LEGISLATTIVE ASSEMBLY - REPUBLIC _____________________________________________________________________________________

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DECEMBER No. 485

THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF THE SALVADOR,

CONSIDERING:

I.- That article 34 of the Constitution of the Republic recognizes the right of every child and adolescent to live in family and environmental conditions that enable her to develop comprehensively, for which she shall have the protection of the State, further establishing that the Act shall determine the duties of the State and establish institutions for the protection of maternity and childhood.

II.- That article 35 of our Constitution provides that the State shall protect the physical, mental and moral health of children and adolescents and shall guarantee their right to education and assistance.

III.- That Legislative Decree No. 839, dated 26 March 2009, published in Official Gazette No. 68, Volume No. 383, dated 16 April 2009, issued the Law on the Comprehensive Protection of Children and Adolescents, which aims to guarantee the full exercise and enjoyment of the rights and to facilitate the fulfilment of the duties of every child and adolescent in El Salvador, which is contained in that regulatory body, regardless of nationality.

IV.- The reform of the Act on the Comprehensive Protection of Children and Adolescents becomes necessary, since it is in the case that in the second section of article 124 there is a misconception, in relation to when the judicial measure of family care must be applied, in the form of “family collocation”, it must be established that for the application of it will not be decisive, the family state, but the relationship of parentage with the child.

TANTO,

in the use of the constitutional powers and at the initiative of José Antonio Almendáriz Rivas.

DECRETA:

REFORM TO THE INTEGRAL PROTECTION LAW OF CHILD AND ADDOLESCENCE

Art. 1.- Refer to article 124, paragraph 2, as follows:

“ Family care can be granted to a single person or couple of spouses, who must possess the psychological and social conditions that make it possible to protect the child, child or adolescent and their integral development; it includes the following modalities: substitute family and family placement; in the latter case it will not be decisive for the application of the measure, the family state, but its relationship with the child or the child. ”

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LEGISLATTIVE ASSEMBLY - REPUBLIC _____________________________________________________________________________________

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Art. 2.- This Decree shall enter into force eight days after its publication in the Official Gazette.

DADO en EL SALON AZUL DEL PALACIO LEGISLATIVE: San Salvador at the thirteenth day of September of the year two thousand thirteen.

OTHON SIGFRIDO MORALES, PRESIDENT.

ALBERTO ROMERO RODRIGUEZ, GUILLERMO ANTONIO GALLEGOS NAVARRETE, FIRST VICEPRESIDENT. SECOND VICEPRESIDENT.

JOSE FRANCISCO MERINO LOPEZ, FRANCISCO ROBERTO LORENZANA DURAN, TERCER VICEPRESIDENT. VICEPRESIDENT FOURTH.

ROBERTO JOSE d’AUBUISSON MUNGUIA, QUINTO VICEPRESIDENT.

LORENA GUADALUPE PEÑA MENDOZA, CARMEN ELENA CALDERON SOL DE ESCALON, FIRST SECRETARIAT. SECOND SECRETARIAT.

SANDRA MARLENE SALGADO GARCIA, JOSE RAFAEL MACHUCA ZELAYA, TERCERA SECRETARIA. SECRETARY FOURTH.

IRMA LOURDES PALACIOS VASQUEZ, MARGARITA ESCOBAR, QUINTA SECRETARIA. SECRETARY SIX.

FRANCISCO JOSE ZABLAH SAFIE, REYNALDO ANTONIO LOPEZ CARDOZA, SEPTIMO SECRETARIO. OCTAVO SECRETARY.

CASA PRESIDENCIAL: San Salvador, on the four days of October of the year two thousand thirteen.

PUBLIQUESE,

Carlos Mauricio Funes Cartagena, President of the Republic.

Franzi Hasbún Barake, Minister of Education Ad-Honorem.

D. O. No 190 Volume No. 401 Date: October 14, 2013.

JQ/adar 11-11-2013

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