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EMPOWERING GUARDIANS, LEGAL REPRESENTATIVES AND FOSTER FAMILIES OF CHILDREN AND ADOLESCENTS WITHOUT THE CARE AND PROTECTION OF THEIR PARENTS ON THE RIGHTS OF THE CHILD AGAINST VIOLENCE. WORK TEAM. Proyect coordinator : VIRGINIA MURILLO HERRERA Researcher : GIOVANA CANGAHUALA
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EMPOWERING GUARDIANS, LEGAL REPRESENTATIVES AND FOSTER FAMILIES OF CHILDREN AND ADOLESCENTS WITHOUT THE CARE AND PROTECTION OF THEIR PARENTS ON THE RIGHTS OF THE CHILD AGAINST VIOLENCE.
WORK TEAM Proyectcoordinator: VIRGINIA MURILLO HERRERA Researcher: GIOVANA CANGAHUALA Support of the training process: FIORELA M. MOSS IVÁN GIMENO SAN PEDRO SPAIN - 2017
Weaknesses • We had problems with the concept: cuidado de los niños de atención parental because it is underused in Spain. • In Spain we use: “children and adolescents without the care of their biological families”.
IMPACT OF THE MODIFICATION OF THE LAW OF PROTECTION – ORGANIC LAW 8/2015 & LAW 26/2015 THEY REFLECT THE RECOMMENDATIONS FROM THE COMMITTEE ON THE RIGHTS OF THE CHILD
To Keep the children and adolescent in their own family and if it's not possible, to look for a better family to them
TREND OF CHANGES TEMPORARY MEASURES STABLE MEASURES
TREND OF CHANGES RESIDENTIAL FAMILIES PLACEMENT FAMILIES
TREND OF CHANGES IMPOSED DECISIONS CONSENSUAL DECISIONS
RISK situation HELPLESSNESS situation When the minor, without being deprived of the necessary moral or material support within his family environment, is affected by any circumstance harming his personal, family, social or educational development allowing reasonable fears about a future situation of helplessness or social exclusion. Another concept is when due to personal or socio-family situations, or for any other reason, the integral development of the child or adolescent is hindered as well as the exercise of his rights, without requiring the separation of his/her family environment. • When it is produced by the non-compliance or possible or inadequate exercise of the protection liabilities established by law for the guardianship of minors, when they are deprived of the necessary moral or material assistance. • Risk to the life or physical or mental integrity. • Abandonment. • Abuse. • Exploitation of Minor. • Lack of proper care. • Whenever the causes that gave rise to the exercise of the guardianship by the Aragon’s Institute of Social Services no longer exist, or the legal representatives of the minor do not want to take care of him/her.
Foster FamilyPlacement • Appropriate family environment (Extended Family or Foster Family). • The family want to protect a child severally. • The family assumes a series of obligations related to the child or adolescent. • There is a selection procedure. ResidentialPlacement • This measure is only taken when the rest of the resources for protection become impossible, inadequate or insufficient. • Only will be maintained during the time that is strictly necessary. • It´s exercised by the director of the center where the children or adolescents were placed. Guardianship • When there is a situation where the parents do not care the children through the exercise of the parental authority. We need a guardian. • Ordinary Guardianship or Administrative Guardianship. • Guardian´s duties.
Foster FamilyPlacement It’s a measure of special protection through which the child or adolescent is integrated either temporarily, permanently or towards a possible adoption – into a foster family environment or one complementing his/her own, in order to ensure him the suitable moral and material assistance to fill his immediate needs, always having in mind that every action must be oriented to his reinsertion into his own family Extended Family Foster Family
Measures of Foster Care • Selection and training. • Preparation of the child or adolescents • Preparation of families. • Attachment. • Follow-up.
FEEDING PROTECT ACCOMPANY INTEGRATE INTO FAMILY LIFE EDUCATION
Residencial Placement This measure of protection, Residential Placement, is provided when the children or adolescents have been temporarily or permanently separated from their family and social environment; and this measure is only taken when the rest of the resources for protection become impossible, inadequate or insufficient. Residential Placement is exercised by the director of the center. One of the main objectives is to avoid that certain residential shelters are perpetuated and other means of family coexistence can not be tried.
Guardianship The Guardianship institution is within the measures of protection contemplated by the Law for protecting children and adolescents for the custody and protection of minors when the parents for some reason can not take care of parental authority.
Whatkind of guardianship do wehave? Ordinary Guardianship Administrative Guardianship It is automatically constituted by the ministry of law without the need for a judicial process declared by the Public Administration It is provisional • Subsidiary and substitute institution for non-emancipated minors who are not under parental authority. • The public administration practices.
Guardian´sDuties • Care for his/her children • Provide them food • Educate and provide them with integral education • Represent them legally and manage their goods.
TERMINATION WITH FOSTER FAMILIES MAYBE DUE TO DIFERENTS CAUSES • Fulfillment of the deadline set for the temporary family placement. • Emancipation or majority of age of the minor, Voluntary coexistence. • By judicial decision • By decision of the Commission on Child Guardianship. • By decision of the foster family. • By judgment of the Public Entity order .
Population (1 January 2016) - 46.44 million Children and adolescents - 9.16 million (19.72%) Attentions in the System for the Protection of Minors - 42628 National Law that each Autonomous Community is responsible for executing. ARAGON Population - 1.32 million (2.84%) Minors - 242648 (2.65%) Attentions - 1124 (2.63%)
Population (1 January 2016) - 46.44 million Children and adolescents - 9.16 million (19.72%) Attentions in the System for the Protection of Minors - 42628 National Law that each Autonomous Community is responsible for executing. ANDALUSIA Population - 8.39 million (18.06%) Minors - 1.63 million (17.79%) Attentions - 5684 (13.33%)
Thank you for your attention… info@dni-es.org DNI - SPAIN