ACCOMPANYING PROGRAMME FOR THE DISCHARGE OF YOUNG PEOPLE WITHOUT PARENTAL CARE

Law 27364

General provisions. Objective.



ARTICLE 1-Object. The purpose of this law is the creation of the Accompanying Program for the Income of Adolescents and Young People without Parental Care in order to guarantee their full social inclusion and their maximum personal and social development.

ARTICLE 2 °-Concept. Scope of personal application. This law will apply to adolescents/young people without parental care from thirteen (13) years to twenty-one (21) years of age.

It is understood by adolescents/young people without parental care that they are separated from their family of origin, nuclear and/or extensive or their affections and/or community and reside in devices of formal care under a a measure of protection of rights given in accordance with Articles 33 et seq. of Law 26061 or of the rules applicable at the local level.

The adolescents between sixteen (16) and eighteen (18) years of age included in the present program acquire the majority of age in advance.

The adolescents between thirteen (13) and sixteen (16) years of age included in this program who do not have a legal representative must apply for their designation. The appointed legal representatives exercise all the acts permitted by the Civil and Commercial Code for the guardian figure and the limitations established therein in accordance with the principle of progressive autonomy and the corresponding exercise of rights in personal form.

ARTICLE 3-Principles. The Accompanying Program for the Income of Adolescents and Young People without Parental Care is governed by the following principles:

a. Higher interest of the child/;

b. Progressive autonomy of the adolescent according to his psycho-physical characteristics, aptitudes and development. With greater autonomy, the accompaniment provided for in this law is diminished;

c. the right to be heard/or to be taken into account according to your age and degree of maturity;

d. Equality and non-discrimination;

e. Comprehensive and personalized accompanying.

ARTICLE 4-Volunteering. The Program of Accompanying for the Income of Adolescents and Young People without Parental Care is voluntary, in all cases it is necessary for the adolescent/young person to grant their informed consent and must be completed at any time if the teenager/young person so decides and manifests it in a feisty way.

The non-acceptance of the accompaniment by the adolescent/young person does not imply in any case the loss of their right, but may request it again at any time, with the only condition that it is within the age range. provided for in the first paragraph of Article 2 of this Law.

ARTICLE 5-Types of accompaniment. The Accompanying Program for the Income of Adolescents and Young People without Parental Care consists of a personal accompaniment and a monthly economic allowance.


ARTICLE 6-Concept. The personal accompaniment consists in the assignment of a referent which has the function to accompany each adolescent/young person without parental care in the strengthening of their autonomy, taking into account the principles listed in article 3 ° and respecting the minimum content provided for in Article 11 of this Law.

ARTICLE 7-Stages. The integral personal accompaniment consists of two stages. The first one extends from the thirteen (13) years or from the entry of the adolescent to the formal care device if it is later, until the egress thereof, and it must be performed in coordination with the staff of the devices formal care.

The second stage extends from the egress of the formal care device to the twenty-one (21) years of age.

ARTICLE 8-Designation. The references are designated by the protection organizations of the adolescence or youth competent in each jurisdiction, based on a payroll that these agencies will have to make and keep updated.

The persons included in the said payroll shall have experience in working with girls, boys, adolescents or young people and comply with the training provided by the implementing authority of this law.

In no case may it be a reference who has been convicted or in criminal law for having committed the crimes provided for in titles I and III of the second book of the Penal Code of the Argentine Nation against girls, boys or adolescents.

It will be necessary to ensure that the number of adolescents/young people who must accompany each referent allows them to attend to the needs of all of them in a satisfactory way.

In all cases, the teenager/young person who has the right to request that his/her referent is someone of his/her choice should be made to know, even if he does not integrate the payroll. If the teenager/young person so requests, the child protection body or youth competent in each jurisdiction shall designate the child/youth in each jurisdiction as a reference, and shall be automatically obliged to/or comply with the requirements of the training taxes on all the references.

Priority must be given to integrating the list of references to those adults who, during their adolescence and/or youth, would have been part of the program as a teenager or a young person.

Article 9-Remuneration. The referents have the right to receive a remuneration for their duties, which will be determined by the protection organizations of the adolescence or the competent youth agency in each jurisdiction.

ARTICLE 10-Sanctions. Removal. The references may be sanctioned or removed by the protection agencies of the adolescent or competent youth body in each jurisdiction for duly substantiated reasons and after having heard the teenager/young person.

ARTICLE 11.-Content. The following dimensions are included in the follow-up of the reference to adolescents/young people without parental care:

a) Health, sexual health, responsible procreation and family planning;

(b) Education, training and employment;

(c) Housing;

(d) Human rights and citizen training;

(e) Family and social networks;

(f) Recreation and free time;

(g) Skills for independent living;

(h) Identity;

i) Financial planning and money management.

ARTICLE 12.-Health, sexual health, responsible procreation and family planning. The dimension of health, sexual health, responsible procreation and family planning is geared towards the adolescents/young people without parental care:

(a) exercise their right to the care of the body itself;

b) Be aware of the importance of your physical, sexual and mental health care;

c) Contain the means to prevent, treat timely and combat diseases and addictions;

(d) Prevent and detect early sexually transmitted diseases, HIV/AIDS and genital and mammary pathologies;

(e) Decisions relating to their sexuality in a responsible manner and free from any coercion or violence;

(f) Contain different methods of contraception and their right to require them;

g) Prevent unwanted pregnancies;

h) Develop parameters to exercise responsible parenthood/parenthood.

ARTICLE 13-Education, training and employment. The dimension of education, training and employment is aimed at young people/young people without parental care:

a) Completen their compulsory education;

(b) Access to vocational and occupational guidance services;

(c) Contain the policies of vocational training and labour insertion at its disposal;

(d) Access to university services and/or vocational training courses;

(e) Identify employment services;

(f) Develop the knowledge, skills, skills and competencies required to increase employability or professional self-management.

The Ministry of Education and the Ministry of Labor, Employment and Social Security of the Nation must implement policies aimed at increasing the possibilities of employment and educational inclusion of adolescents/young people without parental care. To this end, they can conclude agreements with national or local public and private institutions.

At least two percent (2%) of the benefits granted under the existing social and labour integration programmes at national level should be allocated to them.

ARTICLE 14.-Housing. The housing dimension is geared towards the adolescents/young people without parental care:

(a) Contain the facilities available for the rental or purchase of a house of its own;

b) They can manage their accommodation, assessing the quality of the accommodation and comparing alternatives.

The Ministry of Social Development of the Nation must implement policies aimed at granting facilities in housing to young people without parental care, among which it may include:

(a) Housing systems with appropriate facilities, facilities and equipment to enable adolescents/young people without parental care to acquire the skills of self-care, interpersonal practices that allow them to building their autonomy;

b) Credit system for the purchase and rental of homes.

The National Housing Council must establish a preferential quota of two percent (2%) of the plans for the award or improvement of housing that will be implemented with the funds of the FONAVI for these credits.

ARTICLE 15.-Human rights and citizen training. The dimension of human rights and citizen training is geared towards the care of adolescents/young people without parental care:

a) Contain their rights and means to demand their respect;

b) Develop the sense of responsibility in the exercise of their civic duties.

ARTICLE 16.-Family and social networks. The family dimension and social networks are geared towards the adolescents/young people without parental care:

a) Aborden the link with his/her family of origin, extensive and/or expanded in the healthiest way according to the particular circumstances of each case;

b) Establish healthy and free links of all types of violence with their partners, friends, partners, significant adults and affectives and community leaders.

ARTICLE 17.-Recreation and free time. The dimension of recreation and free time is oriented to the adolescents/young people without parental care:

(a) Identify cultural opportunities that enable them to gain access to the benefits of culture and to maximize their creative potential;

b) Participate in recreational and leisure activities that allow them to interact with their peers and to develop their social skills to the maximum.

ARTICLE 18.-Skills for independent living. The dimension of skills for independent living is geared towards the adolescents/young people without parental care:

a) Develop guidelines and routines of self-employed life;

b) Adwant skills that strengthen their independence, such as those related to the economy of the home, the organization of schedules, mobility or others.

ARTICLE 19.-Identity. The identity dimension is oriented to the adolescents/young people without parental care:

(a) Obtaining and updating documents relating to the confirmation of his age and identity;

(b) exercise their right to know their origin and to access the judicial and/or administrative file in which the provision of the child and adolescent protection body has been dealt with and other information on records judicial or administrative;

c) Preserve their cultural identity;

(d) exercise their right to the autonomy and choice of their gender identity, without limitations of any order, which obstruct the full personal development, in accordance with the provisions of Law 26,743.

ARTICLE 20.-Financial planning and money management. The financial planning and money management dimension is geared towards the adolescents/young people without parental care:

a) Manage the money with responsibility;

(b) Contain the different arrangements for banking, financial assistance and income.


ARTICLE 21-Right to the perception of the economic allocation. Children/adolescents without parental care included in this programme are entitled to receive a monthly economic allowance equivalent to eighty per cent (80%) of a minimum living and mobile wage from the moment of age. egress of the formal care devices.

The benefit will be perceived in all cases by the teenager or young person in a personal capacity.

In the case of young people studying or training in a trade, this benefit may be extended up to twenty-five (25) years, in accordance with the provisions of Article 663 of the Civil and Commercial Code.

ARTICLE 22.-Compatibility with other benefits. The perception of this assignment will be compatible with other benefits to which the adolescents/young people without parental care are entitled.


ARTICLE 23.-Designation. The national executive branch shall designate the enforcement authority of this law, which shall create a specific area to ensure compliance with this law. This area will have to ensure interdisciplinarity, including specialists in the field of social work, sociology, law, mental health and/or related professions, and must work in a coordinated manner with the protection of the adolescents or young persons competent in each jurisdiction.

ARTICLE 24.-Functions. They shall be:

a) Monitor the implementation of the Accompanying Program for the Income of Adolescents and Young People without Parental Care created by this law in order to evaluate the results of its implementation, detect possible defaults or shortcomings in their implementation and making possible improvements;

b) Carry out studies, diagnoses, surveys, research, and gather information from public and private bodies in the field of childhood, adolescence, and youth without parental care;

(c) Confect the training guidelines of the referents, which must ensure that they are aware of the specific rights that are provided by the adolescents/young people without parental care in the consolidation of their autonomy;

(d) to create, in coordination with the protection organizations of adolescence and competent youth bodies in each jurisdiction, instances for the adolescents/young people without parental care to be able to participate in the preparation, improvement and updating of this programme.


ARTICLE 25-Budget item. The general budget of the Nation will provide for the necessary items for the implementation of the program created by this law.

ARTICLE 26.-Public order. The provisions of this law are of public order and of application throughout the territory of the Argentine Republic.

ARTICLE 27-Scope of temporary application. This law shall apply to legal situations pending or in the course of implementation.

ARTICLE 28-Regulation. This law shall be regulated within a maximum period of ninety (90) days.

ARTICLE 29.-Commune to the national executive branch.

GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, AT THE THIRTY-ONE DAY OF THE MONTH OF MAY OF THE YEAR TWO THOUSAND SEVENTEEN.


MARTA G. MICHELETTI. -EMILIO MONZO. -Eugenio Inchausti. -Juan P. Tunessi.


Under the terms of Article 80 of the National Constitution, I certify that Law No. 27,364 (IF-2017-12341541-APN-SST#SLYT) sanctioned by the HONORABLE CONGRESS OF THE NATION on May 31, 2017, has been enacted in fact on the 22nd day of June 2017.

For your publication to the National Directorate of the Official Register, please copy to the HONORABLE CONGRESS OF THE NATION and, for your knowledge and other effects, refer to the MINISTRY OF SOCIAL DEVELOPMENT. Compliment, file. -Pablo Clusellas.