature and shall be conducted in a manner appropriate to his situation and evolving development, with the assistance, if necessary, of qualified professionals or experts, taking care to preserve his privacy and using language that is understandable to him, in accessible formats adapted to his circumstances, informing him of both what is asked and the consequences of his opinion, with full respect for all the guarantees of the procedure.

2. It shall be ensured that the minor, when sufficiently mature, may exercise this right by himself or through the person he designates to represent him. Maturity must be valued by specialized personnel, taking into account both the evolving development of the child and his/her ability to understand and evaluate the specific issue to be dealt with in each case. In any event, it is considered to be sufficiently mature when he is 12 years of age.

In order to ensure that the minor can exercise this right on his own, he shall be assisted, if necessary, by interpreters. The minor may express his or her opinion orally or through non-verbal forms of communication.

However, where this is not possible or is not in the interest of the child, the opinion of the minor may be heard through his or her legal representatives, provided that they do not have an interest contrary to their interests, or through other persons who, by reason of their profession or relationship of special trust with him or her, may objectively transmit it.

3. Whenever administrative or judicial proceedings are instituted against the appearance or hearing of minors directly or through a person representing them, the decision shall be based on the best interests of the minor and shall be communicated to the Public Prosecutor, the minor and, where appropriate, to his representative, indicating explicitly the remedies available against such a decision. The decisions on the merits shall state, where appropriate, the outcome of the hearing of the minor and its assessment.

CHAPTER III

Duties of the minor

Text added, published on 29/07/2015, in force from 18/08/2015.

Article 9 bis. Duties of minors.

1. Minors, according to their age and maturity, must assume and fulfil the duties, obligations and responsibilities inherent or consequent to the ownership and exercise of the rights they have recognized in all spheres of life, family, school and social.

2. The public authorities shall promote the implementation of actions aimed at promoting the knowledge and fulfilment of the duties and responsibilities of minors on the basis of equality, non-discrimination and universal accessibility.

Text added, published on 29/07/2015, in force from 18/08/2015.

Article 9 ter. Duties relating to the family environment.

1. Minors must participate in family life with respect for their parents, siblings and other family members.

2. Minors should participate and be responsible for the care of the home and for the performance of domestic tasks according to their age, with their level of personal autonomy and capacity, and regardless of their sex.

Text added, published on 29/07/2015, in force from 18/08/2015.

Article 9 quater. Duties relating to the school environment.

1. Minors must comply with the rules of co-existence of educational establishments, study during the compulsory stages of education and have a positive attitude of learning throughout the training process.

2. Minors have to respect teachers and other school employees, as well as their peers, avoiding conflict situations and bullying in any form, including cyberbullying.

3. Through the education system, the knowledge that minors must have of their rights and duties as citizens will be introduced, including among those generated as a result of the use in the teaching environment of Information and Communication Technologies.

Text added, published on 29/07/2015, in force from 18/08/2015.

Article 9d. Duties relating to the social sphere.

1. Minors must respect the persons they relate to and the environment in which they are involved.

2. Social duties include, in particular:

(a) Respect the dignity, integrity and privacy of all persons with whom they relate irrespective of age, nationality, racial or ethnic origin, religion, sex, sexual orientation and identity, disability, physical or social characteristics or membership of certain social groups, or any other personal or social circumstances;

(b) To respect the laws and regulations applicable to them and the fundamental rights and freedoms of others, as well as to take a responsible and constructive attitude in society.

(c) To maintain and make good use of public or private resources and facilities and equipment, urban furniture and any others in which they operate.

(d) To respect and understand the environment and animals and to collaborate in their conservation within a sustainable development.

Text added, published on 29/07/2015, in force from 18/08/2015.

CHAPTER IV

Measures and guiding principles for administrative action

Article 10. Measures to facilitate the exercise of rights.

1. Minors have the right to receive information in an accessible format and adequate assistance for the effective exercise of their rights from, or through, the public authorities and their collaborating entities, as well as to ensure that they are respected.

2. For the defence and guarantee of their rights, the minor may:

(a) To request the protection and guardianship of the competent public entity.

(b) To inform the Public Prosecutor ' s Office of situations which it considers to be prejudicial to its rights in order to ensure that it promotes appropriate action.

(c) To lodge complaints with the Ombudsman or with the regional institutions concerned. To this end, one of the Deputy Ombudsmen will be permanently responsible for matters relating to minors by facilitating access to appropriate mechanisms adapted to their needs and ensuring confidentiality.

(d) Request the social resources available from the public authorities.

(e) To request legal assistance and the appointment of a legal counsel, if any, to initiate the necessary judicial and administrative proceedings aimed at the protection and defence of their rights and interests. In any event, the Public Prosecutor ' s Office may act in defence of the rights of minors.

(f) To submit individual complaints to the Committee on the Rights of the Child, in accordance with the Convention on the Rights of the Child and its implementing regulations.

3. Foreign minors in Spain are entitled to education, health care and basic social services and benefits, under the same conditions as Spanish minors. Public administrations shall ensure that especially vulnerable groups such as unaccompanied foreign minors, those with international protection needs, children with disabilities and those who are victims of sexual abuse, sexual exploitation, child pornography, trafficking or trafficking in human beings, ensure compliance with the rights provided for by law.

The public authorities, in the design and elaboration of public policies, will aim to achieve the full integration of foreign minors into Spanish society, as long as they remain in the territory of the Spanish State, in the terms established in the Organic Law 4/2000 of 11 January 2000on the rights and freedoms of foreigners in Spain and their social integration.

4. When the State Entity assumes the guardianship of a foreign minor who is in Spain, the General Administration of the State shall, if it does not have such protection, provide him, at the earliest opportunity, and together with the presentation of the certificate of guardianship issued by that State Entity, with documentation proving his situation and with the authorization of residence, once the impossibility of return with his family or the country of origin has been established, and in accordance with the provisions in force in the field of aliens and immigration.

5. With regard to minors who are under the supervision or custody of public entities, the recognition of their insured status in relation to health care shall be made ex officio, upon presentation of the certification of their guardianship or custody issued by the public entity, during the period of their duration.

Article 11. Guiding principles for administrative action.

1. Public administrations shall provide children with appropriate assistance for the exercise of their rights, including the support resources they require.

The public administrations, in their own areas, shall articulate comprehensive policies aimed at the development of children and adolescents and, in particular, those relating to the rights enumerated in this law. Minors shall have the right to access such services by themselves or through their parents, guardians, guardians or foster children, who in turn shall have the duty to use them in the interests of minors.

Compensatory policies aimed at redressing social inequalities will be promoted. In any event, the essential content of the rights of the child cannot be affected by a lack of basic social resources. Specialised social services, as required by their disability, shall be guaranteed to children with disabilities and their families.

The public administrations shall take into account the needs of minors in exercising their powers, especially in the areas of control over foodstuffs, consumption, housing, education, health, social services, culture, sport, entertainment, media, transport, leisure, gambling, free spaces and new technologies (ICTs).

The public administrations shall take particular account of the proper regulation and supervision of those spaces, centres and services where they are usually minors, with regard to their physical-environmental, hygienic and sanitary conditions, accessibility and universal design and human resources, as well as their inclusive educational projects, the participation of minors and the other conditions that contribute to ensuring their rights.

2. Guiding principles for the actions of the public authorities in relation to minors shall be:

(a) The supremacy of their best interests.

(b) Maintenance in their family of origin, unless it is not in their interest, in which case family protection measures and stable measures will be ensured, giving priority, in these cases, to family care vis-à-vis the institution.

(c) Their family and social integration.

(d) Prevention and early detection of all situations that may harm their personal development.

(e) Raising public awareness of situations of lack of protection.

(f) The educational nature of all measures taken.

(g) Promoting participation, volunteering and social solidarity.

(h) Objectiveness, impartiality and legal certainty in protective action, ensuring a collegial and interdisciplinary nature in the adoption of measures affecting them.

(i) Protection from all forms of violence, including physical or psychological abuse, humiliating and degrading physical punishment, neglect or negligent treatment, exploitation, through new technologies, sexual abuse, corruption, gender-based violence or violence in the family, health, social or educational spheres, including bullying, as well as trafficking and trafficking in human beings, female genital mutilation and any other form of abuse.

(j) Equal opportunities and non-discrimination on any ground.

(k) Universal accessibility of and reasonable accommodation for children with disabilities, as well as their full and effective inclusion and participation.

(l) The free development of his personality in accordance with his sexual orientation and identity.

(m) Respect for and appreciation of ethnic and cultural diversity.

3. The public authorities shall develop measures to raise awareness, prevent, detect, report, assist and protect all forms of violence against children and adolescents through procedures that ensure coordination and collaboration between the various administrations, collaborating entities and competent services, both public and private, to ensure comprehensive action.

4. Public entities will have programmes and resources for the support and guidance of those who, while in foster care, reach the age of majority and remain outside the protection system, with special attention to those with disabilities.

TITLE II

Actions in situations of social disprotection of minors and institutions for the protection of minors

CHAPTER I

Actions in situations of social exclusion of minors

Article 12. Protective actions.

1. The protection of minors by the public authorities shall be provided by means of prevention, detection and reparation of situations of risk, with the establishment of adequate services and resources for this purpose, the exercise of custody and, in cases of declaration of abandonment, the assumption of guardianship by the Ministry of the Law. In any case, family measures must take precedence over residential measures, measures which are stable over temporary measures and measures which are agreed upon against those imposed.

2. The public authorities shall ensure that parents, guardians, guardians or foster parents adequately carry out their responsibilities and provide them with accessible prevention, counselling and support services in all areas affecting the development of minors.

3. Where minors are under the parental authority, guardianship, guardianship or care of a victim of gender-based or domestic violence, the actions of the public authorities shall be aimed at ensuring the support necessary to ensure the stay of minors, regardless of their age, with that age, as well as their protection, specialized care and recovery.

4. Where the age of majority of a person cannot be established, he or she shall be considered a minor for the purposes of this Act, pending determination of his or her age. To this end, the Prosecutor shall conduct a proportionality trial that adequately considers the reasons why the passport or equivalent identity document submitted, if any, is considered unreliable. The conduct of medical tests to determine the age of minors shall be subject to the principle of speed, shall require the prior informed consent of the person concerned and shall be carried out with respect for his dignity and without risk to his health, which may not be applied indiscriminately. In no case may comprehensive nudes, genital scans or other particularly invasive medical tests be performed.

In addition, once the custody or guardianship measure has been adopted in respect of minors who have arrived in Spain alone, the Public Entities shall inform the Ministry of the Interior of the adoption of this measure for the purpose of registering in the relevant State Registry.

5. Public entities shall guarantee the rights recognized in this law to minors from the moment they first access a protection remedy and provide immediate comprehensive and adequate care for their needs, avoiding the prolongation of temporary measures and stay in first-care facilities.

6. Any non-permanent protection measures for children under three years of age will be reviewed every three months, and for those over that age they will be reviewed every six months. In permanent care, the review shall take place in the first year every six months and, from the second year, every twelve months.

7. In addition, of the various functions assigned by law, the Public Entity shall transmit to the Public Prosecutor's Office a report justifying the situation of a particular minor when he or she has been in residential care or temporary family care for a period of more than two years, and the Public Entity must justify the reasons for which a more stable protective measure has not been adopted during this period,

8. The public authorities shall guarantee the rights and obligations of children with disabilities with regard to their custody, guardianship, custody, adoption or similar institutions, with the utmost regard for the best interests of the child. They shall also ensure that children with disabilities have equal rights with regard to family life. In order to realize these rights and to prevent their concealment, abandonment, neglect or segregation, they shall ensure that general information, services and support are provided in advance to children with disabilities and their families.

Article 13. Obligations of citizens and duty of reservation.

1. Any person or authority, especially those who, by reason of their profession, trade or activity, detect a situation of risk or possible neglect of a minor, shall inform the authority or its closest agents, without prejudice to the provision of the immediate assistance required.

2. Any person or authority who has knowledge that a minor is not in school or does not attend school on a regular basis and without justification, during the compulsory period, shall inform the competent public authorities, which shall take the necessary measures for his or her schooling.

3. The authorities and persons who, by reason of their profession or function, are aware of the case, shall act with the necessary reservations.

The proceedings shall avoid unnecessary interference in the life of the minor.

Article 14. Immediate attention.

The public authorities and services shall have the obligation to provide immediate attention as required by any minor, to act if it falls within his or her sphere of competence, or to transmit in another case to the competent body and to bring the facts to the attention of the legal representatives of the minor or, where necessary, of the Public Entity and the Public Prosecutor ' s Office.

The public entity may assume, in fulfilment of the obligation to provide immediate care, the provisional custody of a minor provided for in the Article 172.4 of the Civil Codewhich shall be communicated to the Public Prosecutor's Office, simultaneously carrying out the necessary measures to identify the minor, investigate his circumstances and verify, where appropriate, the actual situation of neglect.

Article 14 bis. Action in cases of urgency.

1. Where the urgency of the case so requires, without prejudice to the provisional custody referred to in the preceding article and the Article 172.4 of the Civil Codesocial services will act immediately.

2. Emergency care referred to in this article is not subject to procedural or formal requirements and is in any event without prejudice to the duty to provide immediate assistance to minors as required.

Text added, published on 05/06/2021, in force from 25/06/2021.

Article 15. Principle of collaboration.

Any intervention will seek to involve the child and his or her family and not interfere with their school, social or work life.

Article 16. Situation assessment.

Public bodies responsible for the protection of minors shall be obliged to verify the situation reported and to take the necessary measures to resolve it in the light of the outcome of such action.

Article 17. Actions in situations of risk.

1. A situation of risk shall be considered where, due to circumstances, shortcomings or family, social or educational conflicts, the minor is harmed in his personal, family, social or educational development, in his welfare or in his rights, so that, without reaching the entity, intensity or persistence that would justify his declaration of state of help and the assumption of guardianship by ministry of the law, the intervention of the competent public administration is necessary, in order to eliminate, reduce or compensate for the difficulties or maladaptation that affect him and to avoid his helplessness and social exclusion, without having to be separated from his family environment.

2. Risk indicators shall be considered, inter alia:

(a) The lack of physical or mental care of the child or adolescent by parents, or by persons exercising guardianship, guardianship, guardianship or care, which causes minor damage to the physical or emotional health of the child or adolescent when it is considered, by nature or by repetition of the episodes, the possibility of its persistence or the aggravation of its effects;

(b) Neglect in the care of minors and lack of medical follow-up by parents, or by persons exercising guardianship, care or care.

(c) The existence of a brother or sister declared to be at risk or in distress, unless the family circumstances have clearly changed.

(d) The use, by parents or persons exercising guardianship, guardianship or care functions, of habitual and disproportionate punishment and violent correction patterns which, without constituting a severe episode or a chronic pattern of violence, impair their development.

(e) The negative evolution of intervention programmes with the family and the obstruction of its development or implementation.

(f) Discriminatory practices by parental leaders against children and adolescents who have a negative impact on their well-being and mental and physical health, including:

1. Discriminatory attitudes that, on the basis of gender, age or disability, may increase the possibilities of confinement in the home, lack of access to education, limited leisure opportunities, lack of access to art and cultural life, as well as any other circumstance that, on the basis of gender, age or disability, prevents them from enjoying their rights on an equal basis.

2. Non-acceptance of sexual orientation, gender identity or sexual characteristics of the minor.

(g) The risk of ablation, female genital mutilation or any other form of violence in the case of girls and adolescents based on gender, promises or forced marriage agreements.

(h) Identification of mothers as victims of trafficking.

(i) Girls and adolescents who are victims of gender-based violence as set out in Article 1.1 of Organic Law 1/2004 of 28 December 2004measures for comprehensive protection against gender-based violence.

(j) Multiple incomes of minors in different hospitals with recurrent, unexplained and/or undiagnostic symptoms.

(k) The habitual use of toxic drugs or alcoholic beverages by minors.

(l) Exposure of a minor to any situation of domestic or gender-based violence.

(m) Any other circumstances involving violence against minors that, if they persist, may evolve and lead to the neglect of the child or adolescent.

3. Intervention in the risk situation is the responsibility of the competent public administration in accordance with the applicable state and regional legislation, in coordination with schools and social and health services and, where appropriate, with the collaborating entities of the respective territorial or any other area.

4. The assessment of the risk situation will involve the development and implementation of a project for social and educational family intervention that should reflect the objectives, actions, resources and time limits, promoting the child's protection factors and keeping the child in his or her family environment. The participation of parents, guardians, guardians or foster parents in the development of the project will be sought. In any event, the views of the parties in the attempt to reach consensus on the draft will be heard and taken into account and will be communicated to them in an understandable and accessible format. It shall also communicate and consult with the minor if he or she is sufficiently mature and, in any event, from the age of twelve.

5. Parents, guardians, guardians or foster parents, within their respective functions, shall actively collaborate, according to their capacity, in the implementation of the measures indicated in the above-mentioned project. Failure to cooperate shall result in a declaration of the child's risk situation.

6. The risk situation shall be declared by the competent public administration in accordance with the provisions of the applicable state and regional legislation by a reasoned administrative decision, after hearing the parents, guardians, guardians or foster parents and the minor if he is sufficiently mature and, in any event, from the age of twelve. The administrative decision shall include measures to remedy the child's risk situation, including those relating to the duties of parents, guardians, guardians or foster parents. In the event of an administrative decision declaring the child's risk situation, an appeal may be lodged in accordance with the Civil Procedure Act.

7. Where the competent public administration is undertaking an intervention in the event of a risk to a minor and is informed that he or she is to be transferred to another territorial entity, the original public administration shall notify the official of the destination to the effect that, if appropriate, the latter will continue the intervention being carried out, with the necessary information and documentation. If the public service of origin is unaware of the duty station, it may request the assistance of the Security Forces and Corps in order for them to proceed with their investigation. Once the location of the minor is known, the competent public entity in that territory will be informed and the intervention will continue.

8. In cases where the public administration competent to assess and intervene in the situation of risk considers that there is a situation of lack of protection that may require the separation of the minor from his family or when, after the period provided for in the draft intervention or agreement, no change has been achieved in the performance of the duties of care that ensure that the minor has the necessary moral or material assistance, it shall inform the public body in order to assess the provenance of declaring the situation of neglect, informing the Public Prosecutor.

Where the Public Entity considers that it is not appropriate to declare the situation of abandonment, despite the proposal to that effect made by the competent public administration to assess the situation of risk, it shall inform the public administration that has intervened in the situation of risk and the Public Prosecutor. The latter shall monitor the situation of the child, and may seek the cooperation of schools and social, health or other services.

9. The public administration competent to intervene in the risk situation shall, in collaboration with the relevant health services, take appropriate measures to prevent, intervene and monitor situations of possible prenatal risk, with a view to avoiding any subsequent declaration of a risk or abandonment of the newborn. For this purpose, prenatal risk is defined as the lack of physical care of pregnant women or the abuse of substances with addictive potential, as well as any other action of the woman or of third parties tolerated by her, which harms normal development or may cause physical, mental or sensory diseases or anomalies to the newborn. Health services and health personnel shall notify the competent public administration and the Public Prosecutor ' s Office of this situation. After birth, the intervention with the minor and his family unit shall be maintained so that, if necessary, the child ' s situation of risk or neglect may be declared for adequate protection.

10. The refusal of parents, guardians, guardians or foster parents to consent to medical treatment necessary to safeguard the life or physical or mental integrity of a minor constitutes a risk situation. In such cases, the health authorities shall immediately inform the judicial authority, directly or through the Public Prosecutor ' s Office, of such situations for the purpose of making the relevant decision in order to safeguard the best interests of the child.

Article 17 bis. Persons under fourteen in conflict with the law.

The persons referred to in Article 3 of Organic Law 5/2000 of 12 January 2000the criminal responsibility of minors shall be included in a monitoring plan that assesses their social and family situation designed and carried out by the competent social services of each autonomous community.

If the violent act could constitute a crime against sexual freedom or compensation or gender-based violence, the follow-up plan should include a training module on gender equality.

Text added, published on 05/06/2021, in force from 25/06/2021.

Article 18. Actions in a helpless situation.

1. Where the public body finds that the minor is in a situation of neglect, it shall act in the manner provided for in article 172 et seq. of the Convention. Civil Codeassuming the guardianship of the latter by the Ministry of the Law, adopting appropriate protection measures and bringing it to the attention of the Public Prosecutor's Office and, where appropriate, the judge who agreed to the ordinary guardianship.

2. In accordance with Article 172 et seq. of the Civil CodeThe situation of neglect shall be considered to be that which in fact occurs because of non-compliance, or because of the impossible or inadequate exercise of the duties of protection established by the laws for the care of minors, when they are deprived of the necessary moral or material assistance.

The poverty situation of parents, guardians or guardians cannot be taken into account in assessing the situation of homelessness. Similarly, in no case shall a minor be separated from his or her parents on the basis of a disability of the minor, both parents or one of them.

An indicator of helplessness shall be considered, inter alia, to have a brother declared in such a situation, unless the family circumstances have clearly changed.

In particular, a situation of helplessness shall be deemed to exist where one or more of the following circumstances is given sufficiently serious consideration which, assessed and weighted in accordance with the principles of necessity and proportionality, pose a threat to the physical or mental integrity of the child:

(a) Abandonment of the child, either because the persons to whom the exercise of custody by law is due are missing or because they do not want or cannot exercise it.

(b) The length of the period of voluntary custody, either when the legal guardians are in a position to take over the custody of the child and do not wish to assume it, or when they are not in a position to do so, except in exceptional cases in which the voluntary custody may be extended beyond the two-year period.

(c) The risk to the life, health and physical integrity of the child. In particular, where serious physical abuse, sexual abuse or gross negligence occurs in the fulfilment of maintenance and health obligations by persons in the family unit or by third parties with the consent of those persons; also where the child is identified as a victim of trafficking in human beings and there is a conflict of interest with parents, guardians and guardians; or where there is repeated use of substances with addictive potential or the execution of other types of addictive behaviour repeatedly by the child with the knowledge, consent or tolerance of parents, guardians or guardians. It is understood that such consent or tolerance exists when the necessary efforts have not been made to mitigate such conduct, such as the request for advice or the failure to cooperate sufficiently with the treatment, once known. It is also understood that there is a lack of care when serious harm is caused to the newborn by prenatal abuse.

(d) The risk to the minor ' s mental health, moral integrity and personality development due to continued psychological abuse or the lack of severe and chronic attention to his or her emotional or educational needs by parents, guardians or guardians. When this lack of attention is conditioned by a serious mental disorder, by a regular consumption of substances with addictive potential or by other habitual addictive behaviors, the absence of treatment by parents, guardians or guardians or the lack of sufficient collaboration during treatment will be assessed as an indicator of helplessness.

(e) Failure to comply with, or the impossible or inadequate exercise of, the duties of care as a result of the serious deterioration of the family environment or living conditions, where they result in circumstances or behaviour that adversely affect the child ' s development or mental health.

(f) Inducing begging, delinquency or prostitution, or any other exploitation of the child of a similar nature or gravity.

(g) The absence of schooling or repeated and inadequately justified attendance at the educational establishment and the continued permissiveness or induction to truancy during the stages of compulsory schooling.

(h) Any other situation seriously prejudicial to the minor resulting from non-compliance or from the impossible or inadequate exercise of parental authority, guardianship or guardianship, the consequences of which cannot be avoided while he remains in his cohabitation environment.

3. Each public entity shall designate the body which shall exercise guardianship in accordance with its functional organizational structures.

4. In the event of the permanent transfer of residence of a minor subject to a protective measure from the Autonomous Community which adopted it to another, it is for the latter to take such measure or to take such measure as may be necessary within a maximum period of three months after the latter is informed by the first of such transfer. Notwithstanding the above, where the family of origin of the minor remains in the Autonomous Community of origin and a short or medium-term family reintegration is expected, the measure adopted shall be maintained and the public entity of the place of residence of the minor shall assist in monitoring the development of the child. Nor will it be necessary to adopt new protective measures in cases of temporary transfer of a minor to a residential centre located in another Autonomous Community or when a foster care with a family resident in the Autonomous Community is established, with the agreement of both Autonomous Communities.

5. In cases where a situation of possible lack of protection of a child of Spanish nationality outside the national territory is detected, the Public Entity corresponding to the Autonomous Community in which the parents or guardians of the child reside shall be competent for their protection in Spain. Failure to do so shall be the competence of the Public Entity corresponding to the Autonomous Community with which the minor or his or her family members have greater ties. Where, on the basis of these criteria, competence cannot be determined, the Public Entity of the Autonomous Community shall be competent where the minor or his family members have had their last habitual residence.

In any event, where the minor outside Spain has been the subject of a measure of protection prior to his/her displacement, the Public Entity that bears his/her custody or guardianship shall be competent.

Possible conflicts of competition that may arise must be resolved in accordance with the principles of speed and the best interests of the child, avoiding delays in decision-making that could cause harm to the child.

The General State Administration shall be responsible for the transfer of the minor to Spain. The appropriate Autonomous Community shall assume jurisdiction from the moment the minor is in Spain.

6. In cases where protection measures taken in a foreign State must be complied with in Spain, the first step will be to take account of the provisions of the Convention. Council Regulation (EC) No 2201/2003 of 27 November 2003on jurisdiction, recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility, repealing the Regulation (EC) No 1347/2000, or European rule to replace it. In cases not covered by European law, the international treaties and conventions in force for Spain, and in particular the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children, done at The Hague on 19 October 1996, or the Convention replacing it, shall be applied. In the absence of any international legislation, Spanish domestic production standards on the effectiveness of child protection measures in Spain will be complied with.

Article 19. Minors' guard.

1. In addition to the guardianship of minors who are in a situation of neglect, the Public Entity must assume custody as provided for in the Article 172 bis of the Civil Codewhere the parents or guardians are unable to care for a minor for serious and temporary circumstances or where the judge so agrees in cases where it is legally appropriate.

2. Voluntary care shall last for a maximum period of two years unless, exceptionally, the best interests of the minor advise the extension of the measure for foreseeable family reintegration within a short period of time.

In such cases, voluntary care will require the family to undertake, where appropriate, professional intervention.

Article 19 bis. Provisions common to guardianship and guardianship.

1. When the State Entity assumes the guardianship or guardianship of the child, it shall draw up an individualized protection plan which shall set out the objectives, the provision and the time frame for the intervention measures to be taken with his or her family of origin, including, where appropriate, the family reintegration programme.

In the case of a child with a disability, the Public Entity shall ensure the continuity of the support received or the adoption of other support that is more appropriate to his or her needs.

2. When the forecast results in the possibility of returning to the family of origin, the Public Entity will implement the family reintegration programme, without prejudice to the provisions of the regulations on unaccompanied foreign minors.

3. In order to agree on the return of the abandoned child to his or her family of origin, it will be essential that a positive development of the family has been established, objectively sufficient to restore the family coexistence, that the links have been maintained, that the purpose of carrying out the parental responsibilities is to be fulfilled properly and that it is established that the return with the child does not pose any relevant risks to the child through the corresponding technical report. In cases of family placement, consideration should be given, in the decision-making on return, to the length of time spent and the integration into the foster family and its environment, as well as to the development of affective links with it.

4. When family reunification takes place, the Public Entity will follow up on subsequent support to the child ' s family.

5. In the case of unaccompanied foreign minors, the search for their families and the restoration of family life shall be pursued by initiating the appropriate procedure, provided that such action is deemed to be in their best interests and does not place the child or his or her family in a situation that would endanger their safety.

6. Minors and young women subject to protective measures who are pregnant shall receive counselling and support appropriate to their situation. The individual protection plan shall provide for this as well as for the protection of the newborn.

Text added, published on 29/07/2015, in force from 18/08/2015.

Article 20. Family care.

1. Where it is not possible to stay in the family environment of origin, family care, in accordance with its purpose and irrespective of the procedure in which it is agreed, shall take the forms laid down in the Civil Code and, by reason of the child ' s connection with the foster family, may take place, in the best interests of the child, in the extended family of the child or in the family of others.

Family care may be specialized, on the basis of that which is developed in a family in which one or some of the persons in the family unit has specific qualifications, experience or training to perform this function in respect of children with special needs or circumstances, and may therefore receive compensation.

Specialized care may be provided on a full-time basis where this is determined by the Public Entity on the basis of the special needs and circumstances of the child in a situation of being taken in, in which case the person or persons designated as welcoming shall receive compensation in response to that dedication.

2. Family care shall be formalized by the decision of the public body which has guardianship or guardianship, subject to assessment of the adequacy of the family for foster care. This assessment shall take into account their family situation and educational ability, their ability to adequately meet the needs of all types of children or minors concerned, the consistency between their motivation and the nature and purpose of care according to their modality, as well as their willingness to facilitate the fulfilment of the objectives of the individual care plan and, if any, of the family reintegration programme, thus fostering the relationship of the child with his or her family of origin. The regime of visits may take place at the authorized family meeting points, when it is advised by the best interests of the child and the right to privacy of the families of origin and welcoming. Where the type of placement so advises, the age of the foster children shall be assessed to be appropriate to that of the foster children and the prior relationship between them, giving priority, unless the interests of the minor otherwise advise, to persons who, belonging to their extended family, meet appropriate conditions for placement.

3. To the decision to formalise the family care referred to in the previous paragraph, agreed in accordance with the terms laid down in the Civil Codean annexed document shall be accompanied by the following:

(a) The identity of the welcoming or welcoming and the welcome person.

(b) The necessary consents and hearings.

(c) The form of placement, which is intended for the duration of the placement, as well as the nature of placement in a extended family or in another person ' s family because of the child ' s association with the family or foster person.

(d) The rights and duties of each party, and in particular:

1. The regime of visits, stay, relationship or communication, in cases of declaration of abandonment, by the family of origin, which may be modified by the Public Entity in the best interests of the child.

2. The system of coverage by the Public Entity of damages suffered by the minor or of those that may cause to third parties.

3. The assumption by the welcoming of the expenses of maintenance, education and social and health care.

(e) The content of the follow-up to be carried out by the public body, depending on the purpose of the care, and the commitment of the welcoming family to cooperate with such follow-up.

(f) In the case of children with disabilities, the necessary support resources.

(g) The financial compensation, technical support and other types of assistance which the homeowners may receive.

(h) The period within which the measure is to be reviewed.

The decision and the annexed document shall be transmitted to the Public Prosecutor within a maximum period of one month.

Take into account, on the social security of persons referred to in paragraph 1, additional provision 9 of the said Law.

Article 20 bis. Rights and duties of family friendly persons.

1. Family friendly persons shall have the right to:

(a) To receive information about the nature and effects of the placement, as well as prior preparation, follow-up and specialized technical support during and at the end of the placement. In the case of children with disabilities, foster children shall have the right to guidance, support and support adapted to the child ' s disability.

(b) To be heard by the Public Entity before it adopts any decision affecting the child, especially before temporarily changing or suspending the regime of visits or of relationship or communication with the family of origin.

(c) To be informed of the individual protection plan as well as of the protective measures related to the placement of the child in care, of periodic reviews and to obtain information from the child protection file necessary for the performance of their duties, except for matters relating to the right to privacy of third parties and the protection of personal data.

(d) To be a party to all proceedings in opposition to measures of protection and to the declaration of a situation of helplessness of the child and to all opposition proceedings relating to the measure of permanent family care with guardianship functions that it has formalized.

(e) Cooperate with the Public Entity in the action and follow-up plans established for placement.

(f) To have the identification, health and educational documentation of the child they receive.

(g) Exercise all the rights inherent in custody.

(h) To be respected by the foster child.

(i) To seek the assistance of the Public Entity in the exercise of its functions.

(j) Travel with the minor provided that the public entity is informed and there is no opposition from the latter.

(k) To receive financial compensation and other assistance, if any.

(l) Provide the child with the same conditions as biological or adopted children, in order to make use of family rights or obligations for the time the child lives with them.

(m) To relate to the minor upon cessation of care, if the public entity understands that it is in its best interests and is consented to by the family of origin or, where appropriate, by the foster family or permanent foster family, and if the minor is sufficiently mature and, in any case, if he is over twelve years of age;

(n) Your personal data regarding the family of origin shall be protected in accordance with the legislation in force.

(ñ) Formally make complaints or suggestions to the Public Entity that must be processed within 30 days and, if requested, be heard prior to that time.

(o) The foster family shall have the same rights as the Administration recognizes to other family units.

2. The family friendly will have the following duties:

(a) To ensure the well-being and best interests of the child, to keep him or her in his or her company, to feed him or her, to educate him or her and to provide him or her with comprehensive training in an emotional environment. In the case of a child with disabilities, he/she should continue to provide any specialized support he/she has received or to adopt other support that is more appropriate to his/her needs.

(b) To hear the child always before making decisions affecting him or her, if he or she is sufficiently mature and, in any case, if he or she is over 12 years of age, without exclusion from the system of disability, and to transmit to the Public Entity any requests which the latter may make within his or her maturity.

(c) Ensure the child ' s full participation in family life.

(d) To inform the Public Entity of any relevant facts relating to the minor.

(e) To respect and facilitate relations with the family of origin of the child, as far as the possibilities of foster families are concerned, within the framework of the system of visits established in favour of the child and family reintegration, where appropriate.

(f) Actively collaborate with public entities in the development of individualized intervention with the minor and follow-up of the measure, observing the indications and guidelines of the measure.

(g) Respect the confidentiality of data relating to the minor ' s personal and family background.

(h) To inform the Public Entity of any changes in the family situation relating to the data and circumstances that were taken into consideration as a basis for placement.

(i) To ensure the right to privacy and identity of children in care and respect for their own image, as well as to ensure the fulfilment of their fundamental rights.

(j) To participate in any proposed training actions.

(k) To assist in the transit of the child ' s protection measure to reintegration into the environment of origin, adoption or other form of care, or to the environment established following the adoption of a more stable protection measure.

(l) The foster family shall have the same obligations with respect to the foster child as those established by law for the holders of parental authority.

Text added, published on 29/07/2015, in force from 18/08/2015.

Article 20 ter. Processing of applications for cross-border care of minors in Spain sent by a Member State of the European Union or a State party to the 1996 Hague Convention.

1. The Ministry of Justice, acting as the Spanish Central Authority, shall be the competent authority to receive applications for cross-border care of minors from a Member State of the European Union or a State party to the 1996 Hague Convention. Such requests shall be sent by the Central Authority of the requesting State in order to obtain the necessary authorization from the competent Spanish authorities before the placement can take place.

2. Applications for foster care shall be made in writing and accompanied by documents required by the Spanish Central Authority to assess the suitability of the measure for the benefit of the minor and the suitability of the establishment or family to carry out such placement. In any event, in addition to the requirement required by applicable international law, a report should be provided on the child or adolescent, the reasons for his or her proposal for placement, the form of placement, the duration of care and how the measure is planned to be followed up.

3. Once the request for cross-border care has been received, the Spanish Central Authority shall verify that the application meets the content and requirements as set out in the preceding paragraph and shall forward it to the competent regional administration for approval.

4. The competent regional authority shall, after evaluating the application, forward its decision to the Spanish Central Authority which shall forward it to the Central Authority of the requesting State. Only in the event of being favourable shall the competent authorities of that State issue a decision ordering placement in Spain, notify all interested parties and request their recognition and enforcement in Spain directly before the territorially competent Spanish court or tribunal.

5. The maximum time limit for processing and responding to the request shall be three months.

6. Applications for foster care and their accompanying documents must be accompanied by a translation legalized in Spanish.

Text added, published on 05/06/2021, in force from 25/06/2021.

Article 20c. Reasons for refusing applications for cross-border care of minors in Spain.

1. The Spanish Central Authority shall reject applications for cross-border care where:

(a) The object or purpose of the application does not guarantee the best interests of the minor, for which particular consideration will be given to the existence of links with Spain.

(b) The application does not meet the requirements for its processing. In this case, it shall be returned to the requesting Central Authority, indicating the specific reasons for the refund, so that it may remedy them.

(c) The removal of a minor is requested in criminal proceedings or punishment proceedings or has been convicted or punished for any criminal or administrative offence.

(d) The fundamental right of a minor to be heard and heard, as well as to maintain contact with his parents or legal representatives, has not been respected, unless this is contrary to his or her best interests.

Text added, published on 05/06/2021, in force from 25/06/2021.

Article 20d. The procedure for the transmission of applications for cross-border care of minors from Spain to another Member State of the European Union or to a State party to the 1996 Hague Convention.

1. Requests for cross-border care requested by the competent authorities for the protection of minors shall be sent in writing to the Spanish Central Authority, which shall transmit them to the competent authorities of the requested Member State for processing.

2. The processing and approval of such applications shall be governed by the national law of the requested Member State.

3. The Spanish Central Authority shall forward the decision on the placement requested to the applicant Authority.

4. Requests for placement and accompanying documents addressed to a foreign authority shall be accompanied by a translation into or accepted by an official language of the requested State.

Text added, published on 05/06/2021, in force from 25/06/2021.

Article 21. Residential care.

1. In relation to children in residential care, the public entities and the services and centres where they are located shall act in accordance with the guiding principles of this law, with full respect for the rights of the children in care, and shall have the following basic obligations:

(a) Ensure that the needs of daily life are met and that the rights of minors are guaranteed by adapting their general project to the personal characteristics of each child, through an individual socio-educational project that pursues the child ' s well-being, physical, psychological, social and educational development within the framework of the individualized protection plan defined by the Public Entity.

(b) They shall have the individual protection plan for each child which clearly establishes the purpose of the entry, the objectives to be achieved and the time frame for its achievement, which shall provide for the preparation of the child, both upon arrival and departure from the centre.

(c) Take all their decisions regarding residential care of minors in the interests of minors.

(d) Promote cohabitation and relations between brothers and sisters whenever this is in the interest of minors and they shall ensure the residential stability of minors, as well as that foster care takes place preferably in a centre located in the province of origin of the child.

(e) Promote family relations and collaboration, and to that end, the necessary resources shall be programmed to enable the return of the child to his or her family of origin, if this is considered to be the child ' s interest.

(f) Promote comprehensive and inclusive education for children, with particular regard to the needs of children with disabilities, and ensure their preparation for full life, in particular their schooling and training.

In the case of children aged between 16 and 18, preparation for independent life, guidance and integration into the labour market will be a priority.

(g) They shall have internal rules of operation and coexistence that meet educational and protection needs and shall have a complaints and complaints procedure in place.

(h) Administer medicines, if necessary, which are required by minors under prescription and medical supervision, in accordance with professional health practice. For this purpose, a record shall be kept with the medical history of each minor.

(i) Periodically review the individual protection plan in order to assess the adequacy of the residential remedy to the personal circumstances of the child.

(j) Promote the departure of minors on weekends and holidays with their families of origin or, where this is not possible or appropriate, with alternative families.

(k) Promote the standardized integration of minors into leisure, cultural and educational services and activities in the community environment in which they are located.

(l) Establish the necessary coordination mechanisms with specialized social services for the monitoring and adjustment of protection measures.

(m) Ensure preparation for independent life, promoting participation in decisions affecting it, including the centre ' s own management, autonomy and progressive assumption of responsibilities.

(n) Establish educational and supervisory measures to ensure the protection of the child's personal data by accessing information and communication technologies and social networks.

2. All residential care centres providing services to minors in the area of protection must always be administratively authorized by the State Agency, and the provisions of the Act must be respected. Law 20/2013 of 9 December 2013, of guarantee of the market unit. In addition, quality and accessibility standards must exist for each type of service.

The Public Entity shall regulate the operation of residential care centres and shall register the institutions in accordance with its provisions, paying particular attention to safety, health, accessibility for persons with disabilities, number, ratio and professional qualification of their staff, educational project, participation of minors in their internal functioning and other conditions that contribute to ensuring their rights.

In addition, the Public Entity will promote residential care models with reduced centres of children living together in conditions similar to family members.

3. In order to promote the development of the child ' s life in a family environment, the measure of foster care shall prevail over residential care for any child, especially for children under six years of age. Residential care for children under three years of age shall not be agreed except in cases where it is not possible, duly established, to take the family care measure at that time or where this measure is not in the best interests of the child. This limitation on residential care will also apply to children under six years of age as soon as possible. In any case, and generally speaking, the residential care of these children shall not exceed three months.

4. In order to ensure the protection of the rights of minors, the Public Entity shall carry out the inspection and supervision of centres and services every six months, provided that the circumstances so require.

5. The Public Prosecutor ' s Office should also monitor residential care decisions taken, as well as the inspection of all residential care services and centres, analysing, inter alia, individualized educational projects, the Centre ' s educational project and the Rules of Procedure.

6. The competent public administration may take appropriate measures to ensure the coexistence of the centre, acting on behaviours involving educational measures, which may not, in any case, undermine the dignity of minors. In serious cases of disturbance of living together, exits from the reception centre may be limited. These measures must be exercised immediately and proportionately to the conduct of minors, taking into account their personal circumstances, attitude and results derived from their behaviour.

7. Measures imposed by conduct or attitudes that are detrimental to living together in residential settings shall be immediately reported to the parents, guardians or legal representatives of the minor and to the Public Prosecutor ' s Office.

Article 21 bis. Rights of children in care.

1. The child in care, regardless of the type of care he or she is in, shall be entitled to:

(a) To be heard in accordance with article 9 and, where appropriate, to be a party to the process of opposition to measures of protection and declaration in a situation of neglect in accordance with the applicable regulations, and in accordance with their age and maturity. To this end, he has the right to be informed and notified of all decisions on the formalisation and cessation of placement.

(b) To be recognized as a beneficiary of the right to free legal aid when in a situation of neglect.

(c) To address the public entity directly and to be informed of any transcendent facts relating to placement.

(d) To interact with their family of origin within the framework of the system of visits, relationship and communication established by the Public Entity.

(e) Progressively to know their socio-family reality and their circumstances in order to facilitate their assumption.

(f) To receive in sufficient advance such information, services and general support as may be necessary to give effect to the rights of children with disabilities.

(g) To bring to the attention of the Public Prosecutor any complaints or complaints he considers concerning the circumstances of his placement.

(h) To receive educational and psychotherapeutic support from the Public Entity in order to overcome psychosocial disorders of origin; this measure is applicable both in residential care and in family care.

(i) To receive the necessary educational and psychotherapeutic support.

(j) Access their records and know the data on their origins and biological relatives, once they reach the age of majority.

2. In the case of family care, it also has the following rights:

(a) To participate fully in the family life of the welcoming person.

(b) To maintain a relationship with the foster family after the cessation of foster care if the public entity considers that it is in its best interests and provided that the child consents to it if he or she is sufficiently mature and, in any case, if he or she is over twelve years of age, the foster family and the foster family or, where appropriate, the foster family or permanent foster family.

(c) To request information or, if it is sufficiently mature, to request the cessation of family care.

3. In the case of residential care, you also have the following rights:

(a) Respect for privacy and the preservation of personal belongings provided that they are not inappropriate for the educational context.

(b) To participate in the development of the programme of activities of the Centre and in the development thereof.

(c) To be heard in case of a complaint and to be informed of all available systems of care and complaint, including the right to a hearing in the Public Entity.

Text added, published on 29/07/2015, in force from 18/08/2015.

Article 21 ter. Measures to ensure coexistence and safety in child and adolescent protection centres.

1. Measures taken to ensure cohabitation and safety in child and adolescent protection centres will include preventive and de-scaling measures, which may also be adopted exceptionally and as a last resort, measures for the physical containment of the child.

Mechanical restraint is prohibited, consisting of the attachment of a minor person to an articulated bed or fixed object or anchored to the premises or movable objects.

2. Any measure applied in a child and adolescent protection centre to ensure coexistence and security shall be governed by the principles of legality, necessity, individualization, proportionality, suitability, graduation, transparency and good governance.

The enforcement of containment measures shall also be governed by the guiding principles of exceptionality, minimum possible intensity and strictly necessary time, and shall be carried out with respect for the dignity, privacy and rights of the minor.

3. De-escalation and containment measures should be implemented by specialized personnel with training in the rights of children and adolescents, as well as conflict resolution and personal restraint techniques.

4. The descaling measures shall consist of all verbal techniques of emotional management leading to the reduction of the tension or hostility of the minor who is in a state of alteration and/or agitation with imminent and serious danger to his life and integrity or to that of other persons.

5. Measures of physical restraint may consist of the interposition between the minor and the person or object in danger, the physical restriction of spaces or movements and, ultimately, under a strict protocol, the physical immobilization of the minor by specialized staff of the centre.

As an exceptional measure and only applicable in centres for the protection of minors with behavioural disorders, the measure of physical restraint may consist in the attachment of the child's wrists with approved equipment, which shall be applied with the guarantees provided for in article 28 of this law.

6. The measures of restraint applied in the centres for the protection of children and adolescents must be communicated immediately to the Public Entity and the Public Prosecutor ' s Office. They shall also be recorded in the Register of Incidents, which shall be supervised by the management of the centre and in the individualised file of the minor, which shall be kept up to date.

The application of containment measures will require, in all cases where the use of force is used, the physical examination of the minor by medical practitioner within 48 hours, with the corresponding medical part being extended.

7. Containment measures may not be applied to persons under the age of fourteen, to pregnant minors, to minors up to six months after the termination of pregnancy, to nursing mothers, to persons with children with them, or to those who are convalescing because of serious illness, unless the actions of such children may result in imminent and serious danger to their life and integrity or to that of other persons.

It is the responsibility of the Director of the Centre or person to whom he or she has delegated, to take decisions on the physical restraint measures consisting of the restriction of spaces and movements or the immobilization of the minor, which must be motivated and notified immediately to the Public Entity and the Public Prosecutor ' s Office.

Text added, published on 05/06/2021, in force from 25/06/2021.

Article 22. Inform family members.

A public entity that has children under its care or guardianship shall inform the parents, guardians or guardians of the situation of those children where there is no judicial decision prohibiting it.

Article 22 bis. Independent life skills programmes.

Public entities will offer independent life skills programmes for young people who are under a protective measure, particularly in residential care or in a situation of special vulnerability, from two years before their age of majority, once they have attained this age, whenever they need it, with a commitment to active participation and exploitation by them. The programmes should promote socio-educational follow-up, accommodation, social and labour integration, psychological support and financial support.

Text added, published on 29/07/2015, in force from 18/08/2015.

Article 22 ter. Information system on child and adolescent protection.

The Autonomous Communities and the General Administration of the State shall establish a system of shared information that allows for uniform knowledge of the situation of the protection of children and adolescents in Spain, and of offers for care and adoption, with data disaggregated by gender and disability, both for the purpose of monitoring specific measures for the protection of minors and for statistical purposes. To this end, the Unified Register of Child Abuse will be developed.

Text added, published on 29/07/2015, in force from 18/08/2015.

Article 22 quater. Processing of personal data.

1. In order to fulfil the purposes provided for in Chapter I of Title II of this Act, the competent public authorities may, without the consent of the person concerned, collect and process the data necessary to assess the situation of the child, including those relating to the child and those related to his or her family or social environment.

Professionals, public and private entities and, in general, any person shall provide the public administrations with reports and background information on minors, their parents, guardians, guardians or foster children, which are required for this purpose, without specifying the consent of the person concerned.

2. The entities referred to in Article 13 may treat without the consent of the data subject information which is essential for the fulfilment of the obligations set out in that provision for the sole purpose of making such data known to the competent public administrations or the Public Prosecutor's Office.

3. The data collected by the Public Administrations may be used solely and exclusively for the adoption of the protective measures provided for in this Law, taking into account in any case the guarantee of the best interests of the child and may be communicated only to the Public Administrations that are required to adopt the relevant decisions, the Public Prosecutor's Office and the judicial bodies.

4. The data may also be transferred without the consent of the person concerned to the Public Prosecutor's Office, which shall treat them for the purpose of carrying out the functions set out in this law and in the regulations applicable to them.

5. In any event, the processing of the above data shall be subject to the provisions of the Organic Law 15/1999 of 13 December 1999, of Personal Data Protection and its provisions for development, the implementation of the high-level security measures provided for in those regulations is required.

Text added, published on 29/07/2015, in force from 18/08/2015.

Article 22d. Impact of standards on children and adolescents.

The reports of the policy impact analysis that should accompany the draft laws and draft regulations will include the impact of the regulations on children and adolescents.

Text added, published on 29/07/2015, in force from 18/08/2015.

CHAPTER II

Guardianship

Article 23. Guardianship indexes.

For the exercise of the oversight function assigned to the Public Prosecutor's Office in the Civil Code In respect of the guardianship assumed by the Public Entity by the Ministry of the Law, an Index of Guardianship of Minors shall be maintained in each Prosecutor ' s Office.

CHAPTER III

Adoption

Article 24. Adoption of minors.

National and international adoption shall be in accordance with applicable civil law.

CHAPTER IV

Specific protection centres for minors with behavioural problems

Added text, published on 23/07/2015, in force from 12/08/2015.

Article 25. Residential care in specific protection centres for minors with behavioural problems.

1. The provisions of this chapter shall be subject to income, actions and interventions in specific protection centres for minors with behavioural problems dependent on public entities or private entities collaborating with them, in which the use of security measures and restrictions on fundamental freedoms or rights are envisaged.

These centres, subject to international standards and quality control, are intended for the residential care of minors who are in the care or guardianship of the public entity, diagnosed with behavioural problems, who present recurrent disruptive or di-social behaviours, transgressing social norms and the rights of third parties, when it is also justified by their protection needs and determined by a specialized psychosocial assessment.

2. Residential care in these centres shall be provided only when intervention is not possible through other protective measures, and shall aim to provide the child with an adequate framework for his education, the normalization of his/her conduct, his/her family reintegration where possible, and the free and harmonious development of his/her personality, in a structured context and with specific programmes within the framework of an educational project. Thus, the admission of the minor to these centres and the security measures applied therein shall be used as a last resort and shall always be educational in nature.

3. In the case of voluntary care provided for in Article 19, the family must be committed to professional intervention.

4. These centres shall have an adequate ratio between the number of minors and the staff assigned to their care to ensure individualized treatment for each child.

5. In the case of children with disabilities, specialized support will continue to be provided, or more appropriate support will be adopted, including in any case accessibility measures in the entry centres and in the proceedings.

Article 26. Admission to specific protection centres for minors with behavioural problems.

1. The Public Entity that has the guardianship or care of a minor, and the Public Prosecutor's Office, shall be entitled to apply for judicial authorization for the admission of the minor to specific centres for the protection of minors with behavioural problems. This application for admission will be motivated and based on psychosocial reports previously issued by personnel specializing in the protection of minors.

2. Minors with mental illnesses or disorders requiring specific treatment by the competent mental health services or care for persons with disabilities may not be admitted to these centres.

3. In order for a minor to be admitted to these centres, the Public Entity or the Public Prosecutor ' s Office must obtain prior judicial authorization, in any event guaranteeing the child ' s right to be heard in accordance with article 9. Such authorization shall be granted after the procedure laid down in the Article 778 bis of Law 1/2000 of 7 JanuaryThe Court of First Instance shall rule on the possibility of applying security measures to them and temporarily limiting the arrangements for visits, communications and departures.

However, if urgent reasons, duly substantiated, make it necessary to adopt the entry immediately, the Public Entity or the Public Prosecutor ' s Office may agree to it prior to the judicial authorization, and must inform the competent court as soon as possible and, in any event, within twenty-four hours, in order to have it ratified, for which purpose it must provide the information at its disposal and supporting the immediate entry. The court shall decide within 72 hours of receipt of the communication, immediately leaving the entry without effect if it does not authorize it.

4. Minors shall be provided with written information on their rights and duties, the rules governing the operation of the centre, questions of general organization, the educational system, the disciplinary regime and the means of making petitions, complaints and appeals. Such information shall be transmitted in such a way as to ensure that the information is understood in the light of the child's age and circumstances.

5. Minors shall not remain in the centre longer than is strictly necessary to meet their specific needs. Termination shall be agreed by the judicial body which is aware of the entry, on its own initiative or on a proposal from the Public Entity or the Public Prosecutor ' s Office. This proposal will be based on a psychosocial report.

Added text, published on 23/07/2015, in force from 12/08/2015.

Article 27. Security measures.

1. Security measures may consist of restraint of the minor, temporary isolation or personal and material searches. Only preventive and descaling measures, which will be a priority, may be used in failed safety measures.

2. Security measures should be implemented by specialized personnel with training in child and adolescent rights, conflict resolution and subjection techniques. These personnel may only use security measures with minors as a last resort, in cases of attempted escape, active resistance involving serious disruption of cohabitation or a serious violation of the rights of other minors or direct risk of self-harm, injury to others or serious damage to facilities.

3. It is for the Director of the Centre or person to whom he or she has delegated, to take decisions on security measures, which must be reasoned and notified immediately to the Public Entity and the Public Prosecutor's Office and may be appealed by the minor, the Public Prosecutor's Office and the Public Entity, before the judicial body hearing the entry, which he or she will decide upon obtaining a report from the centre and after hearing the minor and the Public Prosecutor's Office.

4. The security measures applied must be recorded in the Incident Registry Book, which will be supervised by the management of the centre.

Added text, published on 23/07/2015, in force from 12/08/2015.

Article 28. Containment measures.

1. Containment measures shall be taken in accordance with the circumstances in the presence and the manner set out in the following paragraphs of this Article.

2. The staff of the centres may use containment measures only after attempts to restore coexistence and security through descaling measures.

3. Physical restraint may only consist of interposition between the minor and the person or object in danger, physical restriction of spaces and movements and, ultimately, under strict protocol, physical immobilization by specialized staff of the centre.

In specific centres for the protection of minors with behavioural problems, the attachment of the child's wrists with approved equipment shall be admissible only on an exceptional basis, provided that it is carried out under strict protocol and it is not possible by other means to prevent the serious risk of the life or physical integrity of the child or of third parties. This exceptional measure may only be applied for the minimum required time, which may not exceed one hour. During this time, the minor shall be accompanied by an educator or other professional of the educational or technical team of the centre on an ongoing basis and/or permanently supervised.

The application of this measure shall be communicated immediately to the Public Entity, the Public Prosecutor ' s Office and the judicial body which is hearing the entry.

4. Mechanical containment is prohibited in the terms set out in art. 21 ter of this Law.

Added text, published on 23/07/2015, in force from 12/08/2015.

Article 29. Isolation of the minor.

1. The temporary isolation of a minor by staying in an appropriate space from which his departure is prevented may only be used in the prevention of violent acts, self-harm, injury to other minors residing in the centre, to the staff of the centre or to third parties, as well as serious damage to his facilities. It shall be applied in a timely manner when necessary and in no case as a disciplinary measure.

2. The isolation may not exceed three consecutive hours without prejudice to the child's right to rest. During the period of time in which the minor remains in isolation, he or she shall be accompanied in person and continuously or permanently supervised by an educator or other professional of the educational or technical team of the centre.

Added text, published on 23/07/2015, in force from 12/08/2015.

Article 30. Personal and material records.

1. The personal and material records shall be carried out with respect for the dignity, privacy and fundamental rights of the person, in order to avoid situations of risk caused by the introduction or departure of objects, instruments or substances which by themselves or due to their inappropriate use may be dangerous or harmful.

Electronic means shall preferably be used.

2. The personal search and search of the minor shall be carried out by the indispensable staff who shall require, at least two professionals of the same sex as the minor. When it involves any bodily exposure, this will be partial, it will be done in an appropriate place, without the presence of other minors and preserving as much as possible the privacy of the minor.

3. The staff of the centre may register the minor ' s belongings, and may remove from the centre any objects in their possession that may be of illicit origin, harmful to themselves, others or to the premises of the centre or that are not authorized for minors. The material records shall be communicated to the minor in advance provided that they cannot be made in his presence.

Added text, published on 23/07/2015, in force from 12/08/2015.

Article 31. Disciplinary regime.

1. The disciplinary regime in these centres will always be based on the socio-educational project of the centre and on the individualization of each minor, to which the information will be given.

2. The disciplinary procedure will be the last resort to use, giving priority to restorative systems of conflict resolution and educational interaction. No restrictions may be imposed on the same or greater entity as those provided for in the legislation regulating the criminal liability of minors.

3. Under no circumstances may the measures contained in articles 27 to 30 be used for disciplinary purposes.

4. The autonomous regulation on disciplinary arrangements must be sufficient and appropriate to the principles of the Constitutionof this law and of the Title IX of Law 30/1992 of 26 November 1992the Legal Regime of Public Administrations and the Common Administrative Procedure, guaranteeing the minor the legal assistance of an independent lawyer, respecting at all times the dignity and rights of minors and in no case being deprived of them.

Added text, published on 23/07/2015, in force from 12/08/2015.

Article 32. Monitoring and control.

Regardless of the inspections of the centres that may be carried out by the Ombudsman, the equivalent regional institutions and the Public Prosecutor ' s Office, the measure of entry of the minor into the specific protection centre should be reviewed at least quarterly by the Public Entity, and the competent judicial body that authorized the entry and the Public Prosecutor ' s Office should, at this periodicity, submit the appropriate reasoned follow-up report including the entries in the Incident Registry Book.

For the purposes of the inspections and reports referred to in the preceding paragraph, the Incident Registry Book shall respect, in respect of data transferees, the adoption of the medium-level security measures set out in the existing legislation on the protection of personal data.

Added text, published on 23/07/2015, in force from 12/08/2015.

Article 33. Administration of medicines.

1. The administration of medicinal products to minors, where necessary for their health, shall take place in accordance with the health professional practice, in accordance with the provisions on informed consent, and in accordance with the terms and conditions laid down in Law 41/2002 of 14 November 2002, basic regulation of patient autonomy and of rights and obligations in the field of clinical information and documentation.

2. In any event, it should be an authorized medical practitioner who prescribes medicinal products subject to medical prescription and monitors their correct administration and treatment progress. For this purpose, a record shall be kept with the medical history of each minor.

Added text, published on 23/07/2015, in force from 12/08/2015.

Article 34. Scheme of visits and departure permits.

1. Visits by family members and other close persons may be restricted or suspended in the interests of the child by the director of the centre only on a reasoned basis when his educational treatment so advises and in accordance with the terms of the judicial authorization for admission.

The right to visit may not be restricted by disciplinary measures.

2. The Director of the specific protection centre for minors with behavioural problems may restrict or suppress the departures of persons admitted to the centre, always in the interests of the minor and in a reasoned manner, when his educational treatment so advises, in accordance with the terms set out in the judicial authorization for admission.

3. The measures limiting the regime of visits and exit permits shall be notified to the persons concerned, the minor and the Public Prosecutor in accordance with the applicable legislation.

Such measures may be appealed by the Public Prosecutor ' s Office and by the minor who shall be guaranteed legal assistance by independent counsel before the judicial body which is hearing the entry, which shall decide upon the request of the centre and after hearing the persons concerned, the minor and the Public Prosecutor ' s Office.

Added text, published on 23/07/2015, in force from 12/08/2015.

Article 35. The minor ' s communication system.

1. Minors admitted to the centres shall have the right to submit complaints confidentially to the Public Prosecutor ' s Office, the competent judicial authority and the Ombudsman or to the regional institutions of the State. This right may not be restricted by the application of disciplinary measures.

2. The communication of the minor with relatives and other close persons shall be free and secret.

They may only be restricted or suspended by the director of the centre in the interests of the child, in a reasoned manner, when their educational treatment so advises and in accordance with the terms set out in the judicial authorization for admission. The restriction or suspension of the right to maintain communications or the secrecy of communications shall be adopted in accordance with applicable law and notified to the persons concerned, the minor and the Public Prosecutor's Office, who may appeal to the court which authorized the entry, which shall decide upon receipt of a report from the centre and after hearing the persons concerned, the minor and the Public Prosecutor's Office.

Added text, published on 23/07/2015, in force from 12/08/2015.

Additional provision one.

The rules of voluntary jurisdiction shall apply to proceedings following:

1. To take the measures provided for in Article 158 of the Civil Code.

2. Against decisions declaring the abandonment and assumption of guardianship by Ministry of the Law and the suitability of applicants for adoption.

3. For any other complaints against decisions of public entities arising in connection with the exercise of their functions in matters of guardianship or custody of minors.

In the above proceedings, appeals shall be admissible, in any event in one instance.

The exercise of actions in the ordinary judicial system shall always be safe.

Second additional provision.

For the registration in the Spanish Register of adoptions constituted abroad, the registrar will assess the compatibility of the requirements of the Article 9.5 of the Civil Code.

Additional provision three.

With the exception of statements of incapacity and prodigality, the other judicial proceedings provided for in Titles IX and X of the Book I of the Civil Code shall conform to the procedure provided for voluntary jurisdiction, with the following particularities:

1. The judge and the Public Prosecutor shall act ex officio in the interests of the child or the child who is incapable, adopting and proposing such measures, proceedings and evidence as they deem appropriate. They shall eliminate the inaction of individuals and advise them on their rights and on how to remedy the shortcomings of their applications.

2.a The intervention of a lawyer or a prosecutor shall not be necessary.

3.a The opposition of any interested party shall be heard in the same proceedings, without making it contentious.

Single transitional provision.

Proceedings initiated prior to the entry into force of this Act shall be governed by the previous regulations.

Single derogation provision.

The Decree of 2 July 1948 approving the consolidated text of the Law on the Protection of Minors and all regulations opposing this Law is repealed.

Final provision one.

The Article 9.4 of the Civil Codeshall read as follows:

‘The nature and content of filiation, including adoption and parental-filial relations, shall be governed by the Personal Law of the child and if it cannot be determined, it shall be the child’s habitual residence.’

Final provision two.

The Article 9.5 of the Civil Codethe third, fourth and fifth subparagraphs shall read as follows:

"For the constitution of the adoption, the Spanish Consuls shall have the same powers as the Judge, provided that the adopter is Spanish and the adopter is domiciled in the consular demarcation. The previous proposal shall be made by the public entity corresponding to the last place of residence of the adopter in Spain. If the adopter did not have residence in Spain in the last two years, no prior proposal will be necessary, but the Consul shall obtain from the authorities of the place of residence of the adopter sufficient reports to assess his suitability.

In the adoption constituted by the competent foreign authority, the Adoption Act shall govern the necessary capacity and consent. The consents required by such law may be given to an authority of the country in which the constitution was initiated or, subsequently, to any other competent authority. If necessary, the consent of the public entity corresponding to the last residence of the adopter in Spain will be required for the adoption of a Spanish.

In Spain, the one constituted abroad by Spanish adopter will not be recognized as adoption, if the effects of the adoption do not correspond to those provided for by Spanish legislation. Nor shall it be so, as long as the competent public body has not declared the suitability of the adopter, if the adopter is Spanish and domiciled in Spain at the time of adoption.’

Final provision three.

The Article 149 of the Civil Codeshall read as follows:

‘A person liable to provide maintenance may, at his choice, satisfy them, or by paying the pension to be fixed, or by receiving and maintaining in his own home the one entitled to them.

This choice will not be possible as soon as it contradicts the situation of cohabitation determined for the dietist by the applicable rules or by judicial decision. It may also be rejected if the minor is in the interest of the food-producing person concerned or if the cause is just.’

Final provision four.

The Article 158 of the Civil Code has the following wording:

‘The judge shall, on his own motion or at the request of his own son, any relative or the Public Prosecutor's Office, order:

1. The appropriate measures to ensure the provision of maintenance and to provide for the future needs of the child, in the event of non-compliance with this duty, by his or her parents.

2. Appropriate arrangements to prevent children from being disturbed in the event of change of the holder of custody.

3. In general, such other provisions as it deems appropriate, in order to remove the child from danger or to avoid harm.

All such measures may be taken in any civil or criminal proceedings or in proceedings of voluntary jurisdiction.’

Final provision five.

The Article 172 of the Civil Code shall read as follows:

‘1. The public body entrusted with the protection of minors in the respective territory, when it finds that a minor is in a situation of neglect, is responsible for the protection of the child and shall take the necessary protective measures for the child ' s care, bringing it to the attention of the Public Prosecutor ' s Office, and notifying the parents, guardians or guardians in legal form, within 48 hours. Whenever possible, they shall be informed in person and in a clear and understandable manner at the time of notification of the reasons for the intervention of the Administration and of the possible effects of the decision taken.

The situation of neglect is considered to be that which actually occurs because of non-compliance, or because of the impossible or inadequate exercise of the protection duties established by the laws for the care of minors, when they are deprived of the necessary moral or material assistance.

The assumption of guardianship by the public entity entails the suspension of parental authority or ordinary guardianship. However, acts of property content performed by parents or guardians representing the child and beneficial to the child shall be valid.

2. Where parents or guardians, for serious circumstances, are unable to care for the child, they may request the competent public body to take care of the child for the necessary time.

The custody of the child shall be recorded in writing on the basis that the parents or guardians have been informed of the responsibilities that they continue to hold with respect to the child, as well as of the manner in which the custody is to be exercised by the administration.

Any subsequent variation in the form of exercise shall be substantiated and communicated to them and to the Public Prosecutor.

In addition, custody shall be assumed by the public entity when the judge so agrees in cases where it is legally applicable.

3. Custody taken at the request of parents or guardians or as a function of guardianship by Ministry of the Law, shall be carried out through family care or residential care. Family care shall be exercised by the person or persons determined by the public entity. Residential care shall be exercised by the Director of the centre where the minor is taken in.

4. The interests of the child shall always be sought and, where it is not contrary to that interest, the child ' s reintegration into his or her own family shall be sought and the care of the siblings entrusted to the same institution or person.

5. If there are serious problems of cohabitation between the minor and the person or persons entrusted to him/her in custody, the person or persons concerned may request the removal of the child.

6. Decisions that appreciate the abandonment and declare the assumption of guardianship by Ministry of the Law shall be subject to appeal before the civil court without the need for prior administrative complaint.’

Final provision six.

The Article 173 of the Civil Code has the following wording:

‘1. Family care results in the child ' s full participation in family life and imposes on the recipient the obligations to care for him/her, to have him/her in his/her company, to feed him/her, to educate him/her and to provide him/her with comprehensive training. This placement may be carried out by the person or persons who replace the minor ' s family nucleus or the person responsible for the functional home.

2. The placement shall be formalized in writing, with the consent of the public entity, whether or not it has guardianship or guardianship, of the persons receiving the minor and of the latter if he or she is 12 years of age. Where parents who were not deprived of parental authority or the guardian were known, they should also give or have given their consent, unless this is a temporary foster care referred to in paragraph 3 of this article.

The document for the formalization of family placement referred to in the preceding paragraph shall include the following points:

1.o The necessary consents.

2nd Modality of placement and duration of care.

3. The rights and duties of each party, and in particular:

(a) The periodicity of visits by the foster child ' s family.

(b) The system of coverage by the public entity or other civil liability for damages suffered by the minor or of those that he may cause to third parties.

(c) The assumption of the costs of maintenance, education and health care.

4. The content of the follow-up which, depending on the purpose of the care, the public entity will carry out, and the commitment of the family to collaborate with it.

5.o The financial compensation, if any, to be received by the housekeepers.

6.o If the foster children act professionally or if the foster care is provided in a functional home, it shall be expressly indicated.

7th Report on Child Care Services.

This document shall be transmitted to the Public Prosecutor.

3. If the parents or the guardian does not consent to or oppose it, the placement may only be agreed by the judge, in the interest of the minor, in accordance with the procedures of the Civil Procedure Act. The proposal of the public entity shall contain the same points referred to in the previous issue.

However, the public entity may agree in the interest of the child, a temporary family placement, which shall continue until a judicial decision is made.

The public body shall, after due diligence and completion of the case file, submit the proposal to the judge immediately and, in any event, within a maximum period of 15 days.

4. The placement of the minor shall cease:

1st By court decision.

2. By decision of the persons who have received it, after they have been communicated to the public entity.

3. At the request of the guardian or parents who have parental authority and claim their company.

4. By decision of the public entity having the guardianship or custody of the child, when it considers it necessary to safeguard the interest of the child ' s foster ears.

A judicial order for cessation shall be required when the placement has been ordered by the judge.

5. All proceedings for the formalisation and cessation of placement shall be carried out with the obligatory reservation.’

Final provision seven.

It is introduced into the Civil Code a new article under number 173 bis, with the following wording:

‘Article 173a.

Family care may take the following forms in accordance with its purpose:

1. Simple family care, which will have a transitional character, either because the situation of the child provides for the reintegration of the child into his or her own family or while a more stable measure of protection is adopted.

2. Permanent family care, where the age or other circumstances of the child and his or her family so advise and is reported by the child care services. In such a case, the public entity may request the judge to assign to the foster ones those powers of guardianship that facilitate the performance of their responsibilities, in any case in the best interests of the child.

3. Pre-adoption family care, which shall be formalized by the public entity when it raises the proposal for the adoption of the child, informed by the child care services, before the judicial authority, provided that the foster parents meet the necessary requirements for adoption, have been selected and have given the public entity their consent to adoption, and the child is in a legal position suitable for adoption.

The public entity may also formalize pre-adoption family placement when it considers, prior to the submission of the proposed adoption, that it is necessary to establish a period of adaptation of the child to the family. This period shall be as short as possible and, in any event, shall not exceed the period of one year."

Final provision 8th.

The Article 174(2) of the Civil Code shall read as follows:

‘2. To this end, the public entity shall immediately notify the State of the new income of minors and shall forward to it copies of the administrative decisions and the formalization documents concerning the constitution, variation and cessation of guardianship, guardianship and foster care. He shall also give notice of any developments of interest in the circumstances of the minor.

The Public Prosecutor shall verify the situation of the minor at least every six months, and shall promote such protective measures as he deems necessary before the Court.’

Final provision ninth.

The Article 175.1 of the Civil Code shall read as follows:

‘1. Adoption requires the adopter to be over twenty-five years old. In adoption by both spouses, it is sufficient that one of them has reached that age. In any event, the adopter must be at least fourteen years older than the adopted one.’

Final provision 10th.

The Article 176 of the Civil Code shall read as follows:

‘1. Adoption is constituted by a court decision, which will always take into account the interests of the adopter and the suitability of the adopter or adopters for the exercise of parental authority.

2. In order to initiate the adoption file, the prior proposal of the public entity in favour of the adopter or adopters that that public entity has declared suitable for the exercise of parental authority is necessary. The declaration of suitability may be made prior to the proposal.

However, no proposal is required where the adoption of any of the following circumstances occurs:

1. To be an orphan and relative of the adopter in the third degree by consanguinity or affinity.

2. To be the son of the adopter's consort.

3.a For more than one year, have been legally accepted under the measure of pre-adoption care or have been under his guardianship for the same time.

4. to be of age or of emancipated minor.

3. In the first three cases referred to in the preceding paragraph, adoption may take place, even if the adopter has died, if the adopter has already given his consent to it before the judge. The effects of the judicial decision in this case shall be taken back to the date on which such consent is given.’

Eleventh final disposition.

The Article 177 of the Civil Code shall read as follows:

‘1. Adoption shall be granted in the presence of the judge, the adopter or adopter and the adopter over the age of twelve.

2. They shall consent to adoption in the manner laid down in the Civil Procedure Act:

1.o The spouse of the adopter, unless there is legal separation by final judgement or de facto separation by mutual agreement that is reliably established.

2. The parents of the child to be adopted, if the child is not emancipated, unless they have been deprived of parental responsibility by a final judgment or there are statutory grounds for such deprivation. These circumstances may be established only in adversarial judicial proceedings, which may be conducted as provided in Article 1827 of the Civil Procedure Act.

Consent shall not be necessary if those who are required to give it are unable to do so, an impossibility which will be assessed on the basis of the judicial decision constituting the adoption.

The mother's consent may not be given until 30 days have elapsed since the birth.

3. They shall be heard simply by the Judge:

1. Parents who have not been deprived of parental authority, when their assent is not necessary for adoption.

2. The guardian and, where appropriate, the keeper or keepers.

3. The adopting of a child under the age of twelve years, if he had sufficient judgment.

(4) The public entity, in order to assess the suitability of the adopter, when the adopter has been legally accepted by the adopter for more than one year.’

Final disposition twelfth.

The first paragraph of Article 211 of the Civil Code has the following wording:

‘The detention on the basis of a mental disorder, of a person who is not in a position to decide for himself, even if he is subject to parental authority, shall require judicial authorization. This shall be prior to detention, unless urgent reasons necessitated the immediate adoption of the measure, which shall be reported to the judge as soon as possible and, in any event, within 24 hours. The placement of minors shall in any case be carried out in a mental health establishment appropriate to their age, after a report by the child welfare services.’

It is declared unconstitutional, with the effect established in legal basis 6, by Judgment of TC 131/2010, of December 2. Ref. BOE-A-2011-273.

Final provision thirteenth.

The Article 216 of the Civil Code have a second paragraph as follows:

‘The measures and provisions provided for in Article 158 of this Code may also be agreed by the judge, ex officio or at the request of any interested party, in all cases of guardianship or guardianship, in law or in law, of minors and incompetent persons, as soon as the interests of the latter so require.’

Fourteenth final disposition.

The Article 234 of the Civil Code shall have one final paragraph as follows:

“Incorporation into the family life of the guardian is considered beneficial for the child.”

Final disposition 15th.

The Article 247 of the Civil Code has the following wording:

“Those who, after being dismissed, are legally incapable or misled in the performance of guardianship, for failure to fulfil the duties of the office or for the obvious ineptitude of their exercise, or when serious and continuing problems of coexistence arise shall be removed from guardianship.”

Final disposition sixteenth.

The Article 248 of the Civil Code has the following wording:

“The judge, acting on his own motion or at the request of the Public Prosecutor's Office, the guardian or other interested person, shall order the removal of the guardian, after hearing the guardian if, referred to above, he appears. The guardian shall also be heard if he has sufficient judgment.’

Final disposition seventeenth.

A second paragraph is added to the Article 260 of the Civil Code with the following wording:

‘However, a public entity which assumes the guardianship of a minor by Ministry of the Law or performs it by judicial decision shall not require the provision of bail.’

Eighteenth final disposition.

1. The articles of the Civil Code The following shall read as follows:

Article 166, second paragraph:

‘Parents must seek judicial authorization to repudiate the inheritance or legacy of the child. If the court refuses the authorisation, the inheritance may be accepted only for the benefit of inventory.’

Article 185, second paragraph:

‘The rules governing the exercise of guardianship and the reasons for the inability, removal and excuse of guardians shall apply to the representatives of the absentee, as soon as they are adapted to their special representation.’

Article 271:

‘The guardian needs judicial authorization:

1. To place the person under guardianship in a mental health or special education or training institution.

2. To dispose of or tax immovable property, commercial or industrial establishments, precious objects and transferable securities of minors or disabled persons, or to enter into contracts or perform acts of a constructive nature that are susceptible to registration. Except for the sale of the right of preferential subscription of shares.

3. To waive rights, as well as compromise or submit to arbitration matters in which the guardian was interested.

4. To accept without inventory benefit any inheritance, or to repudiate this or the liberalities.

5.o To make extraordinary expenses on property.

6. To file a complaint on behalf of persons subject to guardianship, except in urgent or minor cases.

7. To transfer property under lease for a period of more than six years.

8.o To give and take money on loan.

9. To dispose of property or rights of the guardian free of charge.

10. In order to assign to third parties the claims which the guardian has against him, or to acquire for a consideration the claims of third parties against the guardian.’

Article 272:

‘The division of inheritance and the division of commons by the guardian will not require judicial authorization, but once practiced they will require judicial approval.’

Article 273:

‘Before authorizing or approving any of the acts covered by the two preceding articles, the Judge shall hear the Public Prosecutor's Office and the person under guardianship, if he or she is more than 12 years of age or considers it appropriate, and shall obtain such reports as are requested or deemed relevant to him or her.”

Article 300:

“The judge, in proceedings of voluntary jurisdiction, on his own initiative or at the request of the Public Prosecutor, of the minor himself or of any person capable of appearing in court, shall appoint counsel whom he deems most suitable for the office.”

Article 753:

‘The testamentary provision shall not take effect in favour of any person who is the tutor or curator of the testator, except where it has been made after the accounts have been definitively approved or, in the case where the accounts do not have to be surrendered, after the termination of guardianship or curatorship.

However, provisions made in favour of the guardian or curator who is an ascendant, descendant, brother, sister or spouse of the testator shall be valid.’

Article 996:

‘If the sentence of incapacitation for physical or mental illness or infirmity does not provide otherwise, the curate may, assisted by the curator, accept inheritance purely and simply or for inventory’.

Article 1,057, third paragraph:

‘The provisions of this article and the preceding article shall be observed even if there has been one of the joint heirs who has been subject to parental authority or guardianship, or to curatorship on grounds of prodigality or physical or mental illness or deficiency; but in such cases the disputing accountant shall make an inventory of the property of the inheritance, with summons from the legal representatives or curators of those persons.’

Article 1,329:

‘A child who is not emancipated under the law may grant capitulations, but shall require the consent and consent of his or her parents or guardian, unless he or she merely agrees to the separation or participation regime.’

Article 1,330:

“A person who is legally incapacitated may grant marriage capitulations only with the assistance of his parents, guardian or curator.”

Article 1,459 (1):

‘Those who hold a guardianship office, the property of the person or persons under their care or protection.’

Article 1,700 (3):

‘By death, insolvency, incapacity or declaration of prodigality of any of the members, and in the case provided for in Article 1.699.’

Paragraph 3 of Article 1732:

‘By death, incapacitation, declaration of prodigality, bankruptcy or insolvency of the principal or agent.’

2. The following Articles are amended: Civil Code:

Articles 108, 823 and 980 respectively delete the words ‘full’, ‘full’ and ‘full’.

In Articles 323 and 324 respectively, the words ‘guardian’ and ‘guardians’ are replaced by ‘curator’ and ‘curators’.

The third paragraph of Article 163 is deleted.

In the first paragraph of Article 171, the words ‘tendership shall not be constituted, but shall be removed’.

At the end of the last paragraph of Article 171, the phrase ‘or curate it, as appropriate’ is added.

Article 234(1) is replaced by the following:

‘To the spouse living with the guardian.’

In Article 852 ‘and 5.o’ is replaced by ‘, 5.o and 6.o’.

In Article 855, ‘and 6.o’ is replaced by ‘, 5.o and 6.o’; ‘169’ is replaced by ‘170’ and the last paragraph is deleted.

The second paragraph of Article 992 is deleted and the third paragraph, which becomes the second paragraph, deletes the word ‘also’.

A second paragraph is added to article 1,060 as follows:

‘The judicial counsel appointed to represent a minor or disabled person on a partition shall obtain the approval of the judge, if the judge has not provided otherwise in making the appointment.’

Article 1.263(2) is replaced by the following:

‘The disabled’.

In Article 1.291 (1), the words ‘without judicial authorization’ shall replace ‘without the authorization of the family council’.

In Article 1,338, the words ‘The minor’ are replaced by ‘The unemancipated minor’.

In Article 1,393 (1), the words ‘declared absent’ are replaced by ‘declared prodigal, absent’.

Nineteenth final disposition.

The Civil Procedure Act is amended as follows:

1. The current Articles 1.910 to 1.918 of the Civil Procedure Act They will join the third section of Title IV of Book III, entitled ‘Interim measures in relation to children of families’.

2. The second section of Title IV of Book III shall be called ‘Measures relating to the return of minors in the event of international abduction’ and shall include Articles 1.901 to 1.909, inclusive, with the following content:

‘Article 1901

In cases where an international convention is applicable, the return of a minor who has been the subject of a transfer or unlawful retention shall be carried out in accordance with the provisions of this Section.

Article 1902

The jurisdiction of the Magistrate shall be that of the court of which the minor who has been the subject of an unlawful transfer or retention is located.

The procedure may be promoted by the person, institution or body having the right of custody of the minor, the central Spanish authority responsible for fulfilling the obligations imposed by the relevant agreement and, on behalf of the agreement, the person appointing that authority.

Proceedings shall be conducted with the intervention of the Public Prosecutor's Office and the persons concerned may act under the direction of a lawyer.

The proceedings shall be of a preferential nature and shall be carried out within six weeks of the date on which the child's return has been requested before the judge.

Article 1903

At the request of the person promoting the procedure or the Public Prosecutor, the judge may take the interim custody measure provided for in the following section of this Act and any other measures of assurance that he or she deems appropriate.

Article 1904

Promoted the file by means of the application accompanied by the documentation required by the relevant international agreement, the judge shall, within 24 hours, issue a decision requiring the person who has taken or retained the minor, with the legal warnings, to appear in court with the minor on the date to be determined, which may not exceed the following three days, and to state:

(a) If the person, institution and body which holds the right of custody voluntarily agrees to the child ' s restitution; or, in another case,

(b) If he objects to restitution on the grounds of any of the grounds laid down in the relevant convention, the text of which shall be accompanied by the request.

Article 1905

If the requested person does not appear, the judge shall then order the proceedings of his/her default by summoning the persons concerned and the Public Prosecutor to appear within five days and shall order such interim measures as he/she deems relevant in relation to the minor.

At the appearance, the applicant and the Public Prosecutor's Office shall be heard and, where appropriate and separately, the minor shall be heard about his or her return. The judge shall decide by order within two days of the date of the appearance, whether or not the return is due, taking into account the interest of the minor and the terms of the agreement.

Article 1906

If the requested person appears and agrees to the voluntary return of the minor, the judge shall, by order of the court, draw up a record of the conclusion of the proceedings and the surrender of the minor to the person, institution and body holding the right of custody, as well as the appropriate costs and expenses.

Article 1907

If, at the first appearance, the requested person objects to the return of the minor, on the basis of the cases set out in the relevant agreement, the provisions of article 1,817 of this Law shall not apply, and the opposition to the same judge shall be granted in the course of the oral proceedings. To this end:

(a) All interested persons and the Public Prosecutor shall be summoned to the same act of appearance, so that they may state what they deem appropriate and, where appropriate, the evidence shall be carried out at a later date, to be held in accordance with the provisions of article 730 and in accordance with this Act, within a period not exceeding five days from the date of the first appearance.

(b) Moreover, after the first appearance, the judge shall hear the minor separately about his or her return and may obtain such reports as he or she deems appropriate.

Article 1908

After the appearance and, where appropriate, after the relevant evidence has been obtained within six days, the judge shall order the court within three days, ruling, in the interest of the minor and in accordance with the terms of the agreement, whether or not his or her return is appropriate. An appeal against such an order may be lodged only in one instance, which must be settled within the unexplainable period of twenty days.

Article 1909

If the judge decides to return the minor, the order shall provide that the person who transferred or retained the minor shall pay the costs of the proceedings and the expenses incurred by the applicant, including travel expenses and expenses resulting in the return of the minor to the State of his habitual residence prior to the removal, which shall be effected by the procedures provided for in article 928 and in accordance with this Act.

In other cases, the costs of the proceedings shall be declared ex officio.'

Twenty-sixth final disposition.

The Public Prosecutor ' s Office shall ensure that all actions and incidents affecting the same minor are settled in the same file in order to initiate proceedings on complaints against decisions of public entities arising in connection with the exercise of their guardianship or guardianship functions. To that end, it shall promote before the courts the appropriate proceedings provided for in the procedural law.

Final disposition twenty-first.

1. Article 5(3) and (4); Article 7(1); Article 8(2)(c); Article 10(1) and (2)(a), (b) and (d); Articles 11, 12, 13, 15, 16, 17, 18 in paragraph 2, 21 in paragraphs 1, 2 and 3; and Article 22 are supplementary legislation to which the Autonomous Communities with competence in the field of social assistance apply.

2. Article 10(3), Article 21(4), Article 23, the first, second and third additional provisions, the single transitional provision and the 19th and 20th final provisions are hereby adopted under Article 149.1.2a, 5a and 6a of the Treaty. the Constitution.

3. The remaining non-organic provisions of the Act, as well as revisions to the Civil Code contained therein, are ordered under the Article 149.1.8.a of the Constitution and shall apply without prejudice to the rules of the Autonomous Communities with competence in matters of civil, foral or special law.

Final disposition twenty-second.

The public entities mentioned in this Act are those designated by the Autonomous Communities and the cities of Ceuta and Melilla, in accordance with their respective organizational rules.

Final disposition twenty-third.

Articles 1 are ordinary law; 5(3) and (4); 7(1); 8(2), subparagraph (c); 9 bis; 9 ter; 9 quater; 9 quinquies; 10, paragraphs 1, 2, paragraphs a, b, d and f, 3, 4 and 5; 11, 12, 13, 14, 15, 16, 17, 18, 19, 19 bis, 20, 20 bis, 21, 21 bis, 22, 22 bis, 22 ter, 22 quater, 22 quinquies, 23 and 24; the first, second and third additional provisions; the transitional provision; the derogation provision; and the first to twenty-second and twenty-fourth final provisions.

The provisions of the preceding paragraph shall apply in accordance with the provisions of the twentieth final provision.

Final disposition twenty-fourth.

This Law shall enter into force on the 30th day following its publication in the Official Gazette of the State.

Therefore,

I command all Spaniards, individuals and authorities who keep and enforce this Organic Law.

Madrid, 15 January 1996.

JUAN CARLOS R.

The President of the Government,

FELIPE GONZÁLEZ MÁRQUEZ