1 Decree No. 485 the Legislative Assembly of the Republic of EL SALVADOR, considering: I.-that article 34 of the Constitution, recognizes the right that every girl, child and adolescent, has to live in family and environmental conditions that allow their integral development, to which will have the protection of the State, establishing also that the law shall determine the duties of the State and create institutions for the protection of motherhood and childhood.
II. Article 35 of our Magna Carta, establishing that the State will protect the physical, mental and moral health of children and adolescents, and ensure the right to education and assistance.
III.-that by Legislative Decree No. 839 of date March 26, 2009, published in Official Journal No. 68, volume no. 383 on April 16 of that year, was issued the law on protection of children and adolescents, which aims to guarantee the exercise and enjoyment of rights and facilitate the fulfillment of the duties of every girl child and teenager in El Salvador, contained in this regulatory body, regardless of their nationality.
IV.-that becomes necessary reform to the law of Integral Protection of childhood and adolescence, as it is the case that there is a wrong conception, in relation to when the judicial measure of foster, in the form of "family placement", shall be applied in the second paragraph of article 124 of the same and must be established for the application of the same will not be decisive family status, but the relationship with the child or adolescent protected.
Therefore, use of the constitutional powers and at the initiative of the Deputy José Antonio Almendáriz Rivas.
DECREES the following: reform to the law of protection INTEGRAL of the childhood and ADOLESCENCE article 1.-reforming the second paragraph of article 124, in the following manner: "the foster can be granted to a single person or a couple of spouses, who must possess psychological and social conditions that make it possible to the protection of the child, child or teenager and their integral development; includes the following modalities: surrogate family and family placement; in the latter case shall not be decisive for the application of the measure, family status, but his relationship with the protected."
2 article 2.-this Decree shall enter into force eight days after its publication in the official journal.
GIVEN in the blue room of the Legislative Palace: San Salvador to the thirteen days of the month of September in the year two thousand thirteen.
OTHON SIGFRIDO REYES MORALES, PRESIDENT.
ALBERTO ARMANDO ROMERO RODRÍGUEZ, GUILLERMO ANTONIO GALLEGOS NAVARRETE, SENIOR VICE PRESIDENT. SECOND VICE PRESIDENT.
DURAN JOSE FRANCISCO MERINO LÓPEZ, FRANCISCO ROBERTO LORENZANA, THIRD VICE PRESIDENT. FOURTH VICE PRESIDENT.
ROBERTO JOSE D'AUBUISSON, fifth Vice President.
LORRAINE GUADALUPE PENA MENDOZA, CARMEN ELENA CALDERÓN SOL STEP, FIRST SECRETARY. SECOND SECRETARY.
SANDRA MARLENE SALGADO GARCÍA, JOSÉ RAFAEL MACHUCA ZELAYA, THIRD SECRETARY. FOURTH SECRETARY.
IRMA PALACIOS LOURDES VASQUEZ, MARGARITA ESCOBAR, FIFTH SECRETARY. SIXTH SECRETARIAT.
FRANCISCO JOSE ZABLAH SAFIE, REYNALDO ANTONIO LOPEZ CARDOZA, SEVENTH SECRETARY. EIGHTH SECRETARY.
Presidential House: San Salvador, to the four days of the month of October in the year two thousand thirteen.
PUBLISHED, Carlos Mauricio Funes Cartagena, President of the Republic.
Franzi Hasbun Barake, Minister of education Ad-Honorem.
D. o. No. 190 volume no. 401 date: 14 October 2013.
JQ/adar 11-11-2013 legislative index