JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following Organic Law.

EXPLANATORY STATEMENT

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The Spanish Constitution of 1978, when listing, in Chapter III of Title I, the guiding principles of social and economic policy, makes reference in the first place to the obligation of the Public Powers to ensure protection The social, economic and legal family of the family and within it, with a singular character, that of minors.

This concern to provide the child with an adequate legal framework for protection also transcends several international treaties ratified in recent years by Spain and, most especially, the Convention on the Rights of the Child of the United Nations 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 it plays in society and in the demand for a greater role for the same.

This need has been shared by other international bodies, such as the European Parliament, which, through Resolution A 3-0172/92, adopted the European Charter of the Rights of the Child.

Consistent with the constitutional mandate and with the general trend pointed out, a major process of renewal of our legal system in the field of minors has been carried out in recent years.

First it was Law 11/1981, of May 13, of modification of the Filation, Fatherland and Economic Regime of Marriage, which abolished the distinction between legitimate and illegitimate filiation, equated the father and the mother for purposes the exercise of the fatherland power and introduced the investigation of parenthood.

After, among others, Law 13/1983, of 24 October, on the protection; Law 21/1987, of 11 November, amending certain articles of the Civil Code and the Law of Civil Procedure in the (a) the adoption of the law of the European Parliament on the subject of adoption; the Organic Law 5/1988 of 9 June on exhibitionism and sexual provocation in relation to minors; the Organic Law 4/1992 of 5 June on the reform of the Law on Competition and the Procedure of the Courts of Minors; and Law 25/1994, of July 12, for which the Spanish legal system is incorporated Directive 89 /552/EEC on the coordination of laws, regulations and administrative provisions of the Member States relating to the pursuit of television broadcasting activities.

Of the above-mentioned Laws, the 21/1987 of November 11, is the one that has undoubtedly introduced more substantial changes in the area of the protection of the child.

In the wake of the same, the outdated concept of abandonment was replaced by the institution of the helplessness, a change that has resulted in a considerable streamlining of the procedures for the protection of the child by allowing the assumption by the competent public entity, of the protection of that entity in the cases of serious protection of the same.

Also introduced the consideration of adoption as an element of full family integration, the configuration of the family welcoming as a new institution of protection of the child, the generalization of the higher interest of the child as an inspiring principle of all actions related to that, both administrative and judicial; and the increase of the powers of the Prosecutor's Office in relation to minors, as well as their obligations.

However, despite the undoubted progress that this Law has made and the important innovations it introduced, its implementation has highlighted certain gaps, while the time since its promulgation has taken place. new needs and demands in society arise.

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

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

In this sense-and although the core core of the Law constitutes it, as it could not be otherwise, the modification of the corresponding precepts of the said Code-its content transcends the limits of this one to construct a a comprehensive legal framework for protection that links all public authorities, institutions specifically related to minors, parents and family members and citizens in general.

The social and cultural transformations operated in our society have caused a change in the social status of the child and as a result a new approach has been given to the construction of the human rights building of childhood.

This approach reinforces 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 fundamentally of the full recognition of the ownership of rights in minors and a progressive capacity to exercise them.

Post-constitutional legislative development reflects this trend, introducing the condition of the subject of rights to minors. Thus, the concept "to be heard if it has sufficient judgment" has been transferred to the entire legal order in all those questions that affect it. This concept introduces the dimension of evolutionary development in the direct exercise of their rights.

The limitations that may be derived from the evolutionary fact must be interpreted restrictively. Moreover, these limitations must be more focused on procedures, so that those who are more appropriate to the age of the subject will be adopted.

The legal system, and this Law in particular, progressively reflects a conception of underage persons as active, participatory and creative subjects, with the capacity to modify their own personal environment and social; to participate in the search and satisfaction of your needs and in the satisfaction of the needs of others.

The current scientific knowledge allows us to conclude that there is no sharp difference between the needs of protection and the needs related to the autonomy of the subject, but 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 about their personal situation and their future projection. This is the critical point of all child protection systems today. And, therefore, it is the challenge for all legal systems and devices for the promotion and protection of minors. This is the conception of the subject upon which this Law rests: the needs of minors as the axis of their rights and their protection.

Title I begins by enunciating a general recognition of rights contained in the International Treaties of which Spain is a party, which must also be used as a mechanism for the interpretation of the various norms of application to persons under age.

on the other hand, of the set of rights of minors, it has been observed that some of them need to be qualified, combining, on the one hand, the possibility of their exercise with the necessary protection which, by reason of age, children deserve.

Thus, in order to strengthen the guarantee mechanisms provided for in the Organic Law 1/1982, of 5 May, of Civil Protection of the Right to Honor, to Personal and Family Intimacy and to Own Image, the dissemination of data or images relating to minors in the media where it is contrary to their interests, even if the consent of the child is recorded. This is intended to protect the child, who can be manipulated even by his own legal representatives or groups in which he moves. It completes this modification by actively legitimizing the Prosecutor's Office.

The right to the participation of minors has also been expressly included in the article, with reference to the right to be part of associations and to promote children's and youth associations, with certain requirements, which is completed with the right to participate in public meetings and peaceful demonstrations, establishing the requirement for the authorisation of parents, guardians or guarders.

The Law regulates the general principles of action against situations of social deprotection, including the obligation of the public entity to investigate the facts that it knows to correct the situation through intervention of the Social Services or, if necessary, assuming the guardianship of the child by law ministry.

Similarly, the obligation of any person who detects a situation of risk or possible distress of a minor, to provide immediate assistance and to communicate the fact to the authority or its nearest agents is established. It is also the duty of citizens to communicate to the competent public authorities the absence of the child, on a regular basis or without justification, from the school.

Of innovation, the distinction can be characterized, in the situations of social deprotection of the child, between situations of risk and of helplessness that give rise to a different degree of intervention of the public entity. While in situations of risk, characterized by the existence of a disadvantage for the child who does not reach sufficient gravity to justify their separation from the family nucleus, the aforementioned intervention is limited to attempting to eliminate, within the family institution, the risk factors, in the situations of helplessness, where the gravity of the facts advises the extraction of the child of the family, that is concrete in the assumption by the public entity of the tutelage of the minor and the consequent suspension of the fatherland power or ordinary guardianship.

Over the course of the Law, there is a concern based on the experience gained from the implementation of Law 21/1987, to speed up and clarify the procedures of the administrative and judicial procedures affecting the child, with the the purpose of not being defenceless or unprotected at any time.

This is why, in addition to establishing itself as a general principle, that any action must take into account the interests of the child and not interfere in his or her school, social or work life, it is determined that (a) a decision assessing the existence of the situation of distress shall be notified to the parents, guardians and keepers within 48 hours, informing them and, if possible, in person in person, in person, and in a manner which is clearly and The reasons for the intervention of the administration and the possible effects of the of the decision taken.

With regard to the measures that the Judges can take to avoid situations that are harmful to children, which currently includes the Civil Code in Article 158, they are extended to all minors, and to situations that exceed the scope of parental and subsidiary relationships, which are extended to those arising from guardianship and guardianship, and establishes the possibility for the Judge to adopt them as a precautionary measure at the beginning or in the course of any civil or criminal proceedings.

In short, it is a matter of enshrining a principle of agility and immediacy in all administrative and judicial procedures that affect minors to avoid unnecessary harm that may result from the rigidity of those.

Special mention deserves the family welcome, figure that introduced Law 21/1987. This can be set up by the competent public body when the parents ' consent is met. In another case, the judge should be directed to be the one who constitutes the reception. The application of this precept has, until now, obliged public entities to internalize minors in some centers, even in those cases where the extended family has indicated its intention to receive the child, for not having the Parents ' will with the consequent psychological and emotional harm that it carries with them for children, who are unnecessarily deprived of staying in a family environment.

To remedy this situation, this Law provides for the possibility that the public entity may agree in the interest of the child with a provisional family reception. This may be agreed by the public entity when the parents do not consent or object to the reception, and it will remain in the case of the necessary file, as long as there is no judicial resolution. In this way, the constitution of the welcoming of those children over which their parents have shown the greatest disinterest is facilitated.

Until now, the legislation conceived the reception as a temporary situation and therefore the regulation of the same did not make distinctions regarding the different circumstances in which the child could be found, always giving to the Welcoming family a limited autonomy in the care of the child.

A reflection that is currently being done in many countries is whether the legal institutions for the protection of minors give a response to the diversity of situations of lack of protection in which they are located. The answer is that both the diversification of legal institutions and the relaxation of professional practices are indispensable for the qualitative improvement of the systems of protection of children. This Law opts in this direction, relaxing the family reception and adapting the framework of relations between the welcoming and the lower received according to the stability of the reception.

Taking into account the purpose of the same, three types of accommodation are collected. Together with the simple reception, when the conditions of temporality are given, in which the return of the child to his family is relatively predictable, the possibility of constituting it on a permanent basis is introduced, in those cases in which the age or other circumstances of the child or his family advise giving him greater stability, extending the autonomy of the family in relation to the functions derived from the care of the child, through the assignment by the Judge of those powers of the guardianship that facilitate the performance of their responsibilities. It is also expressly stated in the form of the preadoptive welcome that in Law 21/1987 it appeared only in the explanatory memorandum, and that it also exists in other legislations. This Law provides for the possibility of establishing a pre-adopted period, through the formalization of a reception 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 child to the family before raising the proposal to the Judge.

With this, the inadequacies of the fact that article 173.1 of the Civil Code was affected by differentiating between different types of reception, depending on whether the situation of the family can be improved and the return of the child, were not affected. risks to the latter, which the circumstances advise is to be made on a permanent basis, or which should be considered as a pre-adopted character. The extremes to be collected in the formalisation document required by the Civil Code are also contemplated.

In the matter of adoption, the Law introduces the requirement for the suitability of the adopters, which must be appreciated by the public entity, if it is the one that formulates the proposal, or directly by the Judge, in another case. This requirement, while not expressly stated in our positive right, is explicitly stated in the Convention on the Rights of the Child and the Hague Convention on the Protection of Children and Cooperation in the Field of international adoption and was taken into account in practice in the procedures for the selection of adoptive families.

The Law addresses the regulation of international adoption. In recent years there has been a considerable increase in the adoption of foreign children by Spanish adopters. At the time of the drafting of Law 21/1987 it was not such an extended phenomenon and there was not enough perspective to deal with it in that reform. The Law differentiates the functions to be directly exercised by the public entities of those mediation functions that may delegate to private agencies that enjoy the corresponding accreditation. It also establishes the conditions and requirements for the accreditation of these agencies, among which is to highlight the absence of profit by the agencies.

In addition, Article 9.5 of the Civil Code is amended by establishing the need for the suitability of adopters for the effectiveness of adoptions incorporated abroad in our country, thus giving the the commitment acquired at the time of the ratification of the UN Convention on the Rights of the Child, which requires States Parties to ensure that children who are adopted in another country enjoy the same rights as nationals in the adoption.

Finally, some aspects of the protection are also addressed in this Law, developing those articles of the Civil Code that require matizations when they affect minors. Thus, the tutelage of a minor should, where possible, tend to the integration of the child into the guardian's family. In addition, the existence of serious and repeated problems of coexistence is introduced as a cause of removal, and the child is given a hearing in this procedure.

In all the text, the intervention of the Prosecutor's Office appears reinforced, following the trend begun with Law 21/1987, expanding the channels of action of this institution, which, by its own Statute, corresponds to the representation of minors and incapable of having legal representation.

Another issue addressed in the Law is the detention of the child in a psychiatric facility and that, with the aim of achieving maximum guarantees as a child, is subject to prior judicial authorization. and to the rules of Article 211 of the Civil Code, with a mandatory report of the Prosecutor's Office, equating, for these purposes, the minor to the presumed incapable and not considering valid the consent of his parents for the internment to be considered voluntary, exception made from emergency internment.

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

In this regard, the Law regulates aspects relating to civil and procedural law and the Administration of Justice, for which it enjoys a specific constitutional qualification in paragraphs 5, 6, 6 and

.

However, in a specific final provision, the powers of the Autonomous Communities that have civil law, or special or special jurisdiction, for which the Law is declared subsidiary in respect of the specific provisions in force in those provisions.

Also, when reference is made to administrative powers, it is specified that they correspond to the Autonomous Communities and the cities of Ceuta and Melilla, in accordance with the constitutional distribution of powers and those assumed by them in their respective Statutes.

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Finally, the amendment of a series of articles of the Civil Code is incorporated into the Law in order to purge the grammatical and content mismatches produced by the successive partial reforms operated in the Code.

On the margins of other reforms that only affected the institution of the guardianship only tangentially, Law 13/1983, of 24 October, amended Title X of the Book I of the Civil Code, initialled " From the tutelage, the Curatela and the "He keeps the minors or the disabled" and improved the regime of the ordinary guardianship that already contemplated the Civil Code. Also, Law 21/1987, of November 11, gave a new wording to the articles that regulate the guardianship assumed by law ministry by public entities and whose reform is now addressed.

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

In this way, and since the basic objective of the Law is the protection of minors through administrative tutelage, the modification of other articles in their vast majority related to this matter has been incorporated.

TITLE I

Of the rights of minors

CHAPTER I

General scope and principles

Article 1. Scope of application.

This Law and its implementing provisions apply to children under eighteen years of age who are in Spanish territory, except that under the law applicable to them they have previously reached the majority. age.

Article 2. General principles.

In the application of this Law, the best interests of minors shall be the primary interest in any other legitimate interest that may be present. Also, how many measures are taken under this Law must be of an educational nature.

The limitations to the ability to act for minors will be interpreted restrictively.

CHAPTER II

Child Rights

Article 3. Reference to International Instruments.

Minors will enjoy the rights granted to them by the Constitution and the International Treaties of which Spain is a party, especially the United Nations Convention on the Rights of the Child and the other rights guaranteed in the the legal order, without any discrimination on grounds of birth, nationality, race, sex, disability or disease, religion, language, culture, opinion or any other personal, family or social circumstances.

This Law, its implementing rules and other legal provisions relating to persons under age will be interpreted in accordance with the International Treaties of which Spain is a party and, in particular, with the United Nations Convention on the Rights of the Child of 20 November 1989.

Public authorities shall ensure that the rights of minors are respected and that their actions are appropriate to this Law and to the aforementioned international regulations.

Article 4. Right to honor, to intimacy and to the image itself.

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

2. The dissemination of information or the use of images or the name of minors in the media which may involve unlawful interference in their privacy, honour or reputation, or which is contrary to their interests, shall determine the Intervention by the Prosecutor's Office, which will immediately take the precautionary and protective measures provided for in the Law and request the compensation that corresponds to the damages caused.

3. Unlawful interference in the right to honour, personal and family privacy and the image of the child itself, any use of his or her image or his name in the media which may involve prejudice to his or her honour, or reputation, or which is contrary to their interests even if the consent of the minor or his legal representatives is included.

4. Without prejudice to the actions of which the legal representatives of the child are the holders, it is in any case appropriate for the Prosecutor's Office to exercise, which may act on its own initiative or at the request of the minor or any interested person, legal entity or public entity.

5. Parents or guardians and public authorities will respect these rights and protect them against possible third-party attacks.

Article 5. Right to information.

1. Minors have the right to seek, receive and use the information appropriate to their development.

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

3. Public administrations will encourage the production and dissemination of information materials and other materials intended for minors, which respect the criteria set out, while facilitating the access of minors to the services of information, documentation, libraries and other cultural services.

In particular, they will ensure that the media in their messages aimed at minors promote the values of equality, solidarity and respect for others, avoid images of violence, exploitation in relations interpersonal or that they reflect degrading or sexist treatment.

4. To ensure that advertising or messages addressed to minors or issued in programming addressed to them, does not harm them morally or physically, it may be regulated by special rules.

5. Without prejudice to other legitimate subjects, it is in any case the responsibility of the Prosecutor's Office and the competent public authorities for the protection of minors to exercise the actions of the cessation and rectification of illegal advertising.

Article 6. Ideological freedom.

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

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

3. Parents or guardians have the right and duty to cooperate in order for the child to exercise this freedom in order to contribute to its integral development.

Article 7. Right of participation, association and meeting.

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

The public authorities will promote the constitution of bodies for the participation of minors and social organizations of children.

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

(a) The right to be part of youth associations and organizations of political parties and trade unions, in accordance with the Law and the Statute.

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

In order for children's and youth associations to be able to be civilly obliged, they must have appointed, in accordance with their Statutes, a legal representative with full capacity.

When the membership of a minor or his parents to an association prevents or harms the integral development of the child, any interested person, natural or legal person, or public entity, may address the Prosecutor's Office so that promote the protective legal measures that it deems necessary.

3. Minors have the right to participate in public meetings and peaceful demonstrations, convened in the terms established by the Law.

In equal terms, they also have the right to promote them and call them with the express consent of their parents, guardians or guarders.

Article 8. Right to freedom of expression.

1. Minors enjoy the right to freedom of expression in the constitutionally provided terms. This freedom of expression also has its limit on the protection of privacy and the image of the child itself collected in article 4 of this Law.

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

a) To the publication and dissemination of their opinions.

b) To the editing and production of broadcast media.

(c) Access to the aid granted by public administrations for this purpose.

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

Article 9. Right to be heard.

1. The child has the right to be heard, both in the family and in any administrative or judicial proceedings in which he is directly involved and which leads to a decision affecting his personal, family or social sphere.

In court proceedings, the child's appearances will be performed in an appropriate manner to their situation and to the development of the child, taking care to preserve their privacy.

2. It will be ensured that the child can exercise this right by himself or through the person he designates to represent him, when he has sufficient judgment.

However, where this is not possible or is not in the interests of the child, his/her opinion may be known by his/her legal representatives, provided that they are not an interested party and do not have any interests against those of the minor, or other persons who, by virtue of their profession or relationship of special trust with him, may transmit it objectively.

3. When the child requests to be heard directly or through a person representing him, the refusal of the hearing shall be motivated and communicated to the Prosecutor's Office and to those.

CHAPTER III

Administrative action guiding principles and measures

Article 10. Measures to facilitate the exercise of rights.

1. Minors have the right to receive appropriate assistance from public administrations for the effective exercise of their rights and to ensure their respect.

2. For the defense and guarantee of your rights the child can:

a) Apply for the protection and protection of the competent public entity.

b) To bring to the attention of the Prosecutor's Office the situations that they consider to be against their rights in order to promote the appropriate actions.

c) To file complaints with the Ombudsman. To this end, one of the Adjuns of the institution shall be permanently responsible for matters relating to minors.

d) Request the available social resources from public administrations.

3. Foreign minors who are in Spain have the right to education. They are entitled to health care and other public services to foreign minors who are at risk or under the protection or guardian of the competent public administration, even if they were not legally resident in Spain.

4. Once the guardian or guardianship referred to in the previous paragraph of this article is constituted, the competent public administration shall provide the foreign minors with the documentation of their situation, in the terms that they regulate. are determined.

Article 11. Guiding principles for administrative action.

1. Public administrations shall provide minors with adequate assistance for the exercise of their rights.

The public administrations, in the fields that are their own, will articulate comprehensive policies aimed at the development of children through appropriate means, in a very special way, as soon as they relate to the rights of the listed in this Law. Minors have the right to access such services by themselves or through their parents or guardians or institutions in an equivalent position, who in turn have a duty to use them for the benefit of minors.

Compensatory policies aimed at correcting social inequalities will be promoted. In any case, the essential content of the rights of the child shall not be affected by lack of basic social resources.

Public administrations will have to take into account the needs of the child when exercising their powers, especially in matters of control over food, consumption, housing, education, health, culture, sport, shows, media, transports and free spaces in the cities.

Public administrations will take particular account of the proper regulation and supervision of those spaces, centers and services, in which children usually remain, as far as their conditions are concerned. environmental, hygiene and human resources and their educational projects, participation of minors and other conditions that contribute to their rights.

2. The following shall be the guiding principles for the performance of public

:

a) Supremacy of the minor's interest.

(b) The maintenance of the child in the home environment of origin unless it is not appropriate for his or her interest.

c) Their family and social integration.

d) The prevention of all situations that may impair your personal development.

e) Raising awareness of the population to situations of indefencelessness of the child.

f) Promote social participation and solidarity.

g) Objectivity, impartiality and legal certainty in protective action, ensuring the collegial and interdisciplinary character in the adoption of measures.

TITLE II

Actions in the situation of social protection of minors and institutions for the protection of minors

CHAPTER I

Performances in child social protection situations

Article 12. Protective actions.

1. The protection of minors by public authorities shall be carried out by means of the prevention and remedying of situations of risk, with the establishment of the appropriate services for that purpose, the exercise of storage, and, in cases of distress, the assumption of guardianship by law ministry.

2. The public authorities shall ensure that parents, guardians or keepers properly develop their responsibilities and provide accessible services in all areas affecting the development of the child.

Article 13. Citizens ' obligations and reserve duty.

1. Any person or authority, and in particular those who, by their profession or function, detect a situation of risk or possible distress of a minor, shall inform the authority or its nearest agents, without prejudice to immediate assistance. to specify.

2. Any person or authority who is aware that a minor is not in school or does not attend the school normally and without justification during the compulsory period shall inform the public authorities. competent, who shall take the necessary measures for their schooling.

3. The authorities and persons who by their profession or function know the case will act with due reservation.

Any unnecessary interference in the child's life will be avoided in the performances.

Article 14. Immediate attention.

Public authorities and services have an obligation to pay immediate attention to any minor, to act if they fall within their scope of competence or to transfer the competent body in another case facts in the knowledge of the legal representatives of the child, or where necessary, of the Ministry of Public Prosecutor's Office.

Article 15. Principle of collaboration.

In any intervention you will be able to count on the collaboration of the child and his family and not to interfere in his or her school, social or work life.

Article 16. Assessment of the situation.

Public entities competent for the protection of minors shall be obliged to verify the situation reported and to take the necessary measures to resolve it according to the outcome of that action.

Article 17. Actions in situations of risk.

In situations of risk of any kind that impair the personal or social development of the child, who do not require the assumption of protection by the Ministry of Law, the action of the public authorities must guarantee in all The rights of the child and the social difficulties that affect the personal and social situation in which he or she is found and to promote the factors of protection of the child and his family.

Once the risk situation is appreciated, the public authority responsible for the protection of minors will put in place the relevant actions to reduce it and monitor the development of the child in the family.

Article 18. Actions in distress.

1. Where the competent public authority considers that the child is in a situation of distress, it shall act in the manner provided for in Article 172 and following of the Civil Code, assuming the protection of the child, taking appropriate protective measures. and bringing it to the attention of the Fiscal Ministry.

2. Each public entity shall designate the body to exercise the protection in accordance with its operating organic structures.

Article 19. Saves minors.

In addition to the guardian of minors who are protected by being in a situation of distress, the public entity may assume the guardian in the terms provided for in Article 172 of the Civil Code, when parents or guardians cannot take care of a child or when the Judge agrees to do so in cases where it is legally applicable.

Article 20. Family welcome.

The family accommodation, in accordance with its purpose and regardless of the procedure in which it is agreed, will cover the modalities laid down in the Civil Code.

Article 21. Specialised services.

1. Where the public entity agrees to the residential reception of a child, taking into account that it is necessary for it to have a family life experience, mainly in early childhood, it shall ensure that the child remains in the child's boarding school. possible time, unless appropriate to the interest of the child.

2. All services, functional homes or centres for minors shall be authorised and accredited by the public entity.

The public entity shall regulate in a differentiated manner the operating system of the specialised services and shall register them in the register corresponding to the entities and services in accordance with its provisions, providing special attention to the safety, health, number and professional qualifications of its staff, educational project, participation of minors in their internal functioning, and other conditions that contribute to their rights.

3. For the purposes of ensuring the protection of the rights of minors, the public authority responsible for the protection of minors shall carry out the inspection and supervision of the centres and services in a semi-annual manner and provided that they so require. circumstances.

4. In addition, the Prosecutor's Office should exercise its oversight over all centers that host minors.

Article 22. Information to family members.

The public entity that has minors under its guardian or guardianship must inform parents, guardians or guarantors about the situation of those when there is no judicial resolution prohibiting it.

CHAPTER II

From the guardianship

Article 23. Index of tulle.

For the exercise of the supervision function of the guardianship that they attribute to the Fiscal Ministry the articles 174 and 232 of the Civil Code, will be carried in each Prosecutor's Office a Index of Children's Tuths.

CHAPTER III

From Adoption

Article 24. Adoption of minors.

The adoption shall be in accordance with the applicable civil law.

Article 25. International adoption.

1. In the field of international adoption, it is up to public entities:

(a) The receipt and processing of applications, either directly or through duly accredited entities.

(b) The issue, in any case, of the certificates of suitability and, where required by the country of origin of the adoption, the issue of the monitoring commitment.

(c) Accreditation, control, inspection and the development of guidelines for the performance of entities carrying out mediation functions in their territorial scope.

The mediation functions to be performed by the accredited entities will be as follows:

-Information and advice to stakeholders on international adoption.

-Intervention in the processing of adoption files with the competent authorities, both Spanish and foreign.

-Advice and support for adoption applicants on the procedures and procedures to be carried out in Spain and abroad.

Only the non-profit entities registered in the corresponding register, which have as their purpose in their statutes the protection of minors, may be accredited with the material means and multidisciplinary teams. necessary for the development of the tasks entrusted and managed and administered by qualified persons for their moral integrity and for their training in the field of international adoption.

Public entities will be able to withdraw the accreditation granted, by means of a contradictory file to those mediation entities that no longer meet the conditions that will motivate their concession or which infringe on their performance. legal order.

2. The communication between the competent Spanish central authorities and the competent authorities of other States shall be coordinated in accordance with the provisions of the Convention on the Protection of the Child and Cooperation in the field of Adoption. International, made in The Hague on May 29, 1993 and ratified by Spain by Instrument of June 30, 1995.

3. In international adoptions, financial benefits other than those required to cover the costs strictly necessary may never be produced.

4. Competent public entities shall establish a register of complaints made by persons who come to the accredited entities of this Article.

Additional disposition first.

The rules of voluntary jurisdiction will apply to actions that follow:

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

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

3. For any other claims in respect of resolutions of public entities arising out of the exercise of their duties in the field of guardianship or child care.

In the given procedure, the resources will be supported, in any case in one effect.

The exercise of the actions in the ordinary court will always remain safe.

Additional provision second.

For the registration in the Spanish Register of adoptions constituted abroad, the person in charge of the Registry will appreciate the concurrence of the requirements of article 9.5 of the Civil Code.

Additional provision third.

With the exception of statements of intraining and prodigality, the other judicial proceedings provided for in Titles IX and X of Book I of the Civil Code shall be in accordance with the procedure laid down for jurisdiction. voluntary, with the following particularities:

1. Both the Judge and the Prosecutor's Office shall act in the interests of the child or incapable, adopting and proposing the measures, measures and evidence they deem appropriate. They will meet the needs of individuals and advise them on their rights and on how to remedy the defects in their applications.

2. The intervention of Attorney and Procurator will not be necessary.

3. The opposition of any interested party will be aired in the same procedure, without making it contentious.

Single transient disposition.

The procedures initiated prior to the entry into force of this Law will be governed by the above regulations.

Single repeal provision.

The Decree of 2 July 1948 approving the recast text of the Law on the Protection of Minors and the provisions of this Law is hereby repealed.

First disposition first.

Article 9.4 of the Civil Code will have the following wording:

"The character and content of the parentage, including the adoptive and parental-affiliated relations, shall be governed by the Personal Law of the child and if it cannot be determined, it shall be that of the child's habitual residence."

Final disposition second.

Article 9.5 of the Civil Code, third, fourth and fifth paragraphs, will have the following wording:

" For the constitution of the adoption, the Spanish consuls will have the same privileges as the Judge, provided that the adopter is Spanish and the adoption is domiciled in the consular demarcation. The prior proposal will be formulated by the public entity corresponding to the last place of residence of the adopter in Spain. If the adopter did not have a residence in Spain in the last two years, no prior proposal will be necessary, but the Consul will seek from the authorities of the place of residence of that sufficient report to assess its suitability.

In the adoption constituted by the competent foreign authority, the Law of the adoption will govern in terms of capacity and consents necessary. The consents required by such law may be provided 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 adoption in Spain will be necessary for the adoption of a Spanish.

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

Third end disposition.

Article 149 of the Civil Code will have the following wording:

" The obligation to provide food may, at his or her choice, satisfy them, or by paying the pension to be fixed, or by receiving and maintaining in his own house to which he is entitled to them.

This election will not be possible as soon as it contradicts the situation of coexistence determined for the feeder by the applicable norms or by judicial resolution. It may also be rejected where the interest of the lower-aged feeder is caused or prejudiced. "

Final disposition fourth.

Article 158 of the Civil Code will have the following wording:

" The Judge, ex officio or at the request of the son himself, of any relative or of the Fiscal Ministry, shall dictate:

1. The appropriate measures to ensure the provision of food and to provide for the future needs of the child, in the event of a failure of this duty, by his or her parents.

2. The appropriate provisions in order to prevent children from harmful disturbances in cases of change of holder of the right of guardian.

3. No. In general, any other provisions that you deem appropriate in order to remove the child from danger or to avoid harm.

All these measures may be taken within any civil or criminal proceedings or in a procedure of voluntary jurisdiction. "

Final disposition fifth.

Article 172 of the Civil Code is worded as follows:

" 1. The public entity to which, in the respective territory, is entrusted with the protection of minors, when it finds that a minor is in a situation of distress, has by law ministry the protection of the same and must adopt the measures of protection necessary for its guardian, putting it in the knowledge of the Prosecutor's Office, and notifying in legal form the parents, guardians or guarders, within forty-eight hours. Whenever possible, at the time of notification they shall be informed in an in-person manner and in a clear and comprehensible manner of the causes which gave rise to the intervention of the Administration and the possible effects of the decision taken.

It is considered as a situation of helplessness that occurs in fact because of the non-compliance, or of the impossible or inadequate exercise of the duties of protection established by the laws for the guardian of the minors, when these be deprived of the necessary moral or material assistance.

The assumption of the guardianship attributed to the public entity carries with it the suspension of the parental authority or of the ordinary tutelage. However, the acts of patrimonial content carried out by parents or guardians representing the child and beneficial to him shall be valid.

2. Where parents or guardians, due to serious circumstances, are unable to care for the child, they may apply to the competent public body which is responsible for their keeping for the necessary time.

The delivery of the guardian shall be recorded in writing, stating that the parents or guardians have been informed of the responsibilities they continue to hold with respect to the child, as well as the way in which the guardian is be exercised by the Administration.

Any subsequent variation of the form of exercise will be substantiated and communicated to those and the Fiscal Ministry.

It will also be assumed by the public entity when it is agreed by the Judge in cases where it is legally applicable.

3. The guardian assumed at the request of the parents or guardians or as a function of the guardianship by the Ministry of Law, will be carried out through the family reception or the residential accommodation. The family accommodation shall be exercised by the person or persons determined by the public entity. The residential accommodation shall be exercised by the Director of the centre where the child is received.

4. The interest of the child shall always be sought and sought, when it is not contrary to that interest, to be reinserted into the family itself and to be entrusted to the same institution or person by the guardian of the brothers.

5. If there are serious problems of coexistence between the child and the person or persons to whom he or she has been entrusted, the person or person concerned may request the removal of the child.

6. The resolutions that appreciate the helplessness and declare the assumption of the guardianship by the Ministry of the Law will be availble before the civil jurisdiction without need of prior administrative complaint. "

Final disposition sixth.

Article 173 of the Civil Code will have the following wording:

" 1. The family welcome produces the lowest participation of the child in the family life and imposes on those who receive the family's obligations to care for him, to have him in his company, to feed him, to educate him and to provide him with an integral formation. This reception may be carried out by the person or persons who replace the child's household or the functional household.

2. The reception shall be made in writing, with the consent of the public entity, whether or not the guardianship or the guardian, of the persons receiving the child and of the child if he has been completed twelve years. Where parents who are not deprived of the parental authority or the guardian are known, they shall also be required to provide or have given their consent, except in the case of a temporary family reception referred to by the paragraph 3 of this article.

The family accommodation formalisation document, referred to in the preceding paragraph, shall include the following:

1. The required consents.

2. º Mode of the reception and duration intended for the same.

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

(a) The periodicity of the visits by the family of the child being received.

(b) The system of coverage by the public entity or other civil servants of the damages suffered by the child or of the damages to third parties.

c) The assumption of living expenses, education and health care.

4. The content of the follow-up that, according to the purpose of the reception, will be carried out by the public entity, and the commitment of collaboration of the welcoming family to it.

5. The economic compensation that, if any, will be received by the host.

6. º If the host acts on a professional basis or if the reception is made in a functional home, it will be expressly stated.

7. Report of Child Care Services.

This document will be sent to the Prosecutor's Office.

3. If the parents or the guardian do not consent or oppose it, the reception may only be agreed by the Judge, in the interests of the child, in accordance with the procedures of the Law of Civil Procedure. The proposal of the public entity shall contain the same extremes as the previous number.

However, the public entity may agree in the interest of the child, a provisional family reception, which shall remain pending judicial resolution.

The public entity, once the necessary steps have been taken, and the file is completed, must present the proposal to the Judge immediately and, in any case, within the maximum period of 15 days.

4. The child's reception shall cease:

1. º By judicial decision.

2. º By decision of the persons who have received it, upon communication from them to the public entity.

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

4. º By decision of the public entity that has the guardianship or guardian of the child, when deemed necessary in order to safeguard the interest of this ears the welcoming ones.

It will be a precise judicial decision of cessation when the reception has been arranged by the Judge.

5. All actions to formalise and cease the reception will be carried out with the required reserve. "

Final disposition seventh.

A new article with the number 1717a is inserted in the Civil Code, with the following wording:

" Article 173 bis.

The family welcome may adopt the following modalities according to their purpose:

1. A simple family member, which will have a transitional character, either because of the minor's situation, the reinsertion of the child into his own family is foreseen, as long as a protective measure is adopted which magazine is more stable.

2. A permanent family member, when the age or other circumstances of the child and his or her family so advise and so inform the child care services. In such cases, the public entity may ask the judge to attribute to the welcoming persons those powers of the guardianship that facilitate the performance of their responsibilities, in any case attending to the best interests of the child.

3. Pre-adoptive family support, which will be formalized by the public entity when it raises the proposal for the adoption of the child, informed by the services of attention to the child, before the judicial authority, provided that the welcoming the requirements to adopt, have been selected and have provided the public with their consent to the adoption, and the child is in a legal position suitable for adoption.

The public body may also formalise a pre-adopted family reception when it considers, prior to the submission of the adoption proposal, 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 shall not, in any event, exceed the time limit of one year. '

Final disposition octave.

Article 174.2 of the Civil Code is worded as follows:

" 2. To this end, the public entity shall immediately inform it of the new revenue of minors and shall send it copies of the administrative decisions and the forms of formalisation relating to the constitution, variation and cessation of the use of the materials, and welcome. It will also account for any new interest in the circumstances of the child.

The Prosecutor must verify, at least semi-annually, the situation of the child, and shall promote to the Judge the protective measures that he deems necessary. "

Final disposition ninth.

Article 175.1 of the Civil Code is worded as follows:

" 1. Adoption requires the adopter to be older than twenty-five years. In the adoption by both spouses it is sufficient that one of them has reached that age. In any case, the adopter shall have at least fourteen years more than the adopter. "

Final disposition tenth.

Article 176 of the Civil Code will be worded as follows:

" 1. The adoption is constituted by a judicial decision, which will always take into account the interest of the adoption and the suitability of the adopter or adopters for the exercise of the parental authority.

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

However, no proposal is required when one of the following circumstances is present:

1. A third degree orphan and relative of the adopter in third degree by consanguinity or affinity.

2. Be a child of the adopter consort.

3. Take more than one year legally accepted under the measure of a pre-adoptive reception or have been under your tutelage for the same time.

4. Be older or less emancipated.

3. In the first three cases of the preceding paragraph, it may be adopted, even if the adopter has died, if the latter has already given his consent to the Judge. The effects of the judgment in this case shall be rolled back to the date of delivery of such consent. "

Final disposition eleventh.

Article 177 of the Civil Code will be worded as follows:

" 1. They shall consent to the adoption, in the presence of the Judge, the adopter or adopters and the adoption of more than twelve years.

2. They shall agree to the adoption in the form laid down in the Civil Procedure Act:

1. The spouse of the adopter, unless he mediates legal separation by a firm judgment or separation of fact by mutual agreement that he consists of.

2. The parents of the adopting that they are not emancipated, unless they are deprived of the homeland power by firm sentence or incourses in legal cause for such deprivation. This situation can only be assessed in an adversarial judicial procedure, which may be dealt with in accordance with Article 1,827 of the Civil Procedure Act.

It will not be necessary to assent when those who have to lend it are unable to do so, it is impossible for them to be highly appreciated in the judicial resolution that constitutes the adoption.

Mother's consent may not be provided until thirty days have elapsed since delivery.

3. They shall be simply heard by the Judge:

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

2. The tutor and, if applicable, the keeper or guarantors.

3. The adoption of less than twelve years, if it has sufficient judgment.

4. The public entity, in order to appreciate the suitability of the adopter, when the adopter takes more than one year legally accepted by him. "

Final disposition twelfth.

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

" Interment on the grounds of psychic disorder, of a person who is not in a position to decide for him, even though he is subject to the parental authority, will require judicial authorization. The latter shall be subject to detention, unless urgent reasons are necessary for the immediate adoption of the measure, which shall be taken into account as soon as possible to the Judge and, in any event, within 24 hours. The detention of minors shall in any case be carried out in an appropriate mental health facility at their age, prior to the report of the child care services. "

Final disposition thirteenth.

Article 216 of the Civil Code will have a second paragraph with the following wording:

" The measures and provisions provided for in Article 158 of this Code may also be agreed by the Judge, either on his own initiative or at the request of any interested party, in all cases of guardianship or guardian, in fact or in law, of less and unable, as soon as the interest of these is required. "

Final disposition fourteenth.

Article 234 of the Civil Code will have a last paragraph with the following wording:

"It is considered beneficial for the child to integrate into the family life of the tutor."

Additional provision 15th.

Article 247 of the Civil Code will have the following wording:

" It shall be removed from the guardianship that after deferida they incur legal cause of inability, or they misconduct themselves in the performance of the guardianship, for failure of the duties proper of the office or for the ineptitude of its ineptitude exercise, or when serious and continued co-existence problems arose. "

Final disposition sixteenth.

Article 248 of the Civil Code will have the following wording:

" The Judge, on his own initiative or at the request of the Prosecutor's Office, the tutelado or any other interested person, shall decree the removal of the guardian, upon hearing of the guardian if, as such, he appears. In addition, the tutoring shall be heard if it has sufficient judgment. "

Final 17th disposition.

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

"However, the public entity that assumes the guardianship of a minor by the Ministry of Law or by law enforcement will not need to provide bail."

18th final disposition.

1. The articles of the Civil Code listed below will be worded as follows:

Article 166 second paragraph:

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

Article 185 second paragraph:

"They shall be applicable to the dative representatives of the absent, as soon as they adapt to their special representation, the precepts that regulate the exercise of the guardianship and the causes of the inability, removal and excuse of the guardians."

Article 271:

" The tutor needs court authorization:

1. To intern to the tutored in a mental health or education or special training establishment.

2. To dispose or tax real estate, commercial or industrial establishments, precious objects and transferable securities of minors or disabled persons, or to conclude contracts or to carry out acts having a device and are eligible for registration. The sale of the right of preference for shares is excepted.

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

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

5. º To make extraordinary expenses on the goods.

6. º To file suit on behalf of the subjects to guardianship, except in urgent or small claims matters.

7. To give up lease goods for more than six years.

8. º To give and take money on loan.

9. º To have free title of goods or rights of the tutored.

10. To assign to third parties the claims which the tutelate has against him, or to acquire for consideration the credits of third parties against the tutelage. "

Article 272:

"They will not need legal authorization from the inheritance partition or the common thing division performed by the tutor, but once practiced they will require judicial approval."

Article 273:

" Before authorizing or approving any of the acts included in the two preceding articles, the Judge shall hear the Prosecutor's Office and the Tutelate, if he is over twelve years of age or consider it appropriate, and shall seek the reports that he are requested or considered relevant. "

Article 300:

"The Judge, acting on a voluntary basis, on his own initiative or at the request of the Prosecutor's Office, of the child himself or of any person who is capable of appearing on trial, shall appoint a defender whom he considers to be most suitable for the position."

Article 753:

" No effect shall be made on the testamentary provision in favour of the guardian or curator of the testator, except where the accounts have been definitively approved or, in the case where they do not have to be surrendered, after the extinction of the guardianship or conservatorship.

However, the provisions made in favour of the guardian or curator who are ascending, descending, brother, sister or spouse of the testator shall be valid. "

Article 996:

" If the sentence of incapacitation for physical or mental illness or deficiencies does not dispute anything else, the curatella may, assisted by the curator, accept the pure inheritance and simply or for the benefit of inventory. "

Article 1.057, third paragraph:

" The provisions of this article and in the previous article will be observed even if among the cohereners there are some who have had parental rights or guardianship, or to be cured by prodigality or by physical or mental illness or deficiencies; but the In these cases, the party must invent the assets of the estate, with the summons of the legal representatives or curators of such persons. "

Article 1,329:

" The unemancipated minor who under the Law may be married may grant capitulations, but he will need the contest and consent of his parents or guardian, except that he is limited to pactar the separation regime or the participation. "

Article 1,330:

"The incapacitated judicially may only grant marriage capitulations with the assistance of his parents, guardian or conservator."

Article 1,459 number 1:

"Those who perform a tutelary charge, the goods of the person or persons who are under their guard or protection."

Article 1,700 number 3:

"By death, insolvency, incapacitation or statement of prodigality of any of the partners, and in the case provided for in Article 1,699."

Number 3. of item 1,732:

"By death, incapacitation, statement of prodigality, bankruptcy or insolvency of the mandant or the president."

2. The following articles of the Civil Code are amended:

In Articles 108, 823 and 980, the words "full", "full" and "fully" are deleted, respectively.

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

The third paragraph of Article 163 is deleted.

In the first paragraph of Article 171, the words "shall not constitute the guardianship, but shall not be constituted".

At the end of the last paragraph of this same article 171 the phrase "or curatella, as appropriate" is added.

The number 1. of Article 234 is replaced by the following:

"To the spouse who coexists with the tutelage."

In article 852 is replaced "and 5. º" by ", 5. º and 6.".

In Article 855 is replaced "and 6. º" by ", 5. º and 6. º"; "169" by "170", and its last paragraph is deleted.

The second paragraph of Article 992 is deleted, and in the third paragraph, which becomes second, the word "also" is deleted.

A second paragraph is added to article 1.060 of the following tenor:

"The judicial defender appointed to represent a minor or incapacitated in a partition shall obtain the approval of the Judge, if the Judge has not provided otherwise in making the appointment."

Article 1,263 number 2 is replaced by the following:

"The incapacitated."

In Article 1.291, number 1, the words "without judicial authorization" replace "without authorization from the family council."

In Article 1,338 the words "The Child" are replaced by "The Unemancipated Minor".

In Article 1.393 number 1, the words "declared absent" are replaced by "declared, absent".

Nineteenth final disposition.

The Civil Procedure Law will be modified in the following sense:

1. Current Articles 1,910 to 1,918 of the Civil Procedure Act will go on to integrate Section III of Title IV of Book III, entitled "Provisional measures in relation to family children."

2. Section II of Title IV of Book III shall be referred to as "Measures relating to the return of minors in the cases of international abduction" and shall include Articles 1.901 to 1.909, inclusive, with the following content:

" Article 1.901

In cases where an international convention is applicable, the return of a child who has been the subject of an unlawful transfer or retention shall be sought, as provided for in this Section.

Article 1,902

The Court of First Instance shall have jurisdiction in whose judicial demarcation the child who has been the subject of unlawful removal or retention is found.

The person, institution or body that has the right of custody of the child, the Spanish central authority responsible for the fulfilment of the obligations imposed by the person concerned, may promote the procedure. convention and, on behalf of the latter, the person designating that authority.

The actions will be practiced with the intervention of the Fiscal Ministry and the interested parties will be able to act under the direction of Advocate.

The processing of the procedure shall be of a preferential nature and shall be carried out within six weeks from the date on which the child's return was requested before the Judge.

Article 1.903

At the request of the person who promotes the procedure or the Prosecutor's Office, the Judge may take the interim measure of custody of the child provided for in the following Section of this Law and any other measure of assurance that he considers relevant.

Item 1.904

Promoted to the file by the application to which the documentation required by the relevant international convention will be accompanied, the Judge will dictate, within twenty-four hours, resolution in which the a person who has subtracted or retains the child, with legal warnings, so that on the date determined, which may not exceed the following three days, appear in the court with the child and manifest:

(a) If you voluntarily agree to the return of the child to the person, institution and body that holds the right of custody; or, in another case,

b) If you object to the restitution for any of the causes set forth in the corresponding convention whose text will be accompanied by the requirement.

Article 1,905

If the requested person does not appear, the Judge will then have the procedure of his default, citing the interested parties and the Ministry of Public Prosecutor for an appearance that will take place no longer than the following five days. and shall decree the provisional measures which it considers relevant in relation to the child.

At the hearing, the applicant and the Prosecutor's Office will be heard and, if necessary and separately, the child will be heard on his return. The Judge shall resolve by order within two days from the date of the appearance, whether or not the refund is appropriate, taking into account the interest of the child and the terms of the corresponding agreement.

Article 1,906

If the requested person appears and agrees to the voluntary return of the child, the minutes shall be lifted, the Judge shall agree, by order, the conclusion of the procedure and the delivery of the child to the person, institution and body of the child. of the right of custody, as well as costs and expenses.

Article 1.907

If, at the first appearance, the required form of opposition to the return of the child, under the causes laid down in the relevant convention, be applied, the provisions of Article 1,817 of this Law shall not apply, The opposition to the same judge is being aired for the proceedings of the verbal trial. To this end:

(a) In the same act of appearance, all interested parties and the Prosecutor's Office shall be summoned to expose what they consider to be appropriate and, where appropriate, to conduct the tests, at a later hearing, to be held in compliance with the provisions of Article 730 and consistent with this Law within the time limit of five days from the first day.

(b) In addition, after the first appearance, the Judge shall, where appropriate, separate the child from the child's return and may obtain any reports that he considers relevant.

Article 1,908

Held the appearance and, where appropriate, the relevant evidence within the six days after, the Judge will order within the next three days, resolving, in the interest of the minor and in the terms of the convention, whether or not to return it. Against that order only appeal for appeal in a single effect, which must be resolved within the period of 20 days.

Article 1.909

If the Judge resolves the return of the child, it shall be established in the order that the person who transferred or retained the child pays the costs of the procedure and the costs incurred by the applicant, including those of the travel and those that cause the return of the child to the State of his habitual residence prior to the removal, which shall be made effective by the formalities provided for in Article 928 and consistent with this Law.

In the other cases, the costs of the proceedings shall be declared on their own initiative. "

20th final disposition.

The Prosecutor's Office will ensure that, in the case of a complaint procedure against the decisions of the public entities arising out of the exercise of their duties in the matter of guardianship or guardianship, they are resolved in the same file all actions and incidents affecting the same minor. To this end, it shall promote to the courts the appropriate actions provided for in the procedural law.

Final twenty first disposition.

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 of Article 5 thereof; 2 and 3, and Article 22, are supplementary legislation from which the Autonomous Communities have jurisdiction in matters of social assistance.

2. Article 10 (3), Article 21 (4), Article 23 (4), the second and third first provisions, the single transitional provision and the 19th and 20th final provisions, are laid down in the Article 149.1.2., 5th and 6th of the Constitution.

3. The remaining non-organic precepts of the Law, as well as the revisions to the Civil Code contained therein, are dictated under the protection of Article 149.1.8. of the Constitution and shall be applied without prejudice to the rules of the Communities. Autonomous regions with competence in the field of Civil, Formal or Special Law.

Final twenty second disposition.

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

Final twenty third disposition.

Articles 1; 2; 5 (3) and 4; 7 (1); 8 (2) (c); 10 (1) and (2), points (a), (b) and (d, 3 and 4, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25; Additional first, second and third parties; the transitional provision; the derogating provision, and the final provisions first to the second and twenty-fourth.

The precepts related to the preceding paragraph shall be applied as provided for in the additional twenty-first provision.

Final disposition twenty-fourth.

This Law shall enter into force on the thirtieth day of its publication in the "Official Gazette of the State".

Therefore,

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

Madrid, January 15, 1996.

JOHN CARLOS R.

The President of the Government,

FELIPE GONZÁLEZ MARQUEZ