FELIPE VI

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 law.

PREAMBLE

I

The Spanish Constitution establishes in its article 39 the obligation of the public authorities to ensure the social, economic and legal protection of the family, and in particular of minors, in accordance with the agreements international to ensure their rights.

Among these international agreements and instruments are two United Nations Conventions, the Convention on the Rights of the Child of 20 November 1989, ratified on 30 November 1990 and its Protocols The Convention on the Rights of Persons with Disabilities of 13 December 2006, an instrument of ratification of 23 November 2007. In addition, two Conventions, which have been promoted by the Hague Conference on Private International Law: the Convention on the Protection of the Child and Cooperation in the Field of International Adoption of 29 May 1993, have been ratified. on 30 June 1995 and the Convention on jurisdiction, the applicable law, the recognition, enforcement and cooperation in matters of parental responsibility and of measures for the protection of children of 28 May 2010, ratified on 6 June 2010, September 2010. Furthermore, three Conventions of the Council of Europe, on the adoption of minors, were also to be highlighted in Strasbourg on 27 November 2008, which was ratified on 16 July 2010, on the protection of children against the exploitation and sexual abuse, made in Lanzarote on 25 October 2007, ratified on 22 July 2010, as well as the European Convention on the Exercise of the Rights of the Child, made in Strasbourg on 25 January 1996, ratified on 11 December. November 2014. Finally, Council Regulation (EC) No 2201/2003 of 27 November 2003 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for the purposes of repealing the Regulation (EC) No 1347/2000.

Organic Law 1/1996, of 15 January, of Legal Protection of the Minor of partial modification of the Civil Code and of the Law of Civil Procedure, hereinafter the Organic Law of the Legal Protection of the Child constitutes, together with the This is the main regulatory framework for the rights of minors, providing for uniform protection throughout the territory of the State. This law has been the reference of the legislation that the Autonomous Communities have subsequently adopted, in accordance with their competences in this field.

However, almost twenty years since its publication, important social changes have taken place that have an impact on the situation of minors and demand an improvement in legal protection instruments, in the interests of the effective enforcement of the aforementioned Article 39 of the Constitution and the international standards referred to above.

This is how it is found in various proposals and observations made these years ago by the Committee on the Rights of the Child of the United Nations (singularly, General Comment No. 13 of 2011 on the right of the child not to be object of any form of violence and the final observations to Spain of 3 November 2010), by the Ombudsman (in his documents " Minors or adults. Procedures for determining the age "of 2011 and" Trafficking in human beings in Spain: invisible victims " of 2012), by the Office of the Prosecutor General of the State (in its Circulars 8/2011, of 16 November, on criteria for the unit of action specialised in the Ministry of Public Health in the field of child protection, and 1/2012 of 3 October on the substantive and procedural treatment of blood transfusions and other medical interventions on minors in the event of a serious risk) and in the conclusions and recommendations of the Special Committee of the Senate of Study of the problems of national adoption and other related subjects (BOCG. Senate, series I, no. 545, 17 November 2010).

According to all this, this law aims to introduce the necessary changes in the Spanish legislation for the protection of children and adolescents that will allow the children to continue to be protected. uniform throughout the territory of the State and which constitutes a reference for the autonomous communities in the development of their respective legislation in the field. In addition, and on a reciprocal basis, this law incorporates some new developments that have already been introduced by some autonomous rules these years.

The reform consists of four articles, twenty-one final provisions, plus seven additional provisions, five transitional provisions and a derogation provision. In the first article, the amendments of the Organic Law, of the Legal Protection of the Child, are collected; in the second ones that affect the Civil Code; in the third ones corresponding to the Law 54/2007, of December 28, of International Adoption, In the fourth the provisions concerning Law 1/2000, of 7 January, of Civil Procedure, in the successive Law of Civil Procedure; in the final provision first those that affect Law 29/1998, of July 13, Jurisdiction of the Jurisdiction-Administrative Jurisdiction, henceforth, Law of Jurisdiction Administrative and administrative disputes; in the final provision, second, those relating to Law 41/2002 of 14 November, basic regulation of the autonomy of the patient and of rights and obligations in the field of information and clinical documentation, hereinafter of the Autonomy of the Patient; in the final disposition third the relative to the Royal Decree Legislative 1/1995, of March 24, for which the recast text of the Law of the Workers ' Statute is approved; in the fourth final disposition the one that affects to Law 7/2007 of 12 April of the Basic Staff Regulations; in the final provision Those that affect Law 40/2003, of 18 November, of Protection of the Families of Numerous; in the final provisions sixth and seventh, those relating to the Organic Law 2/2006, of 3 May, of Education, and to the Law Organic Law 8/2013, of 9 of December, for the Improvement of Educational Quality; in the final provision eighth those corresponding to Law 43/2006, of 29 December, for the improvement of growth and employment; in the final provision ninth, the one affecting Law 39/2006, of 14 December, to promote personal autonomy and care for people in a situation of dependence; Final provisions tenth to fourteenth that affect the modification of the recast text of the General Law of Social Security, approved by the Royal Legislative Decree 1/1994, of June 20, to the Law of Criminal Procedure, to the Law 35/2011, of October 10, regulator of the Social Jurisdiction, and the recast text of the Law of Passive Classes of the State, approved by the Royal Decree Legislative 670/1987, of April 30. The last seven final provisions refer to the title of competence, enabling regulations to the cities of Ceuta and Melilla and to the government in general, to the creation of the central register of sex offenders, to the modifications and developments (a) the introduction of European legislation, the non-increase in budgetary expenditure and the entry into force.

In the first provision, the reference to the use in the legal texts of the expression "Public Entity" in relation to the Public Entity for the Protection of Territorially Competent Minors is collected. Second, the references to the pre-adopted welcome, the simple welcome and the International Adoption Collaborating Entities; the additional third provision enables the Government to promote, with the Autonomous Communities, the establishment of common criteria and minimum standards of coverage, quality and accessibility in the application of this law; the fourth additional provision establishes the legal regime of the specific centers for the protection of minors with problems of conduct of private entities collaborating with public entities competent; the fifth additional provision provides for an interterritorial mechanism for the allocation of family allowances, or, where appropriate, adoption; and the sixth provision provides for the equalisation of legal arrangements for accommodation. provided for in this law in relation to the existing rules prior to the and the corresponding legislation of the Autonomous Communities. The first two transitional provisions lay down the rules applicable to judicial proceedings already initiated on the date of their entry into force, as well as to the cessation of the judicial proceedings.

II

The amendments to the Organic Law on the Legal Protection of the Child basically refer to the adaptation of the principles of administrative action to the new needs presented by childhood and adolescence in Spain, such as the situation of foreign minors, those who are victims of violence and the regulation of certain rights and duties. On the other hand, a thorough review of the institutions of the system of protection of children and adolescents is carried out.

Articles 5 and 7 undergo changes resulting from the ratification by Spain of the Convention on the Rights of Persons with Disabilities and the need to adapt regulation accordingly.

Also, an explicit mention is made of digital and media literacy, as an essential tool for minors to develop their critical thinking and take an active part in a participatory society and in a current world that cannot be understood outside the scope of new information and communication technologies.

A new Chapter III is introduced in Title I under the heading "Debres of the Child", in line with various international and also regional norms, in which, from the conception of minors as citizens, they are recognized as co-responsible for the companies in which they participate and, therefore, not only holders of rights but also of duties. In this sense, four new articles are introduced in which the duties of minors in general and in the family, school and social areas in particular are regulated.

Article 10 strengthens measures to facilitate the exercise of the rights of minors and establishes an appropriate regulatory framework for minors in respect of minors, recognising, in respect of those who are find in Spain and regardless of their administrative situation, their rights to education, health care and social services, as they are set out in the Organic Law 4/2000 of 11 January on the rights and freedoms of the in Spain and its social integration, and in Law 16/2003, of 28 May, of cohesion and quality of the National Health System.

Likewise, the right to obtain the mandatory residence documentation for all foreign minors who are protected by the Public Entities is recognized once the impossibility of return has been established with their family or country of origin.

Article 11 introduces the protection of minors against any form of violence, including that produced in their family, gender, trafficking and trafficking environment as the guiding principle of administrative action. human beings and female genital mutilation, among others. In accordance with this, the public authorities will develop actions to raise awareness, prevention, assistance and protection against any form of child abuse, establishing the procedures to ensure coordination between the Competent Public Administrations.

In close connection with the foregoing, Article 12 provides the necessary support to ensure that minors under the parental authority, guardianship, guardian, or shelter of a victim of domestic or gender-based violence can remain with the same. In addition, the presumption of a minority of age is introduced for a person whose age has not been able to be established safely, until it is finally determined.

In this same article, the guiding principles of the reform of the institutions of protection to childhood and adolescence are collected, pointing out that priority will be given to the stable measures against the temporary ones, to the family members versus the residential ones and the agreed upon the imposed ones. These principles, system vertebrates, have already been established in the Guidelines on alternative modalities of care for children of the United Nations General Assembly of 24 February 2010 and in various approved documents. by the International Social Service. In addition, in Article 12, another of the axes of this reform is included, as is the obligation of the Public Entities to review, in concrete terms, the protective measures taken. In this way, personal monitoring of each child, child or adolescent and a review of the protection measure is required.

In Article 13, two new paragraphs are incorporated in relation to crimes against freedom and sexual indemnity, trafficking in human beings and exploitation of minors. On the one hand, it is the duty of all persons who are aware of a fact that could constitute a crime against the freedom and sexual indemnity, trafficking in human beings or exploitation of minors, to put it in knowledge of the Prosecutor's Office. It is also established as a requirement to be able to access and pursue a profession or activity involving habitual contact with minors, not having been convicted of crimes against freedom and sexual indemnity, trafficking in human beings or exploitation of By giving effect to the commitments made by Spain in the ratification of the Convention on the Protection of Children from Sexual Exploitation and Abuse of 25 October 2007 and the Directive of the European Parliament and of the Council 2011 /93/EU of 13 December 2011 on the fight against sexual abuse and exploitation sexual child pornography and child pornography and the replacement of Council Framework Decision 2004 /68/JHA.

Directly related to the above and the prevention effects, the Central Registry of Sex Offenders will be created within the system of administrative records to support the Administration of Justice. the identity of those convicted of crimes against freedom and sexual indemnity, trafficking in human beings, or exploitation of minors, and information on their genetic DNA profile. This is intended to make it possible to monitor and control people convicted of these crimes not only in Spain but also in other countries. The General Administration of the State shall also collaborate with the competent authorities of the Member States of the European Union to facilitate the exchange of information in this field.

According to the principles mentioned above, the reform of the institutions of protection to children and adolescents is operated, and a more complete state regulation of the situations of risk and of In the case of the Court of Justice, the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of First these years.

Thus, in Article 14, the institution of the provisional guardian is regulated within the immediate care measures, which will subsequently be developed in Article 172 of the Civil Code.

In relation to the risk situation, and through the reform of Article 17, this figure and its procedure are developed in a comprehensive way, both of which were not regulated at the state level. The appropriate intervention to alleviate and intervene in the situations of risk in which minors may be found becomes of capital importance in order to preserve their higher interest, avoiding in many cases that the situation is aggravated, and that they must A much more traumatic and higher cost individual, family and social decision, such as the separation of the child from his or her family.

The regulation provides that the project of action can be agreed with the parents or other legal persons, thus responding to the principle already mentioned that the solutions agreed in front of those imposed should be taken first. If they refuse to subscribe or do not subsequently cooperate in the subscription, the risk situation shall be declared by administrative decision, in order to ensure that they are informed of how they should act to avoid further disclosure. Of helplessness.

Special relevance is given to intervention in situations of possible prenatal risk for the purpose of avoiding a possible declaration of risk or neglect of the newborn. A solution is also foreseen for the cases of health care necessary for the child not consented to by their parents or other legal persons, which also entails the modification of the Law of the Autonomy of the Patient.

There are two main developments regarding the regulation of homelessness. In Article 18, the definition of the situation of neglect as set out in Article 172 of the Civil Code is completed, establishing, for the first time in a State rule, the circumstances which determine it, thereby introducing a important clarification and unification of criteria for their declaration. It should be noted that for the purposes of paragraph (d), which establishes as a cause of neglect the usual consumption of substances with addictive potential by parents, guardians or guarders, the consumption criteria are understood as usual. harm, abuse or dependence, according to the definitions of the World Health Organization or the American Psychiatric Association.

In addition, the competition of the Public Entities is regulated for the first time with respect to the protection of the Spanish minors in a situation of lack of protection in a foreign country and the procedure to be followed in case of a transfer of a less protected from an Autonomous Community to a different one, issues that were not contemplated so far.

Article 19 provides for the maximum duration of two years of the child's custody requested by the parents, unless the higher interest gives an exceptional advice on the extension of the child's care. In this way, it is intended to avoid the chronic situations of voluntary guards in which parents give the care of their children to the public authorities "sine die", depriving them of this route of family solutions and permanent, precisely during the key years of early childhood.

The principle of the priority of the family of origin must be highlighted, both through the aforementioned regulation of the risk situation, and when it is pointed out, in the new article 19a, which, in the case of guardianship or guardianship (a) the administrative authority of the child, the Public Entity shall draw up an individual protection plan, including a family reintegration programme, where the latter is possible. This article incorporates the criteria that the judgment of the Supreme Court in Case 565/2009 of 31 July 2009 has established to decide whether family reintegration is in the best interests of the child, including the passage of time or integration into the host family. This same article provides for the family reunification of unaccompanied foreign minors.

In Article 20, in order to promote agility and to preserve the interest of minors, the constitution of the family reception is simplified, equating it to the residential, even if it does not exist prior to the parent or guardian, without prejudice to the judicial review of the parent or guardian. On the other hand, for reasons of legal technique and improvement of location, Article 20 of the Civil Code has so far been established in Article 173 on the formalisation of the reception and content of the annex document which must accompany the The same applies, as in the case of adoption, to the need to assess the adequacy of the host, and define the criteria of the same, criteria that were not previously included in the state regulations. In addition, the two types of accommodation in relation to the characteristics of the homely family are defined more in line with the reality of the protection of the children, referring to the reception in the family's own extended family or in the family. family.

In Article 20a, for the first time, the status of the family friendly as a set of rights and duties is regulated. The transcendent role played by host families makes it very convenient that a general provision outlines its status and has thus been highlighted in the conclusions of the Special Committee of the Senate of Study of the Problem of the national adoption and other related topics. In addition, an article 21a has been included in which the rights of the child under reception are collected.

In relation to residential accommodation, Article 21 includes the provision of the priority of family accommodation in relation to residential accommodation. This is an ambitious provision whose foundation lies in the fact that the child needs a family environment for the proper development of his/her personality, in which there is a complete consensus among the psychologists and pedagogues. If this objective is common for all, when they are under six years old, and even more marked and indispensable if they are less than three, convenience becomes unavoidable, without prejudice to introducing a flexible forecast to give coverage of cases where, for duly justified reasons, the entry into the protection centre is the only measure at issue, or where the residential accommodation is in the best interests of the child.

On the other hand, and in relation to residential accommodation services (so far called specialized services and now called "residential accommodation" to use a terminology equivalent to that of "welcoming" '), their basic characteristics, their necessary adjustment to quality criteria and the preferential nature of family solutions are set out in general.

In addition, all residential accommodation centres providing services to minors in the field of protection should always be provided administratively by the Public Entity.

On the other hand, Article 22a incorporates the obligation of the Administration to prepare young people for independent living, a matter of great social importance and of which there are already good practices of Public Entities and of the Third Sector for Social Action in Spain.

Article 22b establishes the creation of a system of state information on the protection of minors to be carried out by the Public Entities and the General Administration of the State that will allow the knowledge and monitoring of the the situation of the protection of children and adolescents in Spain, not only for statistical purposes but also for the specific follow-up of the protection measures taken in respect of each child, as well as for the persons offered for the welcoming and adoption. Article 22c introduces rules governing the processing of personal data of minors on the basis of their higher interest and Article 22d lays down the obligation to assess the impact on children and adolescents in all regulatory projects.

Finally, Articles 23 and 24 undergo terminological reforms.

III

The main changes to the Civil Code are related to the Spanish system for the protection of minors and, therefore, are in close relation to those already mentioned in the previous section. However, other aspects related to this matter are also modified.

First, the rules of private international law, in particular Article 9 (4), (6) and (7), conflict rules concerning the law applicable to parentage, the protection of minors and the elderly and the Food obligations. These changes are, on the one hand, responding to the incorporation of Community or international rules and terminological adaptations to them and, on the other, to technical improvements in the determination of the factual or connection points. and its temporal accuracy.

A new paragraph is introduced in Article 19 to provide for the recognition by the Spanish legal system of dual nationality in cases of international adoption, in which the legislation of the country of origin of the adopted child provides for the preservation of his/her nationality of origin.

On the other hand, the rules on filiation actions are modified. The proposed regulation responds to the fact that the first paragraph of Article 133 has been declared unconstitutional, inasmuch as it prevents the non-marital parent from claiming the filiation in cases of non-possession of state (sentences) of the Constitutional Court number 273/2005 of 27 October 2005 and number 52/2006 of 16 February 2005.

In similar terms, the first paragraph of Article 136 has been declared unconstitutional, inasmuch as it implies that the period for the exercise of the action of impeachment of the marriage paternity begins to run even though the husband Ignore the fact that he is not the biological progenitor of whom he has been registered as his son in the Civil Registry (judgments of the Constitutional Court 138/2005 of 26 May 2005 and 156/2005 of 9 June 2005), this being the main reason for the reform which is proposed. The table of reforms is completed at this point with the ones listed in Articles 137, 138 and 140 of the Civil Code.

An amendment to Article 158 of the Civil Code is operated, based on the principle of agility and immediacy applicable to precautionary incidents affecting minors, in order to avoid unnecessary harm that may result from (a) the right to apply the right to the right of the child to be treated as a victim of the abuse or to the victim of the abuse or to those who, without being the victim, may be at risk. With the amendment of Article 158, it is possible to adopt new measures, a prohibition of approximation and of communication, in parental-subsidiary relations.

Article 160 extends the child's right to relate to his or her relatives by expressly including the brothers.

In relation to the regulation of the system of visits and communications, with the modification made in Article 161, the competence of the Public Entity is clarified in order to establish by reasoned resolution the regime of visits and communications with regard to minors in the situation of guardianship or guardianship, as well as their temporary suspension, thus informing the Prosecutor's Office. It should be noted that the international recognition of the right of the child to maintain direct and regular contact with both parents, unless this is contrary to their best interests (Article 9.3 of the Convention on the Rights of the Child), also extends to minors separated from their family by the Public Entity.

In relation to the regulation of homelessness, and in addition to the provisions of Article 18 of the Organic Law on the Legal Protection of the Child already mentioned, the previous article 172 of the Civil Code is divided into three articles separate the regulation of situations of distress (Article 172), from the guardian at the request of the parents or guardians (Article 172a) and from the measures of intervention in both cases (Article 172 b) by means of residential accommodation and family.

In relation to Article 172, the legitimacy of the parents is maintained to promote the revocation of the administrative decision to protect the child and to oppose the decisions that are taken regarding the protection of the child. during the two-year period from the notification, adding that after those two years, only the Fiscal Ministry will be legitimized to challenge the resolutions that the Public Entity will dictate on the child. Furthermore, it is noted that during that two-year period the Public Entities, in order to weigh the situation, will be able to take any protective measures they consider necessary, including the adoption proposal, when there is a forecast of irreversibility.

In this same article, the possibility of assuming the provisional guardian without prior declaration of helplessness or express request of the parents is established, while the precise measures for the identification of the less, the investigation of their circumstances and the finding of the real situation of helplessness. The provisional guardian, although essential to deal with emergency situations, should have temporary limits, since in another case situations of legal uncertainty could be generated. Therefore, the obligations of the Entities and the role to be played by the Prosecutor's Office are foreseen, as the superior watchdog of the administrative action. In addition, new cases of cessation of administrative guardianship that respond to the increasing mobility of some protected minors are foreseen.

In relation to the voluntary guardian, in close connection with Article 19 of the Organic Law on the Legal Protection of the Child, in Article 172a it is established that the guardian at the request of the parents may not exceed the a maximum period of two years, except for the extension of exceptional circumstances, after which, or the extension, the child must return with his parents or guardians or be given a new permanent protection measure.

In Article 172, the priority of the family reception is given to the residential one, and the possibility of agreeing, by the Public Entities, stays, weekend departures or holidays with families, is also regulated. of origin or alternatives, or institutions suitable for minors in reception and the possibility is established that, in cases of distress or guardian at the request of the parents, the Public Entity may fix an amount to be paid by the parents or guardians in terms of food and care costs and care for the child.

Following a few minor amendments to Article 173, Article 173a redefines the arrangements for family accommodation on the basis of their duration. The provisional acceptance, which will no longer be necessary in view of the simplification of the family reception, as well as the pre-adoption procedure, which is currently a stage of the adoption procedure, is abolished. This brings clarity to the true assumptions of family accommodation, which will be put into effect in an emergency, temporary accommodation (so far called simple), with a maximum duration of two years, unless the interest The child should be advised to carry out an extension, and permanent accommodation.

The high functions entrusted to the Prosecutor's Office, as a superior guardian of administrative action in the protection of minors, must be accompanied by sufficient means to enable them to exercise them in a manner effective, preventing their efforts from being limited to a simple voluntarism lacking practical operability or that their performance is merely symbolic. For such purposes, it is expressly assigned the possibility to request additional reports from those presented by the Public Entity.

In Article 175 and in relation to the capacity of adopters, the inability to adopt those who cannot be guardians is established, and, in addition to the provision for the minimum age gap between adopters and adopted, a difference of maximum age is also established to avoid that the discrepancies which exist in the autonomic regulation on maximum ages in suitability, cause undesirable distortions.

Moreover, Article 176 is incorporated into a definition of the suitability to be adopted in order to strengthen legal certainty, and a provision is expressly included in the light of which they may not be declared suitable for the purpose of adoption of parents who are deprived of parental rights or who have suspended their exercise, or have entrusted their child's guardian to a Public Entity. With regard to the action of the Public Entity in the judicial procedure of adoption, two important new developments are produced. First, it is required that the statement of suitability of the adopters is necessarily prior to the proposal for adoption which the Public Entity formulates to the Judge, a matter which was not clearly established; and, secondly, the cases where the prior proposal of the Public Entity for the Protection of Minors is not required to initiate the judicial file for adoption.

An article 176a that regulates "ex novo" is introduced for adoption purposes. This legal provision will allow, prior to the Public Entity to make the corresponding proposal to the Judge for the constitution of adoption, the provisional cohabitation between the minor and the persons considered suitable can be initiated for such adoption until the appropriate judicial decision is made, in order to prevent the child from having to remain in a protection centre or with another family during that time. This may take place by means of a corresponding delegation of the Public Entity's guardian.

In relation to the adoption procedure, Article 177 adds, among those who must agree to the adoption, to the person to whom it is united by analogous relation of affectivity to the conjugal. Furthermore, in order to ensure consistency in the system, it is noted that, without prejudice to the right to be heard, the consent of the parents for adoption will not be necessary if two years have elapsed without taking action by the revocation of the situation of distress or where it has been exercised, they would have been rejected. It is also stated in this article that the mother's consent may not be given until 6 weeks have elapsed since the birth, instead of the 30 days now in force, thus complying with the provisions of the European Convention of Adoption in Strasbourg on 27 November 2008 and ratified by Spain.

Article 178 includes, as an important novelty, the possibility that, despite the fact that the legal links between the adopted and its family of origin are extant, it can be maintained with some a member of her some form of relationship or contact through visits or communications, which could be called an open adoption. To this end, it will be necessary for the decision to make the adoption so agreed by the Judge, on a proposal from the Public Entity, after a positive assessment in the interest of the child by the professionals of that Public Entity, and the consent of the adoptive family and the child with sufficient maturity and, in any case, if they are more than twelve years old. The professionals of the Public Entity will have to support the parties and participate in the follow-up of this relationship, informing on the desirability or not of their permanence in time, based on an assessment of the results and consequences that the has for the minor, as an absolute priority, beyond the interest that can be assumed for adopters and their family of origin.

This is an established figure with different amplitude and content in the legislation of various countries, such as the United States of America, Great Britain, Austria, Canada or New Zealand. In some cases it is configured as "a private agreement between the parties", with supervision and support of the Public Entities, and in others it must be confirmed by a Judge, to whom the decision on its possible modification or finalization would correspond, as is the model included in this law.

The opportunity to introduce this figure in our legal order is due to the search for consensual, family and permanent alternatives that will allow some minors to be provided with family stability, especially the most major, whose adoption presents more difficulties. Through open adoption, the institution of adoption is relaxed, making it possible for the family of origin to accept the "loss" better, and that the child can benefit from a stable life in his adoptive family, maintaining links with the family from which he comes, especially with his siblings, and with whom, in many cases, has maintained a relationship during the welcoming, relationship that although not formalized continues through the way of fact.

Article 180 strengthens the right of access to the origins of the persons adopted, obliging the Public Entities to guarantee and maintain the information during the period provided for in the European Convention of Adoption, and to the other entities to collaborate with the former and with the Fiscal Ministry.

Article 216 contains the limitation of the active legitimization to request the measures and provisions provided for in Article 158 of the Civil Code, in the case of minors who are under the protection of the Public Entity, instance of the latter, of the Prosecutor's Office or of the child himself.

The necessary modifications are made to the regulation of the ordinary guardianship of minors and persons with the modified capacity judicially in a situation of helplessness provided for in Articles 239 and 239 bis. In addition, Article 303 includes the possibility of judicially granting tutoring powers to the guarders. In addition, the cases of guarantors in fact must be based on the declaration of helplessness and the cases before which the parental authority or guardian has to be deprived of the country.

Finally, a new wording is given to Articles 1263 and 1264 regarding the provision of the consent of minors in certain areas.

IV

The amendments proposed to the Law on International Adoption respond to several needs. On the one hand, the scope of the law is clarified which, in its initial wording, only refers to the content of Titles II and III, obviating Title I, and defines the concept of international adoption for the purposes of the law as it does. the 1993 Hague Convention, since the provisions of Title I, as defined in Article 1 (2), were not applicable to many of the cases of international adoptions without international movement of the less, confusion has been generated in specific situations.

The competencies of the various Public Administrations are disulted. Thus, the decision to initiate, suspend or limit the processing of adoptions with certain countries, as well as the accreditation of the agencies, are determined as the powers of the General Administration of the State. to act as intermediaries in international adoptions, in terminology of the Hague Convention, referred to above referred to as collaborating entities for international adoption, without prejudice to the necessary intervention of the Entities Public of the Autonomous Communities.

Moreover, the autonomous competence for the control, inspection and monitoring of the accredited bodies in terms of their actions in their territory is maintained, but the General Administration of the State is expected to be the competent for the control and monitoring of the intermediation which the accredited body carries out abroad.

The higher interest of the child is highlighted as a fundamental consideration in adoption and future adopters are defined, not as applicants, but as people who are offered for adoption. Following the terminology of the Hague Convention, international adoption partners are renamed accredited bodies for international adoption.

In addition, the forecasts for the guarantee of international adoptions are reinforced, pointing out that they can only be carried out through the intermediary of accredited bodies and in the cases of countries that are signatories to the Convention of La There are and with certain conditions by the intermediary of the Public Entities. The controls on undue financial benefits are reinforced in Articles 4, 6 and 26.

The obligations of adopters, both in the pre-adopted phase, are more clearly set out in Article 11, given that prior information and training is the greatest guarantee for the success of adoptions, as in the postadoptive by the establishment of legal consequences of non-compliance with the post-adoption obligations to which parents and public administrations are obliged to the countries of origin of minors.

Important changes are made to the rules of private international law which basically answer the following questions: delete references to amendment and review of adoption, legal figures (Article 15); to improve the regulation of consular adoption by restricting it to cases where the proposal for a public entity is not required (Article 17); to establish the impossibility of taking up minors whose national law prohibits them, with some matization, to avoid existence In the case of the Commission, the Commission has taken the necessary steps to ensure that the rules of competition are not complied with. The International Commission of the European Union, the International Commission of the European Union, the International Commission of the European Union, the European Commission, the European Commission, the European Commission, the European Commission, the European Commission, the European Commission, the European Commission, the European Commission, the European Commission, the European provided for in Articles 14 and 15 of the Act, which allows the authority which recognises to carry out its Without having to resort to a complex and unnecessary proof of foreign law. Moreover, the budget for the control of the law applied or applicable, which is outside the Spanish system for the recognition of foreign decisions and resolutions, is replaced by the budget of the non-contractual adoption of the adoption of the law. Spanish public order, giving concrete this indeterminate legal concept in cases of adoptions where the consent of the family of origin has not existed, has not been informed or obtained by price, in order to avoid that in this field "stolen children" are supposed to be adopted from international adoption.

Finally, Article 24 is amended to regulate the international cooperation of authorities in the cases of adoptions made by Spanish adopters and resident in the country of origin of the adopted.

Finally, in relation to the other measures for the protection of minors, the appropriate reference is made to two Community Regulations and an essential Hague Convention in this field, and the recognition system is improved. in Spain these measures, similar to that provided for in French law, which has recently been endorsed by the European Court of Human Rights in the case ' Harroudj c. France " of 4 January 2013.

V

The Civil Procedure Law is amended to strengthen effective judicial protection in defense of the rights and interests of minors, by introducing improvements in existing procedures, aimed at making them more effective. effective and clarifying points that in practice have generated contradictory interpretations.

In order to strengthen the principle of speed, vital in the processes in which the interests of minors are resolved and in order to avoid contradictory resolutions, provisions are introduced, in line with the forecasts of the Organic Law on the Legal Protection of the Child, to promote accumulation when there are several processes of impeachment of administrative resolutions in the field of protection in progress that affect the same minor.

Therefore, the general rule of the accumulation of processes is introduced in Article 780 of the Law on Civil Procedure and a special provision is introduced in Article 76, in order to determine that, in general, all the In the case of the case-law of the Court of State, the Court of State held that the Court of State held that the Court of State held that the Court of State held that the Court of This is ensured by providing that the cumulation is promoted, even ex officio, by the court which is aware of the existence of a second or subsequent process.

The need to clarify procedural aspects of the protection of children and adolescents is evident in the current regime for the provisional execution of judgments handed down in the process of opposition to the administrative decisions on the protection of minors. Although the general interpretation of Article 525 of the Law on Civil Procedure has led to the impossibility of provisional execution of this class of judgments and, in particular, of those given as a result of a process of Article 780 of the Law on Civil Procedure provides that the wording of paragraph 1. of that Article 525 does not clearly and expressly refer to them.

The prohibition on the provisional execution of judgments in the proceedings of opposition to administrative decisions in respect of administrative decisions is therefore expressly, clearly and in accordance with this Article. the protection of minors, in order to avoid the loss of a sentence of this nature which would be provisionally executed for the minor. When the judgment given in the first instance decides to revoke a protection measure and the Public Entity or the Prosecutor's Office resort, the lower interest of the child requires that his/her status not be changed until the matter is resolved in second instance, since another procedure could seriously damage their rights and disturb the necessary stability in their family relations. This clearly justifies the express provision of the exclusion from the provisional execution of such judgments.

Moreover, in Articles 779 and 780, in addition to including the necessary terminological adaptations in coherence with the Organic Law on the Legal Protection of the Child, the period of two months for the formulation of opposition with respect to all administrative decisions on child protection, eliminating the differentiation in respect of the declarations of distress.

The same procedure is established for the opposition to all administrative resolutions, regardless of their content or the persons concerned, extending the active legitimacy.

And finally, with the reform of Article 781, the cases in which the parents of the adopter were supposed to be recognised as having been recognised in the course of the adoption of the adoption file are concentrated in a single procedure. the need to grant their assent to adoption, with the aim of giving a unit of action to such claims, which will have an impact on a streamlining of the procedure.

VI

In the final provision, the Law of Jurisdiction-Administrative Jurisdiction is amended. The attribution of jurisdiction for the authorisation of entry into service for the execution of an administrative decision on the protection of minors from the Court of First Instance and not the Courts of the Administrative-Administrative Court, as until now, it makes it necessary to modify the competences attributed to them in the aforementioned law.

The Law of the Autonomy of the Patient is reformed in the final disposition second incorporating the criteria listed in Circular 1/2012 of the Attorney General of the State on the substantive and procedural treatment of the conflicts for blood transfusions and other medical interventions on minors in case of serious risk. This circular postulates in its conclusions the necessary introduction of the subjective criterion of maturity of the child together with the objective, based on age. This mixed criterion is assumed in the legal text.

A new paragraph 4 of Article 9 is introduced for the sake of clarity, in relation to emancipated minors or over 16 years of age in relation to which consent cannot be granted by representation, except in the case of a performance of serious risk to life or health.

In addition, Article 9 (6) is added to Article 9 (6) in which it is established that in cases where the consent is granted by the legal representative or persons connected for family reasons or in fact, the The decision must be taken on the basis of the greatest benefit for the patient's life or health, and if not, the judicial authority, directly or through the Prosecutor's Office, must be informed to adopt the decision. corresponding.

The third final provision amends the Staff Regulations, Article 37 (f) of which provides for the permit of the worker ' for the time required for the conduct of prenatal examinations and preparation techniques to the delivery to be carried out within the working day ". This article only takes into account biological maternity and non-maternity/adoptive parenthood and, in some cases, family accommodation. The adoption and welcoming of the adoption and the welcoming families in some autonomous communities must be compulsory for information sessions and preparation, and in the case of adoption they must be required to obtain a a certificate of suitability after a psychosocial study which sometimes involves more than five interviews. These legal requirements could be considered as a preparation for adoption and should therefore be regarded as a standard for paid leave, as they are compulsory for all adoptive families, as opposed to preparation for delivery, which is not. In addition, in these cases, both parents must attend the preparation and the interviews, in contrast to the prenatal examinations and the techniques of preparation for delivery, to which only the mother is strictly necessary. For all this, this modification will equip the adoptive or the host families with the biological ones.

In relation to this initiative, it must be significant that, although the change introduced would be applicable to the employees of the Public Administrations, it does not apply to the official staff, which is governed by the provided for in Law 7/2007 of 12 April. The fourth amendment to Article 48 (e) of this Law, which provides for the same provision of the Staff Regulations, is therefore incorporated in the fourth final provision, in order to enable public officials to enjoy this permission.

The fifth final provision amends Law 40/2003, of 18 November, of Protection of the Families of Numerous, to reform the conditions of maintenance of the effects of the official title of large family. The current legislation conditions the validity of the title until the number of children who meet the required requirements is the minimum set. This means that when the older siblings leave the title, because they fail to meet the age requirement, the family may lose the right to the title if there are fewer than three or two siblings who meet the requirements, giving the paradox that the younger siblings who have generated for the family the right to the title then cannot enjoy these benefits. Taking into account that, in a very high percentage, the titles in force correspond to numerous families with three or two children, the maximum age for the greater the loss of the title and all the benefits for the whole family quite often. For this reason, this reform is intended to accommodate the effective situation of large families and avoid a situation of discrimination between the brothers.

The sixth and seventh final provisions introduce amendments to the Organic Law 2/2006 of 3 May of Education and the Organic Law 8/2013 of 9 December for the Improvement of Educational Quality to review the criteria for the allocation of school places with a view to taking into account the legal status of a large family and the situation of family accommodation of the pupil or pupil, as well as increasing the reservation of places in educational centres for cases of the start of a family accommodation measure in the pupil or pupil.

The eighth final provision amends Law 43/2006 of 29 December for the improvement of growth and employment as a result of the need for the protection of persons who have been victims of trafficking in human beings.

The ninth final provision amends Law 39/2006, of 14 December, of the Promotion of Personal Autonomy and Care for Persons in a State of Dependence so that the economic benefits cannot be embargoed except in the case of the payment of the food, in which it is the court which shall fix the quantity which may be the subject of an embargo. In this way, the interest of the child is preserved, to which the person in a situation of dependence could owe food.

For its transcendence and importance, the final provisions of the General Law of Social Security, the Law of Passive Classes of the State, the Law of the State of the State, the Law of the State of the State, and the Law of Criminal prosecution and the Law of the Social Jurisdiction, in order to regulate the consequences of the crime of intentional homicide in the field of the benefits of death and survival of the system of Social Security and in favor of Family members of the State Passive Classes Regime, from a global perspective that reinforces the fight against gender-based violence and guarantees the rights of the most vulnerable groups, particularly minors.

More specifically, the new legislation prevents access to the aforementioned benefits and the maintenance of their enjoyment to those convicted of a firm sentence by the commission of a criminal offence of homicide, in any of the its forms, where the victim is the subject of the benefit. And all this is accompanied by instruments which, from the respect of the necessary legal guarantees, allow the Administration to suspend the payment of the benefits which, if necessary, would have been recognised when it has fallen on the applicant for a judicial decision resulting in a rational indication of criminality by the commission of the said offence, as well as the ex officio review of the rights recognised when a final judgment is given. In addition, the necessary communication and coordination mechanisms are articulated with the courts and courts of justice for a more suitable application of the new regulation, within a context that also pays attention to the rights of the orphans, in order to prevent persons convicted of the crime of intentional homicide from being able to receive on their behalf the corresponding pension, also by providing for the relevant increases where the widow's pension is refused or withdrawal to the convicts.

A new regulatory environment that improves the existing one is completed and represents an additional step of great importance from the perspective of social protection mechanisms within a particularly sensitive and in the one to be contoured with initiatives and actions from the different areas to ensure a comprehensive protection framework.

Article first. Amendment of Organic Law 1/1996, of 15 January, of Legal Protection of the Child, of partial modification of the Civil Code and of the Law of Civil Procedure.

Organic Law 1/1996, of 15 January, of Legal Protection of the Child, of partial modification of the Civil Code and of the Law of Civil Procedure, is amended in the following terms:

One. The heading of Title I is amended as follows:

" TITLE I

Of the rights and duties of minors "

Two. Article 5 (1) and (3) are amended as follows:

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

Special attention will be given to digital and media literacy, in a way adapted to each evolutionary stage, that allows minors to act in line with security and responsibility and, in particular, to identify situations of risk arising from the use of new information and communication technologies as well as tools and strategies to address these risks and to protect themselves against them. "

" 3. The Public Administrations will encourage the production and dissemination of information materials and others 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 including adequate awareness of the legal offer of leisure and culture on the Internet and on the protection of intellectual property rights.

In particular, they will ensure that the media in their messages aimed at minors promote the values of equality, solidarity, diversity and respect for others, avoid images of violence, exploitation in relationships interpersonal, or that they reflect degrading or sexist treatment, or discriminatory treatment of people with disabilities. In the field of self-regulation, competent authorities and bodies shall, among the means of communication, promote the generation and supervision of compliance with codes of conduct intended to safeguard the promotion of securities. described above, limiting the access to images and digital content that are harmful to minors, according to the codes of self-regulation of approved content. Accessibility shall be ensured, with the necessary reasonable adjustments, of such materials and services, including those of a technological nature, for minors with disabilities.

Public authorities and providers shall encourage the full enjoyment of audiovisual communication for minors with disabilities and the use of good practice to prevent any discrimination or negative impact on children with disabilities. people. "

Three. Article 7 (1) is amended as follows:

" 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 and adolescents.

It will ensure the accessibility of environments and the provision of reasonable accommodation so that children with disabilities can develop their social, cultural, artistic and recreational life. "

Four. A new Chapter III is introduced in Title I, with the following wording, passing the current Chapter III to Chapter IV:

" CHAPTER III

Minor duties

Article 9a. Duties of minors.

1. Minors, according to their age and maturity, must assume and fulfill the duties, obligations and responsibilities inherent or consequential to the ownership and exercise of the rights that they have recognized in all areas of life, both family, school as social.

2. Public authorities shall promote the implementation of actions aimed at promoting the knowledge and fulfilment of the duties and responsibilities of minors under conditions of equality, non-discrimination and universal accessibility.

Article 9b. Family-related duties.

1. Minors should participate in family life respecting their parents and siblings as well as other family members.

2. Minors must participate and correspond to the care of the home and the accomplishment of the household tasks according to their age, with their level of personal autonomy and ability, and regardless of their sex.

Article 9c. School-related duties.

1. Minors must respect the standards of living in schools, study during the stages of compulsory education and have a positive attitude of learning throughout the learning process.

2. Minors have to respect teachers and other school employees, as well as the rest of their peers, avoiding situations of conflict and bullying in any of their forms, including cyberbullying.

3. Through the educational system, the knowledge that minors must have of their rights and duties as citizens, including those that are generated as a result of the use in the teaching environment of the Information and Communication Technologies.

Article 9 quinquies. Duties relating to the social field.

1. Minors must respect the people they relate to and the environment they are involved in.

2. Social duties include, in particular:

(a) Respect the dignity, integrity and privacy of all persons with whom they relate regardless of their age, nationality, racial or ethnic origin, religion, sex, sexual orientation and identity, disability, physical or social characteristics or membership of certain social groups, or any other personal or social circumstances.

b) To respect the laws and norms applicable to them and the fundamental rights and freedoms of other persons, as well as to assume a responsible and constructive attitude in society.

c) Keep and make good use of public or private facilities and facilities, urban furniture, and any others in which they operate.

d) Respect and know the environment and animals, and collaborate in their conservation within sustainable development. "

Five. Paragraphs 1, 3 and 4 are amended and a new point (f) is inserted in paragraph 2 and in Article 10 (5), which are worded as follows:

" 1. Minors have the right to receive from the Public Administrations, or through their collaborating entities, information in accessible format and adequate assistance for the effective exercise of their rights, as well as to ensure their respect. "

" 2. (...)

f) Submit individual complaints to the Committee on the Rights of the Child, in the terms of the Convention on the Rights of the Child and the regulations that develop it. "

" 3. Foreign minors in Spain have the right to education, health care and basic social services and services, under the same conditions as Spanish minors. Public administrations shall ensure that particularly vulnerable groups such as unaccompanied foreign minors, those with international protection needs, minors with disabilities and those who are victims of abuse sexual exploitation, child pornography, trafficking or trafficking in human beings, ensuring compliance with the rights provided for in the law.

The public authorities, in the design and elaboration of public policies, will aim to achieve the full integration of foreign minors into Spanish society, while remaining in the territory of the State Spanish, in the terms laid down in the Organic Law 4/2000 of 11 January on the rights and freedoms of foreigners in Spain and their social integration.

4. Where the Public Entity assumes the protection of a foreign minor in Spain, the General Administration of the State shall, if it does not have it, provide it with the utmost speed, and together with the presentation of the certificate of protection issued by (a) the public authority, the documentation proving its status and the authorization of residence, once the impossibility of return with his or her family or the country of origin has been established, and as provided for in the legislation in force in Foreign and immigration matters.

5. In respect of minors tutored or kept by the Public Entities, the recognition of their status as insured in relation to health care shall be made on their own initiative, upon presentation of the certification of their guardianship or guardianship. issued by the Public Entity for the duration of the same period. '

Six. Article 11 is amended as follows:

" Article 11. Guiding principles for administrative action.

1. Public Administrations shall provide minors with adequate assistance for the exercise of their rights, including the support resources they require.

The Public Administrations, in the areas that are their own, will articulate comprehensive policies aimed at the development of childhood and adolescence and, in particular, those related to the rights listed in this law. Minors shall have the right to access such services by themselves or through their parents, guardians, guarders or welcoming persons, who in turn have the duty to use them in the interests of minors.

Compensatory policies aimed at correcting social inequalities will be promoted. In any event, the essential content of the rights of the child cannot be affected by lack of basic social resources. Children with disabilities and their families will be guaranteed the specialized social services that their disability requires.

Public Administrations should take into account the needs of minors when exercising their powers, especially in matters of control over food products, consumption, housing, education, health, services social, cultural, sports, entertainment, media, transport, free time, play, free spaces and new technologies (ICTs).

Public Administrations will take particular account of the proper regulation and supervision of those spaces, centers and services in which they remain habitually minor, as far as their conditions are concerned. (a) physical and environmental health, hygiene, accessibility and universal design and human resources, as well as their inclusive educational projects, the participation of minors and other conditions that contribute to their rights.

2. The guiding principles of the action of public authorities in relation to minors shall be:

a) The supremacy of your higher interest.

(b) Maintenance in their family of origin, unless it is not appropriate for their interest, in which case the adoption of family and stable protective measures shall be ensured, in such cases, prioritizing family accommodation. in front of the institution.

c) Their family and social integration.

d) The prevention and early detection of all situations that may impair their personal development.

e) Raising awareness of the population in situations of lack of protection.

f) The educational character of all the measures that are taken.

g) Promoting participation, volunteering and social solidarity.

h) Objectivity, impartiality and legal certainty in protective action, ensuring the collegiate and interdisciplinary character in the adoption of measures that affect them.

i) Protection against all forms of violence, including physical or psychological abuse, humiliating and denigrating physical punishment, neglect or negligent treatment, exploitation, the use of new technologies, sexual abuse, corruption, gender or family violence, health, social or educational, including bullying, trafficking and trafficking in human beings, female genital mutilation and any other form of abuse.

j) Equal opportunities and non-discrimination for any circumstance.

k) The universal accessibility of minors with disabilities and reasonable adjustments, as well as their full and effective inclusion and participation.

l) The free development of your personality according to your sexual orientation and identity.

m) Respect and appreciation of ethnic and cultural diversity.

3. The public authorities will develop actions aimed at raising awareness, prevention, detection, notification, assistance and protection of any form of violence against children and adolescents through procedures to ensure coordination and collaboration between the different administrations, collaborating entities and competent services, both public and private, to ensure a comprehensive approach.

4. The Public Entities shall have programmes and resources for the support and guidance of those who are in reception, reach the age of majority and remain outside the protection system, with special attention to those who present disability. "

Seven. Article 12 is amended as follows:

" Article 12. Protective actions.

1. The protection of minors by public authorities shall be carried out by means of the prevention, detection and repair of situations of risk, with the establishment of the appropriate services and resources for that purpose, the exercise of the holding and, in the cases of a declaration of helplessness, the assumption of protection by the ministry of law. In the case of protective measures, family measures must be taken first, in the case of residential measures, stable in relation to temporary measures and those which are agreed in relation to those imposed.

2. The public authorities shall ensure that parents, guardians, guarders or welcoming persons, properly carry out their responsibilities and provide them with accessible prevention, counselling and support services in all areas affecting to the development of minors.

3. Where minors are under the jurisdiction of a victim of gender or domestic violence, the actions of the public authorities shall be aimed at ensuring the support necessary to ensure that the child is a victim of gender or domestic violence. the permanence of minors, regardless of their age, with that, as well as their protection, specialized care and recovery.

4. Where the age of a person cannot be established, he or she shall be considered a minor for the purposes of this law, as long as his age is determined. To this end, the Prosecutor must make a judgment of proportionality that adequately weights the reasons why the passport or equivalent document of identity presented, if any, is not considered to be reliable. The carrying out of medical tests for the determination of the age of minors shall be subject to the principle of speed, requiring the prior informed consent of the affected person and shall be carried out with respect to their dignity and without posing a risk for their health, not being able to be applied indiscriminately, especially if they are invasive.

5. Any non-permanent protection measures to be taken in respect of children under three years of age shall be reviewed every three months, and in respect of those over that age it shall be reviewed every six months. The review shall take place in the permanent reception of the first year every six months and, starting in the second year, every twelve months.

6. In addition, of the various functions assigned by law, the Public Entity will transmit to the Fiscal Ministry a justification for the situation of a certain minor when the latter has been found in residential accommodation or family accommodation. for a period of more than two years, the Public Entity must be justified by the causes for which a more stable protective measure has not been adopted at that time.

7. The public authorities shall ensure the rights and obligations of minors with disabilities in respect of their custody, guardianship, guardian, adoption or similar institutions, ensuring the best of the best interests of the child. They will also ensure that children with disabilities have the same rights to family life. To make these rights effective and to prevent their concealment, neglect, neglect or segregation, they will ensure that general information, services and general support for children with disabilities and their families are provided in advance. "

Eight. Paragraph 1 shall be amended and paragraphs 4 and 5 shall be added to Article 13, which shall be as follows:

" 1. Any person or authority and, in particular, those who, by their profession or function, detect a situation of abuse, risk or possible distress of a minor, shall inform the authority or its nearest officers, without prejudice to the immediate help you need. "

" 4. Any person who made news, through any source of information, of a fact that could constitute a crime against the freedom and sexual indemnity, of trafficking in human beings, or of exploitation of minors, will have the obligation to put it in knowledge of the Prosecutor's Office without prejudice to the provisions of criminal procedural law. "

" 5. It shall be a requirement for access and exercise to professions, trades and activities involving habitual contact with minors, that he has not been convicted of a firm sentence for any offence against freedom and sexual indemnity, including the sexual assault and abuse, sexual harassment, exhibitionism and sexual provocation, prostitution and sexual exploitation and corruption of minors, as well as human trafficking. To this end, anyone seeking access to such professions, trades or activities must prove this by providing a negative certification of the Central Register of sex offenders. "

Nine. Article 14 is amended as follows:

" Article 14. Immediate attention.

The public authorities and services will have an obligation to pay immediate attention to any minor, to act if it corresponds to their field of competence or to transfer in another case to the competent and to bring the facts to the attention of the legal representatives of the child or, where necessary, of the Public Entity and the Prosecutor's Office.

The Public Entity may assume, in compliance with the obligation to pay immediate attention, the provisional guardian of a minor provided for in Article 172.4 of the Civil Code, which shall be communicated to the Prosecutor's Office, At the same time, the Commission shall take the necessary steps to identify the child, investigate the circumstances and, where appropriate, verify the actual situation of distress. "

Ten. Article 17 is amended as follows:

" Article 17. Actions at risk.

1. The child shall be considered a risk situation where, due to circumstances, family, social or educational deficiencies or conflicts, the child is harmed in his or her personal, family, social or educational development, in his or her welfare or in his/her/her/her/her/her/her/her/her/her/her/ rights in such a way that, without reaching the entity, intensity or persistence that would substantiate their declaration of distress and the assumption of protection by the law ministry, the intervention of the competent public administration is necessary, to eliminate, reduce or compensate for difficulties or inadaptation affecting you and prevent your Social exclusion and social exclusion, without having to be separated from their family environment. For such purposes, it shall be considered an indicator of risk, inter alia, to have a brother declared in such a situation unless the family circumstances have clearly changed. The concurrency of material circumstances or deficiencies will be considered an indicator of risk, but it can never lead to the separation of the family environment.

2. At the risk of any kind, the intervention of the competent public administration must, in any event, ensure the rights of the child and the risk and difficulty indicators that have an impact on the situation will be reduced. personal, family and social in which it is located, and to promote measures for its protection and preservation of the family environment.

3. The intervention in the risk situation corresponds to the competent public administration in accordance with the provisions of the applicable state and regional legislation, in coordination with schools and social and health services and, in its case, with the collaborating entities of the respective territorial scope or any others.

4. The assessment of the risk situation will result in the development and implementation of a project for family social and educational intervention, which will have to collect the objectives, actions, resources and forecast of deadlines, promoting the protection of the child and keeping the child in his or her family. The participation of parents, guardians, guarders or welcoming persons in the preparation of the project will be sought. In any case, it will be heard and taken into account in the opinion of the parties in the attempt to agree on the project, which must be signed by the parties, for which they will be communicated in an understandable and accessible format. It shall also be communicated and consulted with the minor if he has sufficient maturity and, in any case, from the age of 12.

5. Parents, guardians, guarders or welcoming persons, within their respective roles, shall cooperate actively, in accordance with their capacity, in the implementation of the measures referred to in that draft. The omission of the collaboration provided for in the same shall give rise to the declaration of the child's risk status.

6. The risk situation shall be declared by the competent public administration in accordance with the provisions of the State and regional legislation applicable by means of a reasoned administrative decision, after hearing the parents, guardians, (a) a keeper or a host and a minor if he or she has sufficient maturity and, in any case, from the age of 12. The administrative decision shall include measures to correct the risk of the child, including those relating to the duties of parents, guardians, guarders or welcoming persons. In the face of the administrative decision declaring the child's risk status, an appeal may be brought under the Civil Procedure Act.

7. Where the competent public administration is developing an intervention in the light of a risk situation of a minor and is aware that it will be transferred to the area of another territorial entity, the public administration of origin will put it in knowledge of the destination to the effect that, if appropriate, the intervention that was being carried out, with reference to the necessary information and documentation, continues. If the public administration of origin is not aware of the place of destination, it may request the assistance of the Security Forces and the Security Corps in order for them to proceed to their investigation. Once the location of the child is known, the competent Public Entity shall be brought to the attention of the child, who shall continue the intervention.

8. In cases where the public administration competent to assess and intervene in the situation of risk considers that there is a situation of lack of protection which may require the separation of the child from his or her family or when, period provided for in the draft intervention or Convention, no changes have been made in the performance of the duties of guardian that guarantee that the child has the necessary moral or material assistance, will put it in knowledge of the Entity Public in order to validate the origin of the declaration of the situation of distress, communicating it to the Fiscal Ministry.

When the Public Entity considers that it is not appropriate to declare the situation of distress, despite the proposal made by the competent public administration to assess the risk situation, it will put it in knowledge of the public administration that has intervened in the risk situation and the Ministry of Public Prosecutor's Office. The latter will monitor the situation of the child, thus being able to seek the collaboration of schools and social, health or other services.

9. The public administration competent to intervene in the risk situation shall, in collaboration with the relevant health services, adopt appropriate measures for the prevention, intervention and monitoring of situations of possible risk. prenatal, in order to avoid any subsequent declaration of a risk or distress situation of the newborn. For such purposes, the risk of prenatal risk is the lack of physical care of the pregnant woman or the abusive use of substances with addictive potential, as well as any other actions of the woman or third parties tolerated by the woman, which damage normal development or may cause physical, mental or sensory illness or abnormalities to the newborn. Health services and health personnel shall notify the competent public administration and the Ministry of Public Health of this situation. After birth, the child and his/her family unit shall be kept in intervention to ensure that, if necessary, the child's risk or distress situation is declared for adequate protection.

10. The refusal of parents, guardians, guarders or welcoming persons to give consent in respect of the medical treatment necessary to safeguard the life or physical or mental integrity of a child constitutes a risk situation. In such cases, the health authorities shall immediately inform the judicial authority, either directly or through the Ministry of Public Prosecutor, of such situations for the purposes of the adoption of the corresponding decision to safeguard the best interest of the child. "

Once. Article 18 is amended as follows:

" Article 18. Actions in distress.

1. When the Public Entity finds 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 that by the Ministry of the Law, adopting the appropriate measures of protection and bringing it to the attention of the Fiscal Ministry and, where appropriate, of the Judge who agreed to the ordinary guardianship.

2. In accordance with Article 172 et seq. of the Civil Code, it shall be deemed to be a situation of distress which is in fact caused by the failure to comply, or by the impossible or inadequate exercise of the duties of protection established. by law for the guardian of minors, where they are deprived of the necessary moral or material assistance.

The poverty situation of parents, guardians or guarders cannot be taken into account for the assessment of the situation of homelessness. In no case shall a child be separated from his parents by reason of a disability of the child, both parents or one of them.

An indicator of helplessness shall be considered, among others, to have a brother declared in such a situation, unless the family circumstances have changed in an obvious way.

In particular, it shall be understood that there is a situation of distress when one or more of the following circumstances are sufficiently serious to be assessed and weighted in accordance with the principles of need and proportionality, they pose a threat to the physical or mental integrity of the child:

(a) The abandonment of the child, either because the persons to whom the exercise of the guardian is responsible are missing, or because they do not want or cannot exercise it.

(b) The period of the voluntary guardian period, either where its legal persons are in a position to take care of the child's guardian and do not wish to take it, or when, desiring to take it, they are not in conditions for doing so, except in exceptional cases where the voluntary guardian may be extended beyond the two-year period.

c) The risk to the child's life, health, and physical integrity. In particular, where serious physical abuse, sexual abuse or gross negligence in the performance of the maintenance and health obligations of persons in the family unit or in third parties with the consent of the family of persons is caused. those; also where the child is identified as a victim of trafficking in human beings and there is a conflict of interest with parents, guardians and guarders; or where there is repeated consumption of substances with addictive potential or the execution of other types of addictive behaviour in a repeated manner on the part of the child with knowledge, consent or the tolerance of parents, guardians or guarders. It is understood that there is such consent or tolerance when the efforts necessary to alleviate these behaviors, such as the request for advice or not having sufficiently collaborated with the treatment, have not been made. the same. It is also understood that there is a lack of protection when serious harm to the newborn is caused by prenatal treatment.

d) The risk to the child's mental health, moral integrity and the development of his/her personality due to continued psychological abuse or the lack of serious and chronic attention to his or her affective or educational needs of parents, guardians or guarders. When this lack of care is conditioned by a severe mental disorder, due to a habitual consumption of substances with addictive potential or other habitual addictive behaviors, the absence of treatment will be assessed as an indicator of helplessness. by parents, guardians or guarders or the lack of sufficient collaboration during the same period.

(e) Failure to fulfil or the impossible or inadequate exercise of the duties of a guardian as a result of the serious deterioration of the environment or of family living conditions, where circumstances or behaviour occur which harm the development of the child or his or her mental health.

f) Induction to begging, delinquency or prostitution, or any other exploitation of the child of similar nature or gravity.

g) The absence of schooling or lack of repeated and unjustifiable assistance to the educational establishment and continued permissiveness or induction of school absenteeism during the compulsory schooling stages.

(h) Any other situation which is seriously detrimental to the child causing the failure to comply or the impossible or inadequate exercise of the parental authority, the guardianship or the guardian, the consequences of which cannot be avoided as long as you remain in your cohabitation environment.

3. Each Public Entity shall designate the body to exercise the guardianship in accordance with its operating organic structures.

4. In the case of a permanent transfer of residence of a minor subject to a protection measure from the Autonomous Community which adopted it to a different measure, it is for the latter to assume that measure or to adopt the measure within a maximum period of three months from the date of the latter is informed by the first of the transfer. However, where the family of origin of the child remains in the Autonomous Community of origin and a family reintegration is foreseeable in the short or medium term, the measure taken and the Public Entity of the place of residence shall be maintained. the child will collaborate in monitoring the evolution of the child. Nor will it be necessary to adopt new protective measures in cases of temporary transfer of a minor to a residential centre located in another Autonomous Community or when a reception is established with a family resident there, with the Agreement of the two Autonomous Communities.

5. In cases where a situation of possible protection of a minor of Spanish nationality is detected outside the national territory, the Public Entity for the protection in Spain shall be competent for the protection in Spain. Autonomous community in which the parents or guardians of the child reside. Failing this, the Public Entity corresponding to the Autonomous Community with which the child or his family members have the greatest links shall be competent. Where, in accordance with those criteria, the jurisdiction is not determined, the Public Entity of the Autonomous Community in which the child or his family members would have had their last habitual residence shall be competent.

In any case, when the child who is outside Spain has been subject to a protective measure prior to his or her displacement, the Public Entity that has its guardian or guardianship shall have jurisdiction.

The potential conflicts of competition that may arise will have to be resolved in accordance with the principles of speed and the best interests of the child, avoiding delays in making decisions that could generate damages. to the same.

The General Administration of the State will be responsible for the transfer of the child to Spain. The appropriate Autonomous Community shall assume responsibility from the moment the child is in Spain.

6. In cases where the protection measures adopted in a foreign State are to be complied with in Spain, the Council Regulation (EC) No 2201/2003 of 27 November 2003 on the protection of the environment shall be complied with in the first place. jurisdiction, recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility, repealing Regulation (EC) No 1347/2000, or replacing it. In cases not covered by European legislation, the international treaties and conventions in force for Spain and, in particular, the Convention on jurisdiction, applicable law, recognition, enforcement and cooperation shall be in force for Spain. (a) the matter of parental responsibility and of measures for the protection of children, done at The Hague on 19 October 1996, or the Convention replacing it. In the absence of any international regulations, the Spanish rules of internal production on the effectiveness in Spain of child protection measures will be included. "

Twelve. Article 19 is amended as follows:

" Article 19. Saves minors.

1. In addition to the guardian of the minors who are protected by the situation of distress, the Public Entity must assume the guardian in the terms provided for in Article 172a of the Civil Code, where the parents or guardians are unable to take care of a minor due to serious and transitional circumstances or where the Judge agrees in cases where the case is legally applicable.

2. The voluntary guardian shall have a maximum duration of two years, unless the best interests of the minor advise, exceptionally, the extension of the measure for the foreseeable family reintegration within a short period of time.

In these cases of voluntary guardian, the family's commitment to submit, where appropriate, to the professional intervention will be necessary. "

Thirteen. An Article 19a is included, which is worded as follows:

" Article 19a. Provisions common to guardianship and guardianship.

1. Where the Public Entity takes over the guardianship or guardian of the child, it shall draw up an individual protection plan setting out the objectives, the forecast and the time limit for the intervention measures to be taken with the family of origin, including, where appropriate, the family reintegration programme.

In the case of being a child with disabilities, the Public Entity will ensure the continuity of the support that it has received or the adoption of others more suitable for its needs.

2. Where the possibility of return to the family of origin is derived from the prognosis, the Public Entity shall apply the family reintegration programme, without prejudice to the provisions of the rules on foreign minors. accompanied.

3. In order to agree on the return of the homeless child to their family of origin, it is essential that a positive development of the child has been established, objectively enough to restore family life, that the links have been maintained, that the purpose of carrying out the parental responsibilities is adequate and that the return with it does not involve any risks relevant to the child through the corresponding technical report. In the case of a family reception, the decision on the return, the time spent and the integration into the host family and the environment, as well as the development of affective links with it, should be weighted.

4. Where family reunification is appropriate, the Public Entity shall carry out a subsequent follow-up of support to the child's family.

5. In the case of unaccompanied foreign minors, the search for their family and the restoration of family life shall be sought, starting the appropriate procedure, provided that such a measure is deemed to be in their interest. above and do not place the child or his/her family in a situation that puts their safety at risk.

6. Minors and young people subject to protective measures who are pregnant will receive the appropriate advice and support for their situation. The individual protection plan shall cover this circumstance as well as the protection of the newborn. "

Fourteen. Article 20 is amended as follows:

" Article 20. Family welcome.

1. The family accommodation, in accordance with its purpose and irrespective of the procedure in which it is agreed, shall cover the procedures laid down in the Civil Code and may, by reason of the minor's connection with the family, take place in the family's own extended family or other family.

The host family may be specialized, understanding the one that develops in a family in which one of its members has a specific qualification, experience and training to perform this the role of minors with special needs or circumstances with full availability and thereby receiving the corresponding economic compensation, without in any case involving a working relationship.

The specialised accommodation can be professionalised when, by bringing together the above requirements of qualification, experience and specific training, there is a working relationship between the welcoming and the welcoming Public Entity.

2. The family reception will be formalized by resolution of the Public Entity that has the guardianship or the guardian, after assessment of the adequacy of the family for the reception. This assessment shall take into account their family situation and educational fitness, their ability to adequately address the needs of any minor or minor in question, the congruence between their motivation and the nature and purpose. of the reception according to its modality, as well as the willingness to facilitate the fulfillment of the objectives of the individual plan of care and, if any, of the family reintegration program, propitiating the relationship of the child with his family of provenance. The visitation regime may take place at the family meeting points enabled, when the best interests of the child and the right to privacy of the families of origin and welcoming are advised. Where the type of reception so advises, the adequacy of the age of the host with that of the child shall be assessed, as well as the prior relationship between them, giving priority, unless the interest of the child advises otherwise, to the persons who, Belonging to their extended family, they meet the right conditions for the reception.

3. The resolution to formalise the family accommodation referred to in the previous paragraph, agreed in accordance with the terms laid down in the Civil Code, shall be accompanied by an annex document which shall include the following:

a) The identity of the welcoming or welcoming and the host.

b) The necessary consents and hearings.

(c) The modality of the reception, the duration envisaged for the same, as well as the character of an extended family or an alien family due to the minor's connection with the family or a welcoming person.

d) The rights and duties of each party, and in particular:

1. The regime of visits, stay, relationship or communication, in the cases of declaration of distress, by the family of origin, which may be modified by the Public Entity in the interest of the higher interest of the less.

2. The system of coverage by the Public Entity of the damages suffered by the child or of those that may be caused to third parties.

3. The assumption by the welcoming of living expenses, education and social health care.

e) The content of the follow-up that, depending on the purpose of the reception, will be carried out by the Public Entity and the commitment of collaboration with this follow-up by the welcoming family.

f) In the case of minors with disabilities, the support resources that you need.

g) Economic compensation, technical support and other types of aid which, where appropriate, will be received by the host.

h) The period in which the measure is to be reviewed.

The resolution and the annex document shall be forwarded to the Prosecutor's Office within a maximum of one month. "

Fifteen. Article 20a is included, which is worded as follows:

" Article 20a. Rights and duties of family members.

1. Family members shall be entitled to:

a) Receive information about the nature and effects of the reception, as well as prior preparation, monitoring and technical support during and at the end of it. In the case of minors with disabilities, the host will have the right to guidance, support and support adapted to the disability of the child.

b) Be heard by the Public Entity before it adopts any resolution affecting the child, especially before modifying or temporarily suspending the visitation or relationship regime or communication with the family of source.

(c) Be informed of the individual protection plan as well as of the protective measures related to the reception to be adopted in respect of the child, regular reviews and obtain information from the the protection of the child who is required for the exercise of his or her duties, with the exception of matters relating to the right to privacy of third parties and the protection of personal data.

d) To be a part in all the processes of opposition to the protective measures and the declaration of a situation of distress of the child welcomed and in all the opposition processes related to the measure of family acceptance permanent with guardianship functions that are formalized.

e) Co-operate with the Public Entity in the performance and follow-up plans established for the reception.

f) Dispose of the child's identification, health, and educational documentation.

g) Exercise all rights inherent in the guard.

h) Be respected by the least received.

i) Seek the assistance of the Public Entity in the exercise of its functions.

j) Make travel with the child whenever the Public Entity is informed and there is no opposition from it.

(k) Receipt of financial compensation and other aid that would have been stipulated, if any.

l) Provide the child with the same conditions as biological or adopted children, in order to make use of family rights or obligations during the time the child lives with them.

m) Relating to the child upon cessation of the reception, if the Public Entity understands that it will agree to its superior interest and the family of origin or, where appropriate, the adoptive or permanent family, and the less if he has sufficient maturity and, in any case, if he is older than twelve years.

n) To be protected your personal data with respect to the family of origin, in accordance with the legislation in force.

n) Forgive formal complaints or suggestions to the Public Entity that must be dealt with within a period of less than 30 days and, in the event of a hearing request, be heard prior to that deadline.

o) The welcoming family will have the same rights as the Administration recognizes the other family units.

2. Family members will have the following duties:

a) Velar for the welfare and the best interests of the child, to have him in his company, to feed him, to educate him and to provide him with an integral formation in an affective environment. In the case of a child with disabilities, you should continue to provide the specialized support that you will receive or adopt others that are more appropriate to your needs.

(b) Oir to the child always before taking decisions affecting him, if he has sufficient maturity and, in any case, if he is over 12 years of age, without exclusion of any disability, and to transmit to the Public Entity the requests that it can perform within its maturity.

c) Ensuring the child's full participation in family life.

d) Inform the Public Entity of any act of transcendence in relation to the child.

e) to respect and facilitate relations with the family of origin of the child, in so far as the possibilities of family members are available, in the context of the arrangements for visits established in favour of family members and family reintegration; if applicable.

f) actively collaborate with the Public Entities in the development of individualized intervention with the least and follow up the measure, observing the indications and orientations of the measure.

g) Respect the confidentiality of data relating to the minor's personal and family history.

h) Communicate to the Public Entity any changes in the family situation regarding the data and circumstances that were taken into consideration as a basis for the acceptance.

i) Ensuring the right to privacy and the identity of the minors and respect for their own image, as well as ensuring the fulfilment of their fundamental rights.

j) Participate in the training actions that are proposed.

k) Collaborate in the transit of the child's protection measure to the reintegration to its home environment, adoption, or other mode of accommodation, or to the environment that is established after the adoption of a more protective measure stable.

(l) Family members shall have the same obligations in respect of the child as those who the law establishes for the holders of the parental authority. "

Sixteen. Article 21 is amended as follows:

" Article 21. Residential accommodation.

1. In relation to minors in residential accommodation, the Public Entities and the services and centers where they are located must act in accordance with the guiding principles of this law, with full respect for the rights of the minors who are welcome, and have the following basic obligations:

a) Ensure the coverage of the needs of everyday life and guarantee the rights of minors by adapting their general project to the personal characteristics of each child, through a socio-educational project individual, to pursue the child's well-being, physical, psychological, social and educational development within the individual protection plan defined by the Public Entity.

(b) Contain with the individual plan of protection of each child that clearly establishes the purpose of the income, the objectives to be achieved and the time limit for its achievement, in which the preparation of the child will be foreseen, both to the arrival as at the center exit.

c) They will take all their decisions regarding the residential accommodation of minors in the interest of the children.

d) They will foster coexistence and the relationship between siblings, provided that this is in the interest of minors and will seek the residential stability of minors, as well as that the reception should preferably take place in a center located in the province of origin of the child.

e) Promote family relationship and collaboration, programming, to the effect, the resources necessary to enable the return to their family of origin, if this is considered to be the interest of the child.

f) Potentially the comprehensive and inclusive education of minors, with particular regard to the needs of children with disabilities, and ensure their preparation for full life, in particular their schooling and training.

In the case of children under the age of sixteen to eighteen, one of the priority objectives will be the preparation for independent living, orientation and job insertion.

g) They will have internal rules of operation and coexistence that respond to educational and protection needs, and will have a procedure for the formulation of complaints and complaints.

h) They will administer the medicines that, if necessary, require the minors under prescription and medical follow-up, according to the health professional practice. For these purposes, a record will be kept with the medical history of each of the children.

i) Will periodically review the individual protection plan in order to assess the adequacy of the residential resource to the personal circumstances of the child.

j) Potentially the departures of minors on weekends and holiday periods with their families of origin or, where this is not possible or appropriate, with alternative families.

k) Promote the standardised integration of children into the leisure, cultural and educational services and activities that take place in the community environment in which they are located.

l) Establish the necessary coordination mechanisms with specialized social services for the monitoring and adjustment of protective measures.

(m) Ensure the preparation for independent living, promoting participation in decisions affecting it, including the management of the centre itself, autonomy and the progressive assumption of responsibility.

n) Establish educational and supervisory measures to ensure the protection of the child's personal data by accessing information and communication technologies and social networks.

2. All residential accommodation centres providing services to minors in the field of protection must always be provided administratively by the Public Entity, and the enabling regime must be respected. in the Law 20/2013, of 9 December, of guarantee of the market unit. In addition, quality and accessibility standards must exist for each type of service.

the Public Entity shall regulate the operating system of residential accommodation centres and shall register in the register for the institutions in accordance with its provisions, paying particular attention to the security, health, accessibility for persons with disabilities, number, ratio and professional qualification of their staff, educational project, participation of minors in their internal functioning and other conditions that contribute to ensuring their rights.

Likewise, the Public Entity will promote residential accommodation models with reduced cores of minors living in similar conditions to family members.

3. In order to encourage the child's life to be developed in a family environment, the measure of family accommodation in residential accommodation for any child, especially for children under six years of age, will prevail. Residential accommodation for children under three years of age shall not be agreed except in cases of failure, duly accredited, to take the measure of family accommodation at that time or where this measure is not in the best interests of the child. This limitation to agree on residential accommodation will also apply to children under six years of age as soon as possible. In any case, and in general terms, the residential accommodation of these minors shall not be longer than three months.

4. For the purposes of ensuring the protection of the rights of minors, the Public Entity shall carry out the inspection and supervision of the centres and services in a semi-annual manner and whenever circumstances so require.

5. Likewise, the Prosecutor's Office should exercise vigilance over the residential accommodation decisions that are taken, as well as the inspection of all residential services and centers, analyzing, among others, the projects Individualised Education, the Centre Educational Project and the Rules of Procedure.

6. The competent public administration may take appropriate measures to ensure the co-existence of the centre, acting on those conduct with measures of an educational nature, which may in no case be contrary to the dignity of the less. In serious cases of disturbance of coexistence, the reception centre's exits may be limited. Such measures shall be exercised immediately and in proportion to the conduct of minors, taking into account the personal circumstances of minors, their attitude and the results of their behaviour.

7. Of those measures that are imposed by conduct or attitudes that are binding against coexistence in the residential area, the parents, guardians or legal representatives of the child and the Prosecutor's Office will be immediately given an account. "

seventeen. An Article 21a is included, which is worded as follows:

" Article 21a. Rights of the child under reception.

1. The child shall be entitled to the following, irrespective of the type of accommodation in which he is located:

(a) Be heard in the terms of Article 9 and, where appropriate, be a party to the process of opposition to the protective measures and the declaration in distress in accordance with the applicable rules, and according to their age and maturity. To this end, it has the right to be informed and notified of all decisions to formalize and cease the reception.

b) Being recognised as a beneficiary of the right of free legal assistance when in distress.

c) Direct direct to the Public Entity and be informed of any transcendent facts regarding the reception.

d) Relating to their family of origin within the framework of the system of visits, relationship and communication established by the Public Entity.

e) To progressively know their partner-family reality and their circumstances to facilitate the assumption of them.

f) Receive sufficient information, services, and general supports that are necessary to make the rights of minors with disabilities effective.

g) To bring to the attention of the Fiscal Ministry the complaints or complaints that you consider, regarding the circumstances of your acceptance.

h) Receiving educational and psychotherapeutic support from the Public Entity, to overcome psychosocial disorders of origin, measure is applicable in both residential and family accommodation.

i) Receive the necessary educational and psychotherapeutic support.

j) Access your file and know the data about its origins and biological relatives, once the age is reached.

2. In the case of family accommodation, the following rights are also:

a) Fully participate in the family life of the welcoming.

(b) Maintain a relationship with the host family after the cessation of the reception if the Public Entity understands that it is in the best interests of the host family, and whenever the child consents to the child if he or she has sufficient maturity and, in any case, if The family of the host family and the family of origin or, where appropriate, the adoptive family or permanent accommodation.

c) Request information or ask, by yourself if you have sufficient maturity, to cease family accommodation.

3. In the case of residential accommodation, it also has the following rights:

a) Respect to privacy and to preserve your personal belongings as long as they are not inadequate for the educational context.

b) Participate in the development of the programming of activities of the center and in the development of the center.

c) Be heard in the event of a complaint and be informed of all the systems of care and claim that they have within their reach, including the right of hearing in the Public Entity. "

Eighteen. Article 22a is added, which is worded as follows:

" Article 22a. Preparation programs for independent living.

Public Entities will offer independent living preparation programs aimed at young people who are under a protective measure, particularly in residential accommodation or in a special situation. vulnerability, from two years before the age of the majority, once they have been fulfilled, whenever they need it, with the commitment of active participation and use by them. The programmes should provide for socio-educational monitoring, accommodation, socio-occupational integration, psychological support and financial support. "

nineteen. Article 22b is added, which is worded as follows:

" Article 22b. Information system on protection for children and adolescents.

The Autonomous Communities and the General Administration of the State will establish a shared information system that will allow the uniform knowledge of the situation of protection for children and adolescents in Spain, and offers for accommodation and adoption, with data disaggregated by gender and disability, both for the purposes of monitoring concrete measures for the protection of minors and for statistical purposes. To these same effects the Unified Register of Child Maltreatment will be developed. "

Twenty. Article 22c is added, which is worded as follows:

" Article 22c. Processing of personal data.

1. In order to comply with the purposes laid down in Chapter I of Title II of this Law, the competent public authorities may, without the consent of the person concerned, carry out the collection and processing of the data resulting from them. necessary to assess the child's situation, including both those relating to it and those related to its family or social environment.

Professionals, Public and Private Entities and, in general, any person shall provide to the Public Administrations the reports and records on minors, their parents, guardians, guarantors or welcoming persons, who they are required to be necessary for this purpose, without specifying the consent of the affected person.

2. The entities referred to in Article 13 may, without the consent of the person concerned, treat the information which is essential for the fulfilment of the obligations laid down in that provision for the sole purpose of putting such information. data in the knowledge of the competent Public Administrations or the Fiscal Ministry.

3. The data collected by the Public Administrations may be used solely and exclusively for the adoption of the protection measures provided for in this Law, taking into account in any event the guarantee of the best interests of the child and only may be communicated to the public authorities which have to adopt the relevant decisions, to the Ministry of Public Prosecutor's Office and to the judicial bodies.

4. The data may also be transferred without the consent of the data subject to the Fiscal Ministry, which shall treat them for the exercise of the functions established in this law and in the rules applicable to it.

5. In any case, the treatment of the aforementioned data will be subject to the provisions of the Organic Law 15/1999, of 13 December, of Protection of Personal Data and its disposition of development, with the implementation of the high level security measures provided for in such legislation. "

Twenty-one. Article 22d is added, which is worded as follows:

" Article 22 quinquies. Impact of standards in childhood and adolescence.

The memories of the regulatory impact analysis that must accompany the law-making and the draft regulations will include the impact of legislation in childhood and adolescence. "

Twenty-two. Article 23 is amended as follows:

" Article 23. Index of fabrics.

For the exercise of the surveillance function attributed to the Prosecutor's Office in the Civil Code regarding the guardianship assumed by the Public Entity by law ministry, an Index of Tufabrics of Minors. "

Twenty-three. Article 24 is amended as follows:

" Article 24. Adoption of minors.

National and international adoption shall be in accordance with applicable civil law. "

Article 2. Modification of the Civil Code.

The Civil Code is modified in the following terms:

One. Article 9 (4), (6) and (7) are amended as follows:

" 4. The determination and character of the filiation by nature shall be governed by the law of the habitual residence of the child at the time of the establishment of the filiation. In the absence of habitual residence of the child, or if this law does not permit the establishment of the filiation, the national law of the child shall apply at that time. If this law does not permit the establishment of the filiation or if the son of habitual residence and nationality, the Spanish substantive law shall apply. As regards the establishment of the affiliation by adoption, paragraph 5 shall apply.

The law applicable to the content of parentage, by nature or by adoption, and to the exercise of parental responsibility, shall be determined in accordance with the Hague Convention of 19 October 1996 on jurisdiction, Applicable law, recognition, enforcement and cooperation in matters of parental responsibility and child protection measures. '

" 6. The law applicable to the protection of minors shall be determined in accordance with the Hague Convention of 19 October 1996 referred to in paragraph 4 of this Article.

The law applicable to the protection of elderly persons shall be determined by the law of their habitual residence. In the case of change of residence to another State, the law of the new habitual residence will apply, without prejudice to the recognition in Spain of the protection measures agreed in other States. However, the Spanish law for the adoption of provisional or urgent measures of protection shall apply.

7. The law applicable to maintenance obligations between relatives shall be determined in accordance with the Hague Protocol of 23 November 2007 on the law applicable to the maintenance obligations or legal text to replace it. '

Two. A paragraph 3 is inserted in Article 19, which is worded as follows:

" 3. Without prejudice to the provisions of paragraph 1, if, in accordance with the legal system of the country of origin, the adopted child maintains his nationality, the latter shall also be recognised in Spain. '

Three. Article 133 is amended as follows:

" Article 133.

1. The non-marital filiation claim action, when the respective state possession is missing, will be the responsibility of the child throughout his/her life.

If the child dies before the end of four years after the age of a majority or is capable of sufficient capacity for such purposes, or during the year following the discovery of the evidence in which the application is based, his/her The action will be taken by your heirs for the time you will miss to complete these deadlines.

2. The parents may also exercise this filiation action within a period of one year after they have become aware of the facts on which they are to base their claim.

This action shall not be passed on to the heirs who may only continue the action that the parent has initiated in life. "

Four. Article 136 is amended as follows:

" Article 136.

1. The husband may exercise the action of impeachment of the paternity within one year from the registration of the filiation in the Civil Registry. However, the deadline will not run as long as the husband ignores the birth. Deceased the husband without knowing the birth, the year will be counted since the heir known.

2. If the husband, despite knowing the fact of the birth of the person who has been registered as his son, did not know his lack of biological paternity, the computation of the one-year term will begin to count since he had such knowledge.

3. If the husband dies before the time limit set out in the preceding paragraphs, the action shall be taken by each heir for the time to be completed. '

Five. Article 137 is amended to read as follows:

" Article 137.

1. Paternity may be challenged by the child during the year following the registration of the filiation. In the case of minor or judicially modified capacity, the time limit shall count from the time of the majority of the age or the capacity to be sufficient to such effects.

The exercise of the action, in the interest of the child who is minor or the judicially modified capacity, shall also correspond, during the year following the registration of the filiation, to the mother holding the fatherland power, to your legal representative or to the Fiscal Ministry.

2. If the child, despite the fact that more than one year has elapsed since the registration in the register, since his or her age or since the recovery of the sufficient capacity for such purposes, he did not know the lack of biological paternity of those who appear registered as its parent, the computation of the one-year period shall begin to count from the time of such knowledge.

3. Where the child dies before the time limits laid down in the preceding paragraphs, his/her action shall be the responsibility of his/her heirs for the time to be completed.

4. If the possession of a marital status is absent in family relations, the claim may be filed at any time by the son or his heirs. "

Six. Article 138 is amended to read as follows:

" Article 138.

Recognition and other legal acts that determine in accordance with the law a marriage or non-marital affiliation may be challenged by vice of consent as provided for in Article 141. The challenge of parenthood by other causes will be in accordance with the rules contained in this section. "

Seven. The final paragraph of Article 140 is amended as follows:

"Children shall have in any case action for one year after reaching the age of majority or of regaining sufficient capacity for such purposes."

Eight. Article 154 is amended and read as follows:

" Article 154.

Unemancipated children are under the parental authority of the parents.

The parental responsibility, as parental responsibility, will always be exercised in the interests of the children, according to their personality, and with respect to their rights, their physical and mental integrity.

This function comprises the following duties and powers:

1. Vellar for them, have them in your company, feed them, educate them and provide them with comprehensive training.

2. Represent them and manage their assets.

If children have sufficient maturity they must be heard always before making decisions that affect them.

Parents may, in the exercise of their function, seek the assistance of the authority. "

Nine. The number 4 is amended, the numbers 5 and 6 are added, and the last paragraph of Article 158 is amended, which is worded as follows:

" 4. The prohibition measure to parents, guardians, other relatives or third parties of approaching the child and approaching their home or educational center and other places that are frequent, with respect to the principle of proportionality.

5. The measure of prohibition of communication with the child, which will prevent parents, guardians, other relatives or third parties from establishing written, verbal or visual contact by any means of communication or media computer or telematics, with respect to the principle of proportionality.

6. No. In general, any other provisions you deem appropriate, in order to remove the child from danger or to avoid harm in your family environment or in front of third parties. It shall be ensured by the Judge that the child can be heard in good conditions for the safeguarding of his interests.

In case of possible distress of the child, the Court shall communicate the measures to the Public Entity.

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

Ten. Article 160 is amended, which is worded as follows:

" Article 160.

1. Minor children have the right to relate to their parents even if they do not exercise their parental rights, unless otherwise provided by a judicial decision or by the Public Entity in the cases provided for in Article 161. In case of deprivation of liberty of the parents, and whenever the best interest of the child recommends visits to those, the Administration should facilitate the transfer accompanied by the minor to the prison, either by a designated family member by the competent administration or by a professional who shall ensure that the child is prepared for such a visit. The visit to a prison facility should also be carried out outside school hours and in a suitable setting for the child.

Children adopted by another person may only relate to their family of origin in the terms provided for in Article 178.4.

2. They will not be able to prevent them without just cause the minor's personal relationships with their brothers, grandparents and other relatives and relatives.

In case of opposition, the Judge, at the request of the child, brothers, grandparents, relatives or relatives, will resolve the circumstances. In particular, it must ensure that measures which can be established to promote relations between brothers and sisters, and between grandparents and grandchildren, do not allow the infringement of judicial decisions to restrict or suspend the relations of minors. with one of their parents. "

Once. Article 161 is amended and read as follows:

" Article 161.

the public entity to which, in the respective territory, the protection of minors is entrusted shall regulate the visits and communications that correspond to the parents, grandparents, siblings and other relatives and relatives in respect of minors in distress, being able to agree on a reasoned basis, in the interests of the child, for the temporary suspension of the same prior hearing of the persons concerned and of the child if he has sufficient maturity and, in any case, if he is over 12 years of age, with immediate notification to the Prosecutor's Office. To this end, the Director of the residential accommodation centre or the welcoming family or other agents or professionals involved shall inform the Public Entity of any indication of the harmful effects of these visits on the child.

The child, those affected, and the Prosecutor's Office may oppose such administrative decisions under the Civil Procedure Act. "

Twelve. The wording of the first point of Article 162 is amended as follows:

" Parents who have parental authority have the legal representation of their minor children who are not emancipated.

Except:

1. The acts relating to the rights of the personality that the son, according to his maturity, can exercise for himself.

However, parental officers will intervene in these cases by virtue of their care and assistance duties.

2. # Those where there is conflict of interest between parents and child.

3. The relative to goods that are excluded from the parents ' administration.

To conclude contracts that require the child to make personal benefits, the child's prior consent is required if he or she has sufficient judgment, without prejudice to the provisions of Article 158. "

Thirteen. Article 172 is amended as follows:

" Article 172.

1. When the Public Entity to which, in the respective territory, is entrusted with the protection of minors it is found that a minor is in a situation of distress, has by law ministry the protection of the same and must adopt the measures The Court of First Instance held that the Court of Justice held that the Court of First Instance held that the Court of First Instance held a hearing. The administrative decision declaring the situation of distress and the measures taken shall be notified in legal form to the parents, guardians or guardors and to the least affected if they have sufficient maturity and, in any case, if they are greater than 12 years, immediately without exceeding the maximum period of forty-eight hours. The information shall be clear, comprehensible and in accessible format, including the causes which gave rise to the administration's intervention and the effects of the decision taken, and in the case of the minor, adapted to its degree of maturity. Whenever possible, and especially in the case of the minor, this information will be provided in a face-to-face manner.

It is considered to be a situation of helplessness that occurs in fact because of the failure or 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, acts of patrimonial content carried out by parents or guardians representing the child and in the interests of the child shall be valid.

The Public Entity and the Prosecutor's Office may promote, if necessary, the deprivation of the fatherland and the removal of the guardianship.

2. During the two-year period from the notification of the administrative decision declaring the situation of distress, the parents who continue to hold the parental authority but are suspended in accordance with the provisions of the paragraph 1, or the guardians who, under the same paragraph, have suspended the guardianship, may request the Public Entity to cease the suspension and the declaration of a situation of distress of the child, if, for change of circumstances, be revoked that they have been motivated, they understand that they are in a position to assume again the homeland power or the tutelage.

At the same time, they will be able to oppose the decisions that are taken regarding the protection of the child.

This time limit will be the right of parents or guardians to request or oppose decisions or measures to be taken for the protection of the child. However, they may provide information to the Public Entity and the Prosecutor's Office about any change in the circumstances that led to the declaration of distress.

In any case, after two years, only the Fiscal Ministry will be entitled to oppose the resolution of the Public Entity.

During that two-year period, the Public Entity, pondering the situation and making it known to the Prosecutor's Office, may take any protective measures, including the adoption proposal, when there is a Predicted forecast of definitive impossibility of return to the family of origin.

3. The Public Entity, either on its own initiative or at the request of the Prosecutor's Office or of the person or entity concerned, may revoke the declaration of a situation of distress and decide the return of the child with his family, provided that it is understood that it is best suited to your interest. That decision shall be notified to the Ministry of Taxation.

4. In compliance with the obligation to pay immediate attention, the Public Entity may assume the provisional custody of a minor by means of administrative decision, and it shall inform the Prosecutor's Office, at the same time, to practice the precise steps to identify the child, investigate his or her circumstances and, where appropriate, verify the actual situation of distress.

Such measures shall be carried out as soon as possible, during which time, if necessary, the declaration of the situation of distress and consequent assumption of the protection or the promotion of the measure of protection. If there are persons who, for their relations with the child or for other circumstances, may assume the protection in the interests of the latter, the appointment of guardian according to the ordinary rules shall be promoted.

When the time limit has elapsed and the tutelage or other resolution has not been formalized, the Fiscal Ministry will promote the actions to ensure the adoption of the most appropriate protection measure. of the child by the Public Entity.

5. The Public Entity shall cease in the protection it has on the minors declared in a situation of distress when it finds, through the corresponding reports, the disappearance of the causes that motivated its assumption, by some of the alleged provided for in Articles 276 and 277.1, and where it establishes any of the following circumstances:

a) That the child has voluntarily moved to another country.

(b) The child is in the territory of another autonomous community whose Public Entity has issued a resolution on the declaration of a situation of distress and assumed its protection or corresponding protection measure; or understand that it is no longer necessary to take protective measures in the light of the situation of the child.

c) That six months have elapsed since the child voluntarily left the protection center, finding himself in unknown whereabouts.

The provisional guardian will cease for the same reasons as the guardianship. "

Fourteen. Article 172a is included, which is worded as follows:

" Article 172 bis.

1. Where parents or guardians, due to serious and temporary circumstances duly accredited, are unable to care for the child, they may request the Public Entity to take over the child for the necessary time, which may not exceed two years. as a maximum time limit for the temporary care of the child, unless the best interest of the minor advises, exceptionally, the extension of the measures. After the deadline or the extension, where appropriate, the child shall return to his parents or guardians or, if the circumstances are not appropriate, to be declared in a legal situation of distress.

The voluntary delivery of the guardian shall be made 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 manner in which they are responsible. is to be exercised by the Public Entity, in particular to minors with disabilities, the continuity of specialized support that they have received or the adoption of others more appropriate to their needs.

The administrative decision on the assumption of the guardian by the Public Entity, as well as any subsequent changes in its form of exercise, will be based on and communicated to the parents or guardians and to the Ministry of Education. Prosecutor.

2. The Public Entity shall also assume the guardian when the Judge so agrees in the cases where it is legally applicable, taking the appropriate protective measure. "

Fifteen. Article 172 b is added, with the following wording:

" Article 172 ter.

1. The guard shall be carried out by means of a family reception and, where this is not possible or suitable for the interest of the child, by residential accommodation. The family reception shall be carried out by the person or persons determined by the Public Entity. The residential accommodation shall be exercised by the Director or responsible for the centre where the child is received, in accordance with the terms laid down in the child protection legislation.

They may not be welcoming those who cannot be guardians in accordance with the provisions of the law.

The resolution of the Public Entity in which the guardian measure is formalized shall be notified to the parents or guardians who are not deprived of the parental authority or guardianship, as well as to the Prosecutor's Office.

2. The interest of the child will always be sought and prioritized, when it is not contrary to that interest, their reintegration into the family itself, and that the guardian of the brothers is entrusted to the same institution or person to remain united. The situation of the child in relation to his or her family of origin, both as regards his or her guardian and the arrangements for visits and other forms of communication, shall be reviewed at least every six months.

3. The Public Entity may agree, in relation to the child in a family or residential accommodation, when it is appropriate to its interest, stays, weekends or holidays with families or with institutions dedicated to these functions. To this end, only persons or institutions appropriate to the needs of the child shall be selected. Such measures shall be agreed upon once the child has been heard if he has sufficient maturity and, in any case, if he is older than 12 years.

The delegation of guarstors for stays, weekend departures or holidays shall contain the terms of the same and the information necessary to ensure the welfare of the child, in particular of all restrictive measures. which has established the Public Entity or the Judge. Such a measure shall be communicated to the parents or guardians, provided that they have not been deprived of the exercise of the parental authority or removed from the exercise of the protection, as well as to the host. The data of these guarders shall be preserved when it is appropriate for the interest of the minor or fair cause.

4. In the case of a declaration of a situation of distress or of taking care of the guardian by administrative or judicial decision, the amount to be paid by the parent or guardian may be established by the Public Entity in order to contribute, as a result of food and depending on its potential, the costs arising from the care and care of the child, as well as those arising from civil liability which may be charged to minors for acts carried out by them. "

Sixteen. Article 173 is amended as follows:

" Article 173.

1. The family welcome produces the lowest participation of the child in the family life and imposes to those who receive them the obligations to watch over him, to have him in his company, to feed him, to educate him and to provide him with an integral formation in an affective environment. In the case of a minor with disabilities, you will need to continue with the specialized supports that you will be receiving or adopt others that are more appropriate to your needs.

2. The reception shall require the consent of the host and the child if he/she has sufficient maturity and, in any case, if he/she is over 12 years of age.

3. If there are serious problems of co-existence between the child and the person or persons entrusted to the family, the person, the person, the Ministry of the Prosecutor, the parents or guardian who are not deprived of the Parental authority or guardianship or any interested person may request the Public Entity to remove the guardian.

4. The child's family reception shall cease:

a) By judicial resolution.

(b) By resolution of the Public Entity, either on its own initiative or on a proposal from the Prosecutor's Office, of the parents, guardians, welcoming persons or of the child themselves if they have sufficient maturity, when deemed necessary to safeguard the interest of the same, ears the host, the minor, his parents or guardian.

c) By death or death declaration of the child's welcoming or welcoming.

d) By the age of the child.

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

seventeen. Article 173a is amended, which is worded as follows:

" Article 173 bis.

1. The family accommodation may take place in the family's own extended family or in the family, and in the latter case it may be specialized.

2. The family reception may adopt the following modalities in the light of their duration and objectives:

(a) Family emergency support, mainly for children under six years of age, which will last no longer than six months, as long as the appropriate family protection measure is decided.

b) temporary family benefit, which shall be of a transitional nature, either because of the minor's situation, the reintegration of the child into his or her own family is envisaged, or as long as a protection measure is adopted more stable character such as permanent family accommodation or adoption. This accommodation shall be for a maximum of two years, unless the best interest of the child advises the extension of the measure for the foreseeable and immediate family reintegration or the adoption of another definitive protection measure.

(c) Permanent family accommodation, which shall be well established at the end of the two-year period of temporary accommodation as family reintegration is not possible, or directly in cases of children with special needs or when the circumstances of the child and his family so advise. The Public Entity may request from the Judge to assign to the permanent host those powers of the guardianship that facilitate the performance of their responsibilities, taking care, in any case, to the best interests of the child. "

Eighteen. Article 174 is amended, which is worded as follows:

" Article 174.

1. The Ministry of Public Health is responsible for the supervision of the protection, reception or keeping of minors referred to in this section.

2. To this end, the Public Entity will give you immediate news of the new income of minors and will send you a copy of the administrative resolutions of formalization of the constitution, variation and cessation of the cloths, guards and welcome. It will also account for any new interest in the circumstances of the child.

The Prosecutor's Office shall verify, at least semi-annually, the status of the child and shall promote to the Public Entity or the Judge, as appropriate, any protective measures deemed necessary.

3. The supervision of the Prosecutor's Office shall not exempt the Public Entity from its responsibility to the child and its obligation to bring to the attention of the Fiscal Ministry the anomalies that it observes.

4. In order to carry out the task of supervising the supervision of the protection, reception or keeping of minors, where necessary, the Prosecutor's Office may request the preparation of reports by the corresponding services of the Competent Public Administrations.

For these purposes, the corresponding services of the competent public authorities shall address the requests for information submitted by the Prosecutor's Office in the course of the investigations to determine the risk or distress situation in which a child may be found. "

nineteen. Article 175 is amended as follows:

" Article 175.

1. Adoption requires the adopter to be older than twenty-five years. If the adopters are two, it will be sufficient for one of them to reach that age. In any event, the age difference between adopters and adopters shall be at least sixteen years and shall not exceed 40 years and shall not exceed five years, except in the cases provided for in Article 176.2. When the adopters are two, it will be enough for one of them not to have that maximum age difference with him adopting. If future adopters are willing to adopt groups of siblings or children with special needs, the maximum age difference may be higher.

It cannot be adopters that cannot be guardians according to the provisions of this code.

2. Only the least non-emancipated minors may be adopted. By way of exception, it will be possible to adopt a higher age or an emancipated minor when, immediately before the emancipation, there has been a situation of acceptance with the future adopters or of stable coexistence with them, to the less, one year.

3. Cannot be adopted:

1. º A descendant.

2. A second degree relative of the collateral line by consanguinity or affinity.

3. A pupil by his or her guardian until the justified general account of the guardianship has been definitively approved.

4. No one may be adopted by more than one person, unless the adoption is carried out jointly or successively by both spouses or by a couple united by a similar relationship of affectivity to the spousal. The marriage concluded after the adoption will allow the spouse to adopt the children of his consort. This provision will also apply to couples who are subsequently established. In the event of the death of the adopter, or where the adopter suffers the exclusion provided for in Article 179, a further adoption of the adopter shall be possible.

5. In the event that the adoption is in permanent accommodation or is kept for the purposes of adoption of two spouses or of a partner united by analogous relation of affectivity to the conjugal, the separation or legal divorce or rupture of the relationship of the The same applies to the adoption of the joint adoption, provided that the effective co-existence of the adoption with both spouses or the partner together with the same partner can be promoted. the relationship of a similar nature to the spousal for at least two years prior to the adoption proposal. '

Twenty. Article 176 is amended as follows:

" Article 176.

1. The adoption shall be constituted by judicial decision, which shall 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 will be necessary in favor of the adopter or adopters that the Public Entity has declared suitable for the exercise of the parental authority. The suitability statement shall be prior to the proposal.

However, no such proposal will be required when in the adoption of any of the following circumstances:

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

2. Be the child of the spouse or the person who is joined to the adopter by analogous relationship of affectivity to the spousal.

3. Take more than one year in custody for adoption or have been under the foster care of the adopter for the same time.

4. Be older or less emancipated.

3. The ability, fitness and motivation appropriate to exercise parental responsibility, taking into account the needs of minors to be adopted, and to take on the peculiarities, consequences and responsibilities of the child, are considered as appropriate. adoption.

The declaration of suitability by the Public Entity will require a psychosocial assessment of the personal, family, relational and social situation of the adopters, as well as their ability to establish stable and secure links, their educational skills and their ability to attend to a child according to their unique circumstances. Such a statement of suitability shall be formalised by the appropriate resolution.

It shall not be declared appropriate for the adoption of those who are deprived of the parental rights or who have suspended their exercise, nor those who have entrusted the guardian of their child to the Public Entity.

People who are offered for adoption will be required to attend information and preparation sessions organized by the Public Entity or authorized contributing entity.

4. Where one of the circumstances 1, 2, 2 or 3 is present, the adoption may be made, even if the adopter has passed away, if the latter has already given the consent or the consent of the judge has been granted to the judge. by public document or in will. The effects of the judgment in this case shall be rolled back to the date of delivery of such consent. "

Twenty-one. Article 176a is added with the following wording:

" Article 176a.

1. The Public Entity may delegate the guardian of a child declared to be in distress to persons who, by meeting the requirements of the capacity to adopt provided for in Article 175 and having given their consent, have been prepared, declared eligible and allocated for adoption. To this end, the Public Entity, prior to the submission of the adoption proposal, shall delegate the holding for adoption until the adoption of the judicial decision of adoption, by means of a duly substantiated administrative decision, prior to the hearing of the persons concerned and of the child if he has sufficient maturity and, in any case, if he is more than 12 years of age, that the parents or guardians of the fatherland or guardianship shall be notified.

Keepers for adoption purposes will have the same rights and obligations as family members.

2. Unless otherwise appropriate to the interest of the child, the Public Entity shall suspend the system of visits and relations with the family of origin when the period of pre-adoption referred to in the preceding paragraph is initiated, except in the cases provided for in Article 178.4.

3. The proposal for the adoption of the decision shall be made as soon as possible and, in any event, no later than three months after the date on which the delegation of the holding for adoption has been agreed. However, where the Public Entity considers it necessary, depending on the age and circumstances of the child, to establish a period of adaptation of the child to the family, that period of three months may be extended to a maximum of one year.

In the event that the Judge does not consider that adoption, the Public Entity must determine the most appropriate protective measure for the child. "

Twenty-two. Article 177 is amended, which is worded as follows:

" Article 177.

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 should settle for adoption:

1. The spouse or person joined to the adopter by analogous relationship of affectivity to the spousal unless it mediates separation or legal divorce or rupture of the couple that consists fehacently, except in the cases in which the adoption is to be formalized together.

2. The progenitors 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 the adversarial judicial procedure which will be dealt with under 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.

Nor shall the consent of the parents who have suspended the parental authority be necessary when two years have elapsed since the notification of the declaration of distress, in the intended terms in Article 172.2, without opposition to it or where, in the interim, it would have been rejected.

Mother's consent may not be provided until six weeks have elapsed since delivery.

In adoptions which require prior proposal, the consent of the parents shall not be permitted to refer to certain adopters.

3. They shall be 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 welcoming family, and the keeper or guarantors.

3. The adoption of less than twelve years according to their age and maturity.

4. Consents and consents shall be freely granted, in the legal form required and in writing, after information of their consequences. "

Twenty-three. Article 178 is amended as follows:

" Article 178.

1. The adoption produces the extinction of the legal links between the adopted and its family of origin.

2. By way of derogation, the legal links with the parent's family which, as appropriate, correspond to:

(a) When the adoptee is the son of the spouse or the person joined to the adopter by analogous relationship of affectivity to the spousal, even if the consort or the couple have passed away.

(b) Where only one of the parents has been legally determined, provided that such effect has been requested by the adopter, the adopter of twelve years and the parent whose link is to persist.

3. The provisions of the above paragraphs are without prejudice to the provisions on matrimonial impediments.

4. Where the interest of the child so advises, due to his or her family situation, age or any other significant circumstance assessed by the Public Entity, the maintenance of some form of relationship or contact through visits may be agreed upon. or communications between the child, the members of the family of origin that is considered and the adoptive, especially by favouring, when this is possible, the relationship between the biological siblings.

In these cases, the Judge, when constituting the adoption, may agree to maintain such relationship, determining its periodicity, duration and conditions, on a proposal from the Public Entity or the Fiscal Ministry and with the the consent of the adoptive family and of the adoption if it has sufficient maturity and always if it is greater than twelve years. In any case, it will be heard the adoption of less than twelve years according to his age and maturity. If necessary, this relationship shall be carried out with the intermediary of the Public Entity or entities accredited for that purpose. The Judge may also agree to the amendment or termination of the child's best interests. The Public Entity shall transmit to the Judge regular reports on the development of the visits and communications, as well as proposals for maintenance or modification of the visits and communications during the first two years, and, after these, at the request of the Judge.

They are entitled to request the suspension or deletion of such visits or communications to the Public Entity, the adoptive family, the family of origin and the child if they have sufficient maturity and, in any case, if they are greater than twelve years.

In the suitability statement it must be stated whether the persons who are offered for adoption would agree to adopt a child who was to maintain the relationship with the family of origin. "

Twenty-four. Paragraphs 2 and 5 are amended and paragraph 6 is inserted in Article 180, which shall be worded as follows:

" 2. The Judge shall agree to the termination of the adoption at the request of any of the parents who, through no fault of his or her own, did not intervene in the file under the terms of Article 177. It will also be necessary for the application to be brought within two years of the adoption and that the extinction requested does not seriously harm the child.

If the adoptee is older, the extinction of adoption will require your express consent. "

" 5. The Public Entities shall ensure the preservation of the information they have in relation to the origins of the child, in particular information regarding the identity of their parents, as well as the medical history of the child and their family, and shall keep for at least 50 years after the adoption has become final. Conservation shall be carried out on the sole basis that the person adopted may exercise the right referred to in the following paragraph.

6. People who are adopted, who are of the age of majority or during their age minority through their legal representatives, will have the right to know the data on their biological origins. The Public Entities, upon notification to the affected persons, shall provide the advice and assistance they need to make this right through their specialised services.

For these purposes, any private or public entity will have an obligation to provide the Public Entities and the Fiscal Ministry with the necessary reports and records on the child and his family of origin. "

Twenty-five. Article 216, to which the following paragraph is added, is

:

" If it were minors who are under the protection of the Public Entity, these measures can only be granted, or at the request of the latter, of the Prosecutor's Office or the minor. The Public Entity shall be a party to the procedure and the measures agreed shall be communicated to the Public Entity, which shall transfer such communication to the Director of the residential centre or the welcoming family. "

Twenty-six. Article 239 is amended, which is worded as follows:

" Article 239.

1. The protection of minors who are in a situation of helplessness shall be the responsibility of the Ministry of Law for the Public Entity.

2. However, the appointment of a guardian in accordance with the ordinary rules shall be carried out where there are persons who, for their relations with the minor or for other circumstances, may take over the protection in the interests of the latter.

In these cases, prior to the judicial appointment of an ordinary guardian or in the same resolution, the suspension or deprivation of the parental authority or removal of the guardian shall be agreed upon.

3. They shall be entitled to the exercise of the actions of deprivation of parental authority, removal of the guardian and for the application for the appointment of guardian of the minors in distress, the Ministry of Public Health, the Public Entity and the calls to the exercise of guardianship. "

Twenty-seven. Article 239 a is added, which is worded as follows:

" Article 239 bis.

the public entity to which the protection and support of persons with the judicial modified capacity is entrusted in the respective territory, shall be designated as a guardian when the protection of the public has not been constituted any person in accordance with Article 234.

In addition, it will assume, by law ministry, the protection of persons with the judicial modified capacity when they are in a situation of distress, and they must give an account to the judicial authority that modified their capacity.

It is considered as a situation of distress to these effects, which occurs in fact when the person with the modified capacity judicially is deprived of the necessary assistance because of the non-compliance or the impossible or inadequate exercise of the duties incumbent upon the person appointed to exercise the guardianship, in accordance with the law, or as a guardian. "

Twenty-eight. Article 303 is amended as follows:

" Article 303.

1. Without prejudice to Article 228, where the judicial authority is aware of the existence of a keeper, it may require him to report the situation of the person and property of the child, or of the person who he may specify an institution of protection and support, and his/her performance in relation to them, and may also establish the control and surveillance measures that he considers appropriate.

Cautiously, as long as the situation of the guardian is maintained and until the appropriate protection measure is constituted, if it were to proceed, the guardiors could be judicially granted tutelary faculties. Similarly, if the child is a minor, a temporary accommodation may be provided, with the keepers being welcoming.

2. The declaration of a situation of relief for minors and persons with the right to a judicially modified capacity will be carried out when, in addition to this circumstance, the objective budgets for lack of assistance are given referred to in Articles 172 and 239 bis.

In other cases, the keeper may in fact promote the deprivation or suspension of the parental rights, removal of the guardianship or the appointment of guardian. "

Twenty-nine. Article 1263 is amended as follows:

" Article 1263.

They cannot provide consent:

1. The unemancipated minors, except in those contracts which the laws allow them to carry out by themselves or with the assistance of their representatives, and those relating to goods and services of the current life of their age compliance with social uses.

2. º. Those who have their capacity modified judicially, in the terms indicated by the judicial resolution. "

Thirty. Article 1264 is amended, which is worded as follows:

" Article 1264.

The provisions of the foregoing article are without prejudice to any legal prohibitions or special requirements of capacity that laws may establish. "

Article 3. Amendment of Law 54/2007 of 28 December of International Adoption.

Law 54/2007 of 28 December of International Adoption is amended as follows:

One. Article 1 is amended as follows:

" Article 1. Purpose and scope of the law.

1. This law regulates the intervention of the General Administration of the State, Public Entities and accredited bodies for international adoption, the capacity and requirements to be met by the persons offered to adopt, as well as the rules of private international law relating to the adoption and other measures of international protection of minors in cases where there is a foreign element.

2. For the purposes of Title I of this Law, it is understood by international adoption that a minor considered to be adopted by the competent foreign authority and with habitual residence abroad, is or will be displaced to Spain by adopters with habitual residence in Spain, either after their adoption in the State of origin, or in order to constitute such adoption in Spain. "

Two. The second paragraph of Article 2 is amended as follows:

" 2. The purpose of this law is to protect the rights of minors who are to be adopted, considering also those of the persons who are offered for adoption and other persons involved in the international adoption process. "

Three. Article 3 is amended as follows:

" Article 3. Reporting principles.

The regulation contained in this law, as well as in the rest of the rules of the Spanish legal system concerning the adoption and other measures of international protection of minors, will respect the inspiring principles of the Convention on the Rights of the Child of 20 November 1989 of the Hague Convention of 29 May 1993 on the Protection of the Rights of the Child and Cooperation in the Field of International Adoption of the Hague Convention of 19 October 1993 1996, concerning jurisdiction, the applicable law, the recognition, enforcement and cooperation in the field of The Council of Europe's Convention on the Protection of the Child and the Protection of Children, the Convention of the Council of Europe on the Adoption of Minors in Strasbourg on 27 November 2008 and Council Regulation (EC) No 2201/2003 of 27 June 2008 on the November 2003, concerning jurisdiction, recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility.

The State, as far as possible, shall include the standards and safeguards provided for in those instruments in the bilateral agreements or agreements concerning the international adoption and protection of minors who subscribe to the Non-Contracting States or States bound by them. '

Four. Article 4 is amended as follows:

" Article 4. Foreign Policy.

1. The General Administration of the State, in collaboration with the Public Entities, will determine the initiation of the processing of adoptions with each country of origin of the minors, as well as the suspension or cessation of the same.

2. No offers shall be made for the adoption of national minors from another country or with habitual residence in another State in the following circumstances:

(a) Where the country in which the child is the least adopted is in war or is in a natural disaster.

(b) If there is no specific authority in the country to monitor and ensure adoption and to refer the allocation proposal to the Spanish authorities with information on the adoption of the child and the rest of the information Article 5 (e) of the first subparagraph

Article 5 (1)

(c) Where in the country the appropriate guarantees are not given for the adoption and the practices and formalities of the adoption do not respect the interest of the minor or do not comply with the international ethical and legal principles referred to in the article 3.

3. The General Administration of the State, in collaboration with the Public Entities, shall determine at any time which countries are incourses in one of the circumstances provided for in the previous paragraph for the purpose of deciding whether to initiate or suspend the processing of adoptions in them.

4. The processing of offers for the adoption of those foreign minors who have been displaced to Spain in humanitarian programs for temporary stay due to vacations, studies or medical treatment, will require such stays they have been completed and have been declared adoptable in their country of origin.

5. The General Administration of the State, in collaboration with the Public Entities, shall establish the number of international adoption files that it shall transmit annually to each country of origin of the minors, taking into account the average of adoptions constituted in the last two years and the number of files that are pending assignment of a minor.

To this end, a number of cases of more than three times the average number of adoptions set up during that period may not be processed with each country, unless changes in legislation, practices and policies on adoption The international community of the countries of origin justifies it.

In the case of the start of the processing with a new country, this number will be fixed according to the information available on expectations of adoption with that country.

The distribution of this maximum number between autonomous communities and accredited bodies shall be determined by agreement with the Public Entities.

No quota will be established for the processing of adoptions of minors with special needs, unless there are circumstances that warrant it.

The provisions of this paragraph shall be carried out with the criteria and with the procedure to be determined.

6. The General Administration of the State, before determining the initiation, suspension or cessation of the processing of adoptions with each country of origin of the minors, shall obtain information from the accredited bodies, if any. It may also collect information from third countries which have initiated, suspended or paralysed the processing of adoptions with the country of origin, as well as with the Permanent Bureau of the Hague Conference on International Law. Private. "

Five. The heading of Chapter II of Title I is amended, as follows:

" CHAPTER II

Public entities and accredited bodies "

Six. Article 5 is amended as follows:

" Article 5. Intervention by Public Entities.

1. In terms of international adoption, it is up to the Public Entities:

(a) Organize and provide information on legislation, requirements and procedures necessary in Spain and in the countries of origin of minors, ensuring that this information is as complete, truthful and up-to-date as possible and free access for the families concerned and the accredited bodies.

b) Provide families with the necessary training throughout the process to enable them to understand and address the implications of international adoption, preparing them for the proper exercise of their responsibilities This is the first time. They may delegate this function to accredited bodies or to duly authorised institutions or entities.

c) Receive the offers for adoption in any case, and their processing, either directly or through accredited bodies.

(d) to request, in any case, certificates of suitability, after preparation, either directly or through duly authorized institutions or entities, of the psychosocial report of the persons offered for adoption; and, where required by the country of origin of the adoption, the monitoring commitment.

e) Receiving the assignment of the child of the competent authorities of the country of origin in which information on their identity, their adoptability, their social and family environment, their medical history and particular needs are included; as the information concerning the granting of consents of persons, institutions and authorities required by the legislation of the country of origin.

(f) Give conformity to the adequacy of the characteristics of the child assigned by the competent body of the country of origin with which they appear in the psychosocial report accompanying the certificate of suitability.

g) Offer throughout the process of international adoption technical support for children and people who are offered for adoption, paying particular attention to the people they will adopt or have adopted children with special features or needs. During the stay of the adopters abroad they will be able to count on the collaboration of the Foreign Service.

(h) Reporting of the follow-ups required by the country of origin of the child, which may be entrusted to the accredited bodies or to other authorised entities.

i) Establish qualified post-adoption and mediation support resources for the search for origins, for the appropriate attention of adoptees and adopters, which may be entrusted to accredited bodies or authorized entities.

(j) Reporting to the General Administration of the State on the accreditation of the bodies, as well as controlling, inspecting and drawing up the guidelines for the monitoring of bodies that have their headquarters in their field territorial for those intermediation activities carried out on its territory.

2. In their actions on international adoption, the Public Entities will promote measures to achieve maximum coordination and collaboration between them. In particular, they shall ensure the homogenisation of procedures, deadlines and costs.

3. The Public Entities shall provide the General Administration of the State with statistical information on the processing of international adoption files. "

Seven. Article 6 is amended as follows:

" Article 6. The activity of intermediation in international adoption.

1. International adoption means any activity which is intended to intervene by contacting or in relation to the persons offered for adoption with the authorities, organisations and institutions of the country of origin or residence of the child likely to be adopted and provide sufficient assistance to enable the adoption to be carried out.

2. The function of intermediation in international adoption may be carried out by public entities directly with the central authorities in the countries of origin of minors who have ratified the Hague Convention of 29 May 1993, on the protection of the child and cooperation in the field of international adoption, provided that at the stage of administrative processing in the country of origin, no natural or legal person or body is involved which has not been duly accredited.

The role of intermediation in international adoption may be carried out by duly accredited bodies.

No other person or entity may intervene in intermediary functions for international adoptions.

However, the General Administration of the State, in collaboration with the Public Entities, may establish that, in respect of a given State, only offers of international adoption will be processed through bodies accredited or authorised by the authorities of both States.

3. The functions to be performed by the accredited bodies for intermediation shall be as follows:

a) Information to stakeholders on international adoption.

b) Advice, training and support for people who are offered for adoption in the meaning and implications of adoption, in the relevant cultural aspects and in the procedures that they must necessarily carry out in Spain and in the countries of origin of minors.

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

(d) Intervention in the processing and implementation of the corresponding arrangements for the fulfilment of the post-adoption obligations established for adopters in the legislation of the country of origin of the adopted child, who be entrusted in the terms set by the Spanish Public Entity where the family is offered for adoption.

4. The accredited bodies shall intervene in the terms and conditions laid down in this law and in the rules of the Autonomous Communities.

5. Accredited bodies may establish cooperation agreements between them in order to deal with situations that have been overcome or for better compliance with their purposes.

6. In international adoptions, financial benefits may never be produced other than those that are accurate to strictly cover the necessary expenses of intermediation and approved by the General Administration of the State and by the Public Entities. "

Eight. Article 7 is amended as follows:

" Article 7. Accreditation, monitoring and control of accredited bodies.

1. Only the non-profit entities registered in the register concerned, which have as their purpose in their statutes the protection of minors, may be accredited for international adoption. Multidisciplinary materials and equipment necessary for the development of the tasks entrusted and managed and managed by persons qualified for their moral integrity, training and experience in the field of adoption

2. The General Administration of the State shall be responsible, in the terms and in accordance with the procedure to be established, for the accreditation of the bodies referred to above, prior to the report of the Public Entity in the territory of which they have its headquarters, as well as its monitoring and monitoring of the intermediary activities to be carried out in the country of origin of the minors.

In the General Administration of the State there will be a specific national public register of accredited bodies whose functioning will be the subject of regulatory development.

3. The control, inspection and monitoring of these bodies in respect of the activities to be carried out in the territory of each autonomous community shall correspond to the competent Public Entity in each of them, in accordance with the rules applicable autonomic.

The competent Public Entities shall ensure as much homogeneity as possible in the basic requirements for the performance of that control, inspection and monitoring activity.

4. The accredited bodies shall designate the person to act as their representative and the families to the authority of the country of origin of the child. The professionals employed by the accredited bodies in the countries of origin of the minors shall be considered as personnel assigned to the agency, which shall be responsible for the acts of those professionals in the exercise of their intermediary functions. These professionals must be evaluated by the General Administration of the State, after information from the Public Entities.

5. In the event that the foreign country for which the authorization is provided for establishes a limited number of accredited bodies, the General Administration of the State, in collaboration with the Public Entities and with the authorities of that country, determine which bodies should be accredited to act on the same.

If any country of origin of minors susceptible to adoption established a limit on the number of files to be processed by each accredited body and would result in any of them with assigned quota not having files which processing in that country, the same may be processed, subject to the authorization of the General Administration of the State in collaboration with the Public Entities and with the consent of the persons offered for adoption, files that are processing by other accredited bodies.

6. The General Administration of the State, in collaboration with the Autonomous Communities, may establish a maximum number of accredited agencies for intermediation in a particular country, in accordance with the needs of international adoption in that country, adoptions constituted or other issues concerning the provision of possibilities for international adoption in the same.

7. The General Administration of State, on its own initiative or on a proposal from the Public Entities in its territorial scope, may suspend or withdraw, by means of a contradictory file, the accreditation granted to those bodies that cease to comply with the the conditions which gave rise to their granting or which infringe the legal order. This suspension or withdrawal of accreditation may take place generally for all countries authorised or only for a particular country. In such cases, it may be possible to determine, where appropriate, the necessary finalisation of the pending files by the accredited body for loss of rating.

8. For the monitoring and control of the accredited bodies, the corresponding coordination of the General Administration of the State with the Public Entities will be established.

9. The accredited bodies shall provide the General Administration of the State with statistical information on the processing of international adoption files.

10. The General Administration of the State shall exercise the powers provided for in paragraphs 2, 4, 5, 6, 7 and 8 of this Article, in the terms and with the procedure to be determined. '

Nine. Article 8 is amended as follows:

" Article 8. Relationship of the people on offer for adoption and accredited bodies.

1. Persons who are offered for adoption may contract the intermediary services of any body that is accredited by the General Administration of the State.

2. The body and the persons who are offered for adoption shall formalize a contract relating exclusively to the intermediation functions which it assumes with respect to the processing of the offer of adoption.

The basic model of contract must be previously approved by the General Administration of the State and the Public Entities, in the manner in which it is determined to be regulated.

3. For the exclusive fulfilment of the powers laid down in Articles 5.1.j and 7.2, the General Administration of the State and the Public Entities shall keep a record of the complaints and incidents concerning adoption processes. international, whose operation will be the subject of regulatory development.

4. The accredited bodies must keep a single register of adoption procedures in which all the persons who are offered for the adoption for whose processing are signed a contract shall be included, irrespective of the Autonomous community of residence. "

Ten. Article 9 is amended as follows:

" Article 9. Communication between competent Spanish authorities and competent authorities of other States.

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 Hague Convention of 29 May 1993 on protection of the child and cooperation in the field of international adoption, even if they are not a part of it. "

Once. Article 10 is amended as follows:

" Article 10. Suitability of adopters.

1. The ability, fitness and motivation appropriate to exercise parental responsibility, taking into account the needs of minors to be adopted, and to take on the peculiarities, consequences and responsibilities of the child, are considered as appropriate. adoption.

2. To this end, the declaration of suitability will require a psychosocial assessment of the personal, family and relational situation of the people who are offered for adoption, their ability to establish stable and secure bonds, their skills education and its ability to attend to a child according to his or her particular circumstances, as well as any other useful element related to the uniqueness of international adoption. Also, in this psychosocial assessment, the children of those who are offered for adoption must be heard, in accordance with the provisions of Article 9 of the Organic Law 1/1996, of 15 January, of the Legal Protection of the Child, partial modification of the Civil Code and the Civil Procedure Act.

Public Entities will seek the necessary coordination in order to homogenize the criteria for assessment of suitability.

3. The declaration of suitability and the psychosocial reports concerning the same shall be valid for a maximum of three years from the date of its issuance by the Public Entity, provided that no substantial changes in the personal situation occur. and family members of the persons who are offered for adoption which gave rise to such a declaration, subject to the conditions and limitations laid down, where appropriate, in the autonomous legislation applicable in each case.

4. It is for the Public Entities to declare the suitability of the persons offered for adoption on the basis of the psychosocial assessment referred to in paragraph 2, which shall be subject to the conditions, requirements and limitations. established in the relevant legislation.

5. The persons offered for adoption may be valued and, if appropriate, be declared eligible simultaneously for national adoption and international adoption, and the processing of their offer is compatible for the two scopes. "

Twelve. Article 11 is amended as follows:

" Article 11. Pre-adoption and post-adoption obligations for adopters.

1. The persons who are offered for adoption must attend the briefings and preparation sessions organised by the Public Entity or by the accredited body with prior and mandatory character to the application for the suitability statement.

2. The adopters shall provide, in the time provided for, the information, documentation and interviews which the Public Entity, accredited body or authorised entity requires for the preparation of the post-adoption monitoring reports required by the the Public Entity or the competent authority of the country of origin. The non-collaboration of adopters at this stage may result in administrative penalties provided for in the autonomic legislation and may be considered a cause of non-suitability in a subsequent adoption process.

3. Adopters will have to meet in due time the post-adoption procedures established by the legislation of the country of origin of the adopted child, receiving the necessary assistance and advice from the Public Entities and the accredited bodies. "

Thirteen. Article 12 is amended as follows:

" Article 12. The right to know the biological origins.

The persons adopted, reached the majority of age or during their age minority through their legal representatives, will have the right to know the data that on their origins is in the power of the Public Entities, without prejudice to any limitations which may arise from the legislation of the countries of origin of minors. This right shall be effective with the advice, assistance and mediation of the specialised services of the Public Entity, the accredited bodies or entities authorised for that purpose.

The competent Public Entities shall ensure the preservation of the information they have in relation to the child's origins, in particular information regarding the identity of their parents, as well as medical history. of the child and his family.

The accredited bodies that would have been involved in the adoption should inform the Public Entities of the data they have on the origins of the child. "

Fourteen. Article 13 is amended as follows:

" Article 13. Protection of personal data.

1. The processing and transfer of data derived from the fulfillment of the provisions of this law shall be subject to the provisions of the Organic Law 15/1999 of 13 December on the Protection of Personal Data.

2. The data obtained by the Public Entities or accredited bodies may be processed only for purposes relating to the development, in each case, of the functions described for each of them in Articles 5 and 6.3 of this law.

3. The international transfer of the data to foreign adoption authorities shall be carried out only in the cases expressly provided for in this law and in the Hague Convention of 29 May 1993 on the protection of the child and the cooperation in the field of international adoption and other international law. "

Fifteen. Article 14 (2) is amended and read as follows:

" 2. The Spanish nationality and the habitual residence in Spain will, in any case, be appreciated at the time of the submission of the offer for adoption to the Public Entity. "

Sixteen. The heading of Article 15 is amended, paragraph 3 is deleted and paragraph 4, which becomes the 3, is re-listed, as follows:

" Article 15. International jurisdiction for the declaration of nullity or conversion into full adoption of non-full adoption in international cases. "

" 3. For the purposes of this law, a simple or non-full adoption shall be understood to mean that constituted by a competent foreign authority whose effects do not correspond substantially to those provided for in the legislation "

seventeen. Article 17 is amended as follows:

" Article 17. Competence of the consuls in the constitution of international adoptions.

1. Provided that the local State does not object to it or prohibit its legislation in accordance with international treaties and other international implementing rules, the consuls may constitute adoptions in the event that the adopter is Spain, the adoption has its habitual residence in the corresponding consular demarcation and the prior proposal of the Public Entity is not necessary in accordance with the circumstances 1., 2. and 4. of the article 176.2 of the code Civil. The nationality of the adopter and the habitual residence of the adopter shall be determined at the time of initiation of the adoption file.

2. The processing and resolution of this adoption file shall apply the legislation on voluntary jurisdiction. "

Eighteen. The division by sections of Chapter II of Title II is deleted.

nineteen. Article 18 is amended as follows:

" Article 18. Law applicable to the constitution of adoption.

The establishment of the adoption by the Spanish competent authority shall be governed by the provisions of the Spanish material law in the following cases:

(a) When the adopter has his habitual residence in Spain at the time of the adoption.

b) When the adoption has been or will be transferred to Spain in order to establish its habitual residence in Spain. "

Twenty. A paragraph 4 is added to Article 19, which is worded as follows:

" 4. In the case of minors whose national law prohibits or does not provide for adoption, the adoption shall be refused, except where the child is in a situation of distress and tutored by the Public Entity. "

Twenty-one. Article 21 is deleted.

Twenty-two. Article 22 is amended as follows:

" Article 22. Law applicable to the conversion and nullity of adoption.

The law applicable to the conversion of non-full adoption into full and the nullity of adoption shall be that applied for its constitution. "

Twenty-three. Article 24 is amended as follows:

" Article 24. International cooperation of authorities.

When the foreign authority that is to constitute the adoption, being the Spanish adopter and resident in that country, requests information about it from the Spanish authorities, the Consul will be able to obtain it from the authorities of the last place of residence in Spain, or to provide information held by the Consulate or to obtain by other means. '

Twenty-four. Article 26 (1) is amended and read as follows:

" 1. In the absence of international treaties and conventions and other rules of international origin in force for Spain which are applicable, the adoption constituted by foreign authorities will be recognized in Spain as adoption if the Following requirements:

1. º That has been constituted by competent foreign authority. The foreign authority shall be deemed to be competent if the case has reasonable links with the foreign State whose authorities have constituted it. In any event, they shall be presumed to be competent to apply the competition rules provided for in Article 14 of this Law on a reciprocal basis.

2. º That adoption does not violate public order.

For these purposes, the Spanish public order shall be deemed to infringe those adoptions in whose constitution the best interests of the child have not been respected, in particular where consents have been dispensed with and necessary hearings, or when it is noted that they were not informed and free or obtained by payment or compensation. "

Twenty-five. Article 27 is amended as follows:

" Article 27. Control of the validity of the adoption constituted by foreign authority.

The Spanish public authority to which the validity of an adoption constituted by foreign authority is raised and, in particular, the Encharged of the Civil Registry in which the registration of the adoption constituted in the (a) foreign nationals for their recognition in Spain shall, incidentally, monitor the validity of such adoption in Spain in accordance with the rules contained in the Hague Convention of 29 May 1993 on the protection of the child and cooperation in international adoption, through the presentation of the certificate of conformity with the provided for in Article 23 thereof and that the cause of non-recognition provided for in Article 24 of that Convention has not been incurred.

In cases of minors from non-signatory countries, the Encharged of the Civil Registry shall carry out such incidental control by verifying whether the adoption meets the conditions of recognition provided for in the articles 5.1.e), 5.1.f) and 26. "

Twenty-six. Article 28 is amended as follows:

" Article 28. Requirements for the validity in Spain of foreign decisions for the conversion or nullity of an adoption.

The decisions of the foreign public authority under which the conversion or nullity of an adoption is established shall have legal effects in Spain in accordance with the requirements set out in Article 26. "

Twenty-seven. Article 29 is amended, which is worded as follows:

" Article 29. Registration of the adoption in the Civil Registry.

When international adoption has been established abroad and adopters have their habitual residence in Spain, they must apply for the registration of the child's birth and adoption in accordance with the rules contained in the the Civil Registry Law for adoption to be recognized in Spain. "

Twenty-eight. Article 30 is amended as follows:

" Article 30. Simple or non-full adoption legally constituted by foreign authority.

1. Simple or non-full adoption by foreign authorities shall take effect in Spain, as simple or non-full adoption, if it complies with the law designated by Article 9.4 of the Civil Code.

2. The law designated by Article 9.4 of the Civil Code shall determine the existence, validity and effects of such adoptions, as well as the attribution of the parental authority.

3. Simple or non-full adoption shall not be the subject of registration in the Spanish Civil Registry as adoption or the acquisition of Spanish nationality in accordance with Article 19 of the Civil Code.

4. Simple or non-full adoption by a competent foreign authority may be converted into a regulated adoption by Spanish law where the conditions laid down for this are given, by means of a file of voluntary jurisdiction. Conversion shall be governed by the law determined in accordance with the law of its constitution.

To urge the relevant court case, the prior proposal of the competent Public Entity will not be necessary.

In any case, for the conversion of a simple or non-full adoption into a full adoption, the competent Judge shall examine the concurrence of the following:

(a) That the persons, institutions and authorities whose consent is required for adoption have been adequately advised and informed on the consequences of their consent, on the effects of the adoption and, in particular, on the extinction of legal links between the child and his family of origin.

b) That such persons have freely expressed their consent in the form legally provided for and that this consent has been given in writing.

c) That consents have not been obtained by payment or compensation of any kind and that such consents have not been revoked.

d) That the mother's consent, when required, has been given after the child's birth.

e) That, taking into account the age and degree of maturity of the child, the child has been appropriately advised and informed about the effects of the adoption and, where required, consent to the adoption.

f) That, taking into account the age and degree of maturity of the child, the child has been heard.

g) That, when the consent of the minor is sought in the adoption, it is examined that the child has freely expressed it, in the form and with the formalities legally provided, and without having mediated any price or compensation of any class. "

Twenty-nine. Article 31 is amended as follows:

" Article 31. International public order.

In no case shall the recognition of a foreign decision of simple or non-full adoption proceed if it produces effects manifestly contrary to the Spanish international public order. For this purpose, the best interest of the child shall be taken into account. "

Thirty. Article 32 is amended as follows:

" Article 32. Competence for the establishment of other measures for the protection of minors.

Competition for the constitution of other measures for the protection of minors shall be governed by the criteria laid down in the Treaties and international conventions and other rules of international origin in force for Spain, in Council Regulation (EC) No 2201/2003 of 27 November 2003 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility and the Convention on the There is, of 19 October 1996, relating to competition, the law applicable, the recognition, the implementation and cooperation in the field of parental responsibility and child protection measures. "

Thirty-one. Article 33 is amended as follows:

" Article 33. Law applicable to other child protection measures.

The law applicable to other measures for the protection of minors shall be determined in accordance with international treaties and conventions and other rules of international origin in force for Spain, in particular by the Convention of There is, of 19 October 1996, relating to jurisdiction, applicable law, recognition, enforcement and cooperation in matters of parental responsibility and child protection measures. '

Thirty-two. Article 34 is amended and read as follows:

" Article 34. Legal effects in Spain of decisions concerning institutions for the protection of minors who do not have affiliation links agreed by foreign authorities.

1. Institutions for the protection of minors constituted by foreign authorities and which, according to the law of their constitution, do not determine any link of affiliation shall be equated with family accommodation or, where appropriate, a guardianship, regulated in the law If the following requirements are met:

1. º that the substantial effects of the foreign institution are equivalent to those of the family reception or, where appropriate, those of a guardianship, provided for by the Spanish law.

2. That the protection institutions have been agreed by a competent foreign authority, whether judicial or administrative. The foreign authority which constituted the protection measure shall be deemed to be internationally competent if the case has reasonable links with the foreign State whose authorities have constituted it.

Notwithstanding the above rule, in the event that the institution of protection does not present reasonable connections of origin, family history or other similar orders with the country whose authority has This institution shall be deemed to have no international jurisdiction.

3. That the effects of the institution of foreign protection do not infringe the Spanish public order in the interests of the child.

4. º that the document in which the institution constituted before foreign authority consists of the formal requirements of authenticity consisting of legalisation or apostille and in translation into the official Spanish language. Exempt documents from legalisation or translation are excepted under other existing rules.

2. The Spanish public authority before which the question of the validity of a protection measure constituted by a foreign authority is raised and, in particular, the Charge of the Civil Registry in which the entry of the protection measure is established incorporated abroad for recognition in Spain, shall, incidentally, monitor the validity of such a measure in Spain in accordance with this Article. '

Article 4. Amendment of Law 1/2000 of 7 January of Civil Procedure.

Law 1/2000 of 7 January of Civil Procedure is amended as follows:

One. A new ordinal 3 is included in Article 76 (2) and the last paragraph of that paragraph is amended, with the following wording:

"3." 3. In the case of processes in which the opposition to administrative resolutions on the protection of the same child is substantiated, dealt with in accordance with Article 780, provided that none of them has been initiated the view.

In any case, in the places where there is more than one Court having assigned powers in commercial matters, in the cases of numbers 1 and 2, or in civil matters, in the case of the number 3. after the other, they shall be distributed to the Court to which the first person has been responsible. '

Two. Article 525 (1), paragraph 1, is amended as

:

" 1. The judgments given in the proceedings concerning paternity, maternity, filiation, marriage annulment, separation and divorce, opposition to administrative decisions in matters of protection of minors, capacity and state Civil and honorary rights, except for pronouncements that regulate the obligations and property relationships related to what is the main object of the process. "

Three. Article 779 is amended as follows:

" Article 779. Preferential nature of the procedure. Competence.

The procedures in which the opposition to administrative decisions on child protection will be substantiated will be of a preferential nature.

It shall be competent to hear from them the Court of First Instance of the domicile of the Public Entity and, failing or in the cases of Articles 179 and 180 of the Civil Code, the Court of the domicile of the adopter. "

Four. Paragraphs 1 and 2 are amended and a paragraph 5 is added to Article 780, which shall be worded as follows:

" 1. No prior complaint shall be required on the basis of administrative decisions in respect of the protection of minors before the civil courts. Opposition to them may be made within two months of their notification.

shall be entitled to express opposition to administrative decisions on the protection of minors, provided that they have a legitimate and direct interest in such a resolution, the children affected by the resolution, parents, guardians, welcoming, guarders, the Prosecutor's Office and those persons expressly recognized by the law as such. Even if they are not actors, they can be personified at any time in the procedure, without the actions being rolled back.

The minors will have the right to be a party and to be heard in the process as established in the Organic Law on the Legal Protection of the Child. They shall exercise their claims in respect of administrative decisions which affect them through their legal representatives, provided that they have no interests against their own, or through the person designated as their advocate for to represent them.

2. The process of opposition to an administrative decision on child protection shall be initiated by the submission of an initial document in which the actor succinctly expressed the claim and the decision to which he is opposed.

In the letter you will expressly state the date of notification of the administrative decision and will manifest if there are procedures relating to that child. "

" 5. If the Prosecutor's Office, the parties or the competent court are aware of the existence of more than one procedure of opposition to administrative decisions relating to the protection of the same minor, they shall ask for the first and the second, even of its own motion, the accumulation before the Court that was aware of the oldest procedure.

Agreed on cumulation, Article 84 will proceed as required, with the specialty that the view that was already indicated would not be suspended if it were possible to deal with the rest of the accumulated processes within the given time limit. by the pointing. If not, the Judicial Secretary shall agree to the suspension of the view which has already been fixed, until the others are in the same state, proceeding to make the new statement for all with preferential character and, in any case, of the following ten days.

Against the car that denies the accumulation, the resources for replacement and appeal without suspensory effects may be brought in. No recourse shall be made against the car which agrees to the cumulation. "

Five. Article 781 is amended as follows:

" Article 781. Procedure to determine the need for adoption consent.

1. Parents seeking to recognise the need for their consent for adoption may be brought before the Court which is aware of the relevant adoption file and thus express it. The Secretary-Judicial, with the suspension of the file, shall grant the period of 15 days for the filing of the application, for which the same Court shall have jurisdiction.

2. If the request is not filed within the prescribed period, the Judicial Secretary will decide to complete the procedure and lift the suspension of the adoption file, which will continue to be processed in accordance with the provisions of the legislation. of voluntary jurisdiction. The decree will be used directly in review before the Court. If such a decision is signed, no subsequent complaint shall be accepted from the same subjects on the need for assent for the adoption in question.

3. Filed the application within a period of time, the Judicial Secretary will decide to declare litigation the adoption file and will agree to the processing of the complaint filed in the same procedure, as a separate part, according to the previewed Article 753.

Once the resolution that is issued in the separate piece on the need for the consent of the progenitors of the adoption is signed, the Judicial Secretary will agree the summons before the Judge of the persons indicated in article 177 of the Civil Code which must give the consent or assent to the adoption as well as be heard, and which have not yet done so, and must then resolve the adoption.

Citations will be made in accordance with the rules set forth in the Voluntary Jurisdiction Act for such assumptions.

The order ending the procedure will be subject to appeal, which will have suspensory effects.

The testimony of the firm resolution to which the adoption will be agreed will be forwarded to the Civil Registry, so that it can be registered. "

Additional disposition first. Using the expression "Public Entity".

The expression "Public Entity" referred to the Public Entity for the Protection of Territorially Competent Minors shall be used in legal texts.

Additional provision second. References to the pre-adopted welcoming and simple welcome and to the International Adoption Collaborating Entities.

All the references that in the laws and other provisions are made to the preadoptive welcome should be understood as the guardian delegation for the preadoptive coexistence provided for in article 176a of the Civil Code. Those to be made in the simple accommodation shall be understood as being made to the temporary family reception provided for in Article 173a of the Civil Code; and where they are the international adoption partners, they shall be construed as references to the bodies accredited for international adoption.

Additional provision third. Common criteria for coverage, quality and accessibility.

The Government will promote with the Autonomous Communities the establishment of common criteria and minimum standards of coverage, quality and accessibility in the application of this law throughout the territory and, in any case, to:

1. Composition, number and degree of professional teams of the public authority of protection of competent minors territorially who must intervene in situations such as: risk and neglect of minors, voluntary delivery of the guardian, programmes for the independent life of young people who are under a protection measure, a process of acceptance and adoption.

2. Essential elements of the family reception procedures: assessment of the educational fitness of the families; economic compensation, for the specialized accommodation as for the ordinary, with special attention to the derived needs of the reception of minors with disabilities; measures to promote and support family housing; information campaigns; encouragement of the association of people and families with disabilities.

3. Essential elements in the adoption procedures relating to: pre-adopted preparation; declaration of suitability; concept of minors "with special needs"; accreditation of bodies accredited for international adoption; campaigns information, with special attention to those focused on the adoption of children with special needs.

4. Standards of quality and accessibility, facilities and provision of each type of service of residential accommodation centres. Measures to be adopted so that your organization and functioning shop to follow patterns of family organization. Incorporation of models of excellence in management.

5. Standards of coverage, quality and accessibility, facilities and endowment of family meeting points.

6. Comprehensive care for young people who are tutored: skills and skills training to foster their maturity and promote their personal and social autonomy when they are 18 years of age; guarantee of sufficient income to survive; accommodation; training for employment, which facilitates or prioritises their participation in job vacancies as a measure of discrimination.

Additional provision fourth. Legal regime of specific centres for the protection of minors with problems of conduct of private entities collaborating with competent public entities.

To the specific protection centers of minors with problems of conduct of the private entities collaborating with the competent public entities where the use of security and restriction measures are foreseen The provisions of Title II, Chapter IV of the Organic Law on the Legal Protection of the Child shall apply to them.

These private centres must have the administrative authorisation for their operation issued by the competent Public Entity for the protection of minors, subject to their inspection arrangements and, where applicable, administrative penalty.

Additional provision fifth. Interterritorial mechanism of allocations.

The Public Administrations will carry out the necessary actions to establish an effective mechanism that allows the allocation to appropriate families of those minors with a specific profile in whose Autonomous Community they do not exist. offers of families for accommodation or, where appropriate, adoptions.

Additional provision sixth. Equal treatment of legal systems in the field of reception.

For the purposes of existing laws and laws prior to this law and the corresponding laws of the Autonomous Communities with their own civil code or with civil laws that regulate it, the situation is equated. of temporary family accommodation with simple family accommodation, and the situation of the guardian for adoption with the preadoptive welcome.

Additional provision seventh. Specific protection plans for minors.

in the field of their respective competences, the Public Administrations will have to approve specific protection plans for those under the age of six, in which specific measures are taken to promote the family's family reception. same.

First transient disposition. Rules applicable to court proceedings already initiated.

Judicial procedures and cases initiated prior to the entry into force of this law and which are being processed shall continue to be processed in accordance with the procedural law in force at the time of commencement. of the judicial procedure or file.

Second transient disposition. Cessation of the legally constituted accommodation.

The acogiments constituted judicially prior to the entry into force of this law may cease by resolution of the Public Entity without the need for judicial resolution.

Transitional provision third. Regulations applicable to the international adoption files already initiated; and the validity of the accreditation of the accredited bodies.

1. The cases of international adoption of minors initiated prior to the entry into force of this law and which are being processed shall continue to be processed in accordance with the legislation in force at the time of the commencement of the file.

2. The organizations accredited to mediate in the international adoption that have the accreditation on the date of entry into force of this law, will keep it in force until its expiration or as long as there is a new accreditation or authorization, in its case, in the terms provided for in this law.

Transitional disposition fourth. Criminal background certification.

Until the Central Registry of Sex Offenders is operational, the certification referred to in Article 13 of the Organic Law 1/1996, of 15 January, of Legal Protection of the Child, of partial modification of the Civil Code and the Civil Procedure Law will be issued by the Central Register of Criminal Records.

Transient disposition fifth. Extension of the benefits relating to the rights of registration and examination in the field of education to the large family titles in force from 1 January 2015.

The amendment of Article 6 of Law 40/2003 of 18 November, of protection to large families, provided for in the fifth final provision, will be applicable to the exclusive effects of access to benefits in the field of the education in respect of the rights of registration and examination provided for in Article 12.2.a) of that law, to large family titles which are in force on 1 January 2015.

Single repeal provision. Repeal of rules.

The only additional provision of Law 54/2007, of December 28, of International Adoption is repealed.

Also, any rules are repealed or are incompatible with the provisions of this law.

Final disposition first. Amendment of Law 29/1998 of July 13, regulating the Administrative-Administrative Jurisdiction.

Article 8 (6) of Law 29/1998, of July 13, is amended to regulate the Administrative-Administrative Jurisdiction, which is worded as follows:

" 6. They shall also know the Courts of the Administrative-Administrative of the authorizations for the entry into homes and other places whose access requires the consent of their holder, provided that this proceeds for the enforced execution of acts of the public administration, except in the case of the enforcement of child protection measures agreed by the competent Public Entity in the matter.

Likewise, it will be up to the Courts of the Administrative-Administrative Court to authorize or ratify the measures that the health authorities consider urgent and necessary for public health and involve deprivation. or restriction of liberty or other fundamental right.

In addition, the Courts of the Administrative-Administrative Court will know of the authorizations for the entry and inspection of homes, premises, land and means of transport that has been agreed by the National Commission of the Jurisdiction, where, by requiring such access and inspection, the consent of the holder is opposed or there is a risk of such opposition. '

Final disposition second. Amendment of Law 41/2002 of 14 November, basic regulation of the autonomy of the patient and of rights and obligations regarding information and clinical documentation.

Paragraphs 3, 4 and 5 are amended and paragraphs 6 and 7 are added to Article 9 of Law 41/2002 of 14 November 2002, a basic regulation of patient autonomy and rights and obligations in relation to information and clinical documentation, which are worded as follows:

" 3. Consent shall be granted per representation in the following cases:

(a) When the patient is not able to make decisions, at the discretion of the physician responsible for the care, or his physical or mental condition does not allow him to take care of his situation. If the patient has no legal representative, consent will be provided by persons linked to him for family reasons or in fact.

b) When the patient has the modified capacity judicially and so on the sentence.

c) When the minor patient is not able to be able to understand the scope of the intervention. In this case, the consent will be given by the legal representative of the child, after having heard his opinion, in accordance with the provisions of Article 9 of the Organic Law 1/1996, of January 15, of Legal Protection of the Child.

4. In the case of emancipated minors or over 16 years of age who are not present in the cases (b) and (c) of the preceding paragraph, consent shall not be provided for representation.

By way of derogation from the foregoing paragraph, in the case of a performance of serious risk to the life or health of the child, according to the criterion of the optional, the consent shall be provided by the legal representative of the child, the opinion of the Commission is heard and taken into account.

5. The practice of clinical trials and the practice of assisted human reproduction techniques are governed by the general principle of the age of majority and by the special provisions of application.

6. In cases where the consent is to be granted by the legal representative or persons linked for family reasons or in fact in any of the cases described in paragraphs 3 to 5, the decision shall be taken on the basis of always to the greatest benefit for the patient's life or health. Decisions which are contrary to those interests shall be brought to the attention of the judicial authority, either directly or through the Ministry of Public Prosecutor, to adopt the relevant decision, unless, for reasons of urgency, it does not it is possible to obtain judicial authorisation, in which case healthcare professionals shall take the necessary measures to safeguard the life or health of the patient, covered by the reasons for the justification for the compliance of a duty and a state of need.

7. The provision of consent by representation shall be appropriate to the circumstances and proportionate to the needs to be met, always in favour of the patient and with respect to his personal dignity. The patient will participate as much as possible in decision making throughout the health process. If the patient is a person with a disability, the relevant support measures, including information in appropriate formats, shall be provided, following the rules set out by the design principle for all to be accessible and understandable to persons with disabilities, in order to encourage them to give their consent. "

Final disposition third. Amendment of the recast text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995, of March 24.

Article 37 (3) (f) of the recast text of the Law on the Workers ' Statute, adopted by Royal Legislative Decree 1/1995 of 24 March, is amended as follows:

" (f) For the time indispensable for the conduct of prenatal examinations and preparation techniques for delivery and, in the case of adoption or reception, or for adoption purposes, for assistance to the required sessions information and preparation and for the implementation of the necessary psychological and social reports prior to the declaration of suitability, in all cases, which must take place within the working day. "

Final disposition fourth. Amendment of Law 7/2007, of 12 April, of the Basic Staff Regulations.

Article 48 (e) of Law 7/2007, of 12 April, of the Basic Staff Regulations is amended, which is worded as follows:

" e) For the time required to carry out prenatal tests and preparation techniques for the delivery of pregnant women and, in cases of adoption or reception, or for adoption, for the purpose of assistance to the mandatory information and preparation sessions and to carry out the necessary psychological and social reports prior to the declaration of suitability, to be carried out within the working day. "

Final disposition fifth. Amendment of Law 40/2003, of 18 November, of Protection of the Families of Numerous.

One. Article 2 (4) of Law 40/2003, of 18 November, of Protection of the Families of Numerous, is amended, which is worded as follows:

" 4. They shall have the same consideration as the children of persons subject to permanent or legally constituted permanent or permanent family protection. Minors who have been in one of these situations reach the age of majority and remain in the family unit, shall retain the status of children under the terms set out in Article 3 of this Law. "

Two. Article 6 of Law 40/2003, of 18 November, of Protection of the Families of Numerous is amended, which is worded as follows:

" Article 6. Renewal, modification or loss of title.

The large family title shall be renewed or left without effect when the number of members of the family unit or the conditions giving rise to the issue of the title is varied and this represents a change of category or the loss of the large family condition.

The title will remain in force, although the number of children who meet the conditions to be part of the title is lower than that set out in Article 2, while at least one of them meets the conditions set out in the article. 3. However, in such cases the validity of the title shall be understood only in respect of members of the family unit who continue to comply with the conditions to be a part of the family unit and shall not apply to children who no longer comply with them. "

Three. An additional provision is added in Law 40/2003, dated November 18, to Protect Families Numerous, with the following text:

" Additional Disposition 10th. Impact of the rules on the family.

The memories of the regulatory impact analysis that must accompany the bills and the draft regulations will include the impact of the regulations on the family. "

Four. The Government will forward to the General Cortes, as soon as possible, a Bill of Reform Law 40/2003, of 18 November, of Protection of the Families of Numerous, with the objective of guaranteeing equal opportunities and the access to public goods and services, contributing to the redistribution of income and the wealth of families.

Final disposition sixth. Amendment of Organic Law 2/2006, of 3 May, of Education.

Organic Law 2/2006, of 3 May, of Education, is amended as follows:

One. Article 84 (2) shall be amended as

:

" 2. Where there are insufficient places, the admission process shall be governed by the priority criteria for the existence of siblings registered in the centre, parents, mothers or legal guardians working in the centre, proximity to the home or the place of employment of one of her parents, mothers or legal guardians, per capita income of the family unit and legal status of large family, family reception situation of the pupil or pupil, and the attendance of disability in the pupil or pupil or in any of their parents, mothers or siblings, without any of them being exclusionary and without prejudice to the provisions of paragraph 7 of this Article.

However, those centres which are recognised as having a curricular specialisation by the educational authorities, or who are involved in an action designed to promote the quality of the teaching centres described in the Article 1212a may reserve the criterion of the student's academic performance up to 20 per cent of the score assigned to applications for admission to post-compulsory education. This percentage may be reduced or modulated where necessary to avoid the breakdown of equity and cohesion criteria of the system. "

Two. Article 87 (2) is amended, which is read as follows:

" 2. In order to facilitate schooling and to guarantee the right to education of students with specific need for educational support, educational administrations must reserve to them until the end of the pre-registration period and a part of the places of public and private centres arranged.

In addition, they will be able to authorize an increase of up to ten percent of the maximum number of students and students per classroom in the public and private centers arranged in the same area of schooling, or to attend to needs immediate schooling for late-entry students, either for needs that are motivated by the transfer of the family unit during the period of extraordinary schooling, due to the forced mobility of any parent, mother or legal guardians, or due to the start of a family accommodation measure in the pupil or the alumni. "

Final disposition seventh. Amendment of Organic Law 8/2013 of 9 December for the Improvement of Educational Quality.

One. Paragraph 60 of the Single Article of Organic Law No 8/2013 of 9 December for the Improvement of Educational Quality is amended in the way that the first subparagraph of Article 84 (2) of the Organic Law No 2/2006 of 3 May 2006 Education, will have the following content:

" Where there are insufficient places, the admission process shall be governed by the priority criteria for the existence of siblings enrolled in the centre, parents, mothers or legal guardians working in the centre, close to the residence or place of work of one of their parents, mothers or legal guardians, per capita income of the family unit and legal status of large family, family reception situation of the pupil or pupil, and disability in the pupil or pupil or any of their parents, mothers or siblings, without any of them having a character excluding and without prejudice to the provisions of paragraph 7 of this Article. '

Two. Paragraph 60 of the Single Article of Organic Law 8/2013 of 9 December for the improvement of educational quality is modified in the way that Article 87 (2) of the Organic Law 2/2006, of 3 May, of Education, will have the next content:

" In addition, they will be able to authorize an increase of up to ten percent of the maximum number of students and students per classroom in the public and private centers arranged in the same area of schooling, or for needs that they are motivated by the transfer of the family unit in a period of extraordinary schooling due to the forced mobility of any parent, mother or legal guardian, or due to the start of a family accommodation measure in the pupil or the alumni. "

Final disposition octave. Amendment of Law 43/2006 of 29 December for the improvement of growth and employment.

A new paragraph 4b is introduced in Article 2 of Law 43/2006 of 29 December for the improvement of growth and employment in the following terms:

" 4 ter. Employers who recruit victims of trafficking in human beings indefinitely, identified in accordance with the provisions of Article 59a of the Organic Law 4/2000 of 11 January on the rights and freedoms of foreigners in Spain and their social integration, and which, where appropriate, have obtained the authorization of residence and work for exceptional circumstances, without the condition of being unemployed, they shall be entitled, from the date of the conclusion of the contract, to a monthly allowance for the business quota for social security or, where appropriate, for its equivalent daily, per contract worker of 125 euros/month (1,500 euros/year) for 2 years.

In the case of temporary contracts with these persons, a monthly allowance for the business quota for Social Security or, where appropriate, for its daily equivalent, per contract worker of 50, shall be entitled euro/month (600 euro/year), for the duration of the contract. "

Final disposition ninth. Amendment of Law 39/2006 of 14 December on the promotion of personal autonomy and care for people in a situation of dependency.

A new paragraph 8 is added to Article 14 of Law 39/2006, of 14 December, to promote personal autonomy and care for people in a situation of dependency, with the following wording:

" 8. The economic benefits established under this Law are non-embargable, except for the alleged provision of Article 608 of the Law on Civil Procedure. "

Final disposition tenth. Amendment of the recast text of the General Law of Social Security, approved by the Royal Legislative Decree 1/1994 of 20 June.

The recast text of the General Law of Social Security, approved by the Royal Legislative Decree 1/1994 of 20 June, is amended as follows:

One. A new Article 179 ter is added with the following wording:

" Article 179 ter. Impairment to be a beneficiary of death and survival benefits.

1. Without prejudice to the provisions of the first provision of the Organic Law 1/2004, of 28 December, of Measures of Comprehensive Protection against Gender Violence, it may not have the status of beneficiary of the benefits of death and survival which could have been taken by him, who was convicted by the commission of a criminal offence of murder in any of its forms, when the victim was the subject of the benefit.

2. The Management Entity may review, by itself and at any time, the resolution for which it has recognised the right to a death and survival benefit to the person who was convicted of a final judgment in the indicated case, the same obligation to return the amounts which, if any, would have been received by such a concept.

The power of revision of the trade referred to in the preceding paragraph shall not be subject to a period of time, but the obligation to refund the amount of benefits received shall be prescribed within the time limit laid down in Article 45.3. In any event, the limitation of this obligation shall be interrupted when a judicial decision is brought to the court from which there are reasonable indications that the subject under investigation is responsible for a criminal offence of homicide, as well as for the processing of the criminal proceedings and the different resources.

In the agreement to initiate the procedure for the review of the recognition of the benefit referred to in this Article, it shall be agreed, if it has not been produced before, the precautionary suspension of its receipt until the final decision has been taken. put an end to that procedure. "

Two. A new Article 179 c is added with the following wording:

" Article 179 quater. Precautionary suspension of the payment of death and survival benefits in certain cases.

1. The Management Entity shall suspend the payment of the death and survival benefits which it would have recognised, where appropriate, where it is the result of a judicial decision arising from the fact that the subject under investigation is responsible for a criminal offence of manslaughter in any of its forms, if the victim is the subject of the benefit, with the effect of the first day of the month following that in which that circumstance is communicated to him.

When the Gestora Entity becomes aware, before or during the procedure of the procedure for the recognition of the delivery of death and survival, that it has fallen against the applicant judicial resolution of which The Commission shall, in accordance with Article 1 (1) of Regulation (EC) No No 1, of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Union, economic.

In the cases referred to in the preceding two paragraphs, the precautionary suspension shall be maintained until a final judgment or final judgment is given to terminate the criminal proceedings, or to determine the non-culpability of the beneficiary.

If the recipient of the benefit is ultimately convicted by the commission of the indicated offence, the review of the recognition and, where appropriate, the reimbursement of the benefits received, according to the as provided for in Article 179 b. Where a final judgment or a final judgment is held that declares that the beneficiary is not guilty, the payment of the suspended benefit shall be restored with the effect that the suspension has not been agreed upon, once the discounted, where appropriate, the amounts satisfied in respect of the obligation of food in accordance with paragraph 3.

2. However, if the judgment is held in the first instance and is under appeal, the precautionary suspension shall be lifted until the decision of the appeal by a final judgment. In this case, if the final judgment in that appeal is also absolute, the benefits left to the recipient will be paid to the beneficiary since the precautionary suspension was agreed until it was lifted, at a discount to the amounts which, where appropriate, have been satisfied with third parties as regards the obligation of food in accordance with paragraph 3. On the other hand, if the judgment in the appeal is upheld, the review of the recognition of the benefit and the return of the benefits received by the sentenced person shall be reviewed in accordance with the 1 of this article, including those for the period in which the suspension was raised.

3. During the suspension of payment of a widow's pension, agreed in accordance with the provisions of this Article, it may be made effective from the same, up to the limit of the amount which would have been paid to the recipient of the pension. that pension, the maintenance obligations in favour of the orphan's pension holders or in favour of family members caused by the victim of the offence, provided that such persons are beneficiaries of the increases referred to in the Article 179 quinquies if he finally recesses a firm conviction of that. The amount to be paid by each of the orphan's or family members for food shall not exceed the amount which would have been paid to him for such an increase. "

Three. A new Article 179 quinquies is added with the following wording:

" Article 179 quinquies. Increase in orphan's pensions and in favour of family members, in certain cases.

1. Where, within the meaning of Article 179b, the person sentenced by the commission for a criminal offence of manslaughter in any of its forms is unable to acquire the status of a beneficiary of the widow's pension, or the If the child is lost, the children of the same who are the holders of the orphan's pension caused by the crime victim shall have the right to the increase provided for in the case of absolute orphanages.

Pension holders in favour of family members may, in those same cases, be beneficiaries of the proposed increase in regulation, provided that there are no other persons entitled to a pension for death and survival caused by the victim.

2. The economic effects of the increase shall be brought back to the date of the initial recognition of the orphan's pension or in favour of family members, where the widow's pension has not been previously recognised. by final judgment. In another case, those economic effects shall be initiated from the date on which the payment of the widow's pension would have ceased, as a result of the review of his recognition by the managing body as provided for in Article 179 b. or, where appropriate, from the date of the precautionary suspension referred to in Article 179 c.

In any event, the payment of the increase in the orphan's pension or in favour of relatives for the periods in which the sentenced person would have received the widow's pension may be carried out only after he has made his or her drawback, without the Management Entity, if the refund is not to be produced, is responsible for subsidiary or solidarity of the credit to the pensioner of the orphan or in favor of relatives of the increase indicated, nor must it be obliged to its advance.

Of the amounts corresponding to an increase in the orphan's pension or in favour of family members, the amount of the amount which the recipient of the pension would have received in the form of the pension suspended widower as provided for in Article 179 c. '

Four. A new Article 179 sexies is added with the following wording:

" Article 179 sexies. Payment of orphan's pensions, in certain cases.

In the event that the children of those who were convicted by the commission of a criminal offence of homicide in any of its forms, in the terms set out in Article 179 b, being minors or persons with a judicially modified capacity, beneficiaries of an orphan's pension caused by the victim, that pension will not be payable to the sentenced person.

In any event, the Gestora Entity shall inform the Prosecutor's Office of the existence of the orphan's pension, as well as any judicial decision resulting from the rational indications that the parent is responsible for a criminal offence of homicide so that, in compliance with the provisions of Article 158 of the Civil Code, where appropriate, it is necessary to call for the adoption of appropriate measures in relation to the physical person or the institution of the child or (a) the court of justice has been given the right to pay the orphan's pension. If such measures are taken in such a procedural situation, the Management Entity, where appropriate, shall also inform the Prosecutor's Office of the decision to terminate the proceedings and the determination or otherwise of the judgment in which it is agree. "

Five. Paragraph 1 of the eighth additional provision is worded as follows:

" 1. The provisions of Articles 137 (2) and 137 (3), (2) and (3), (3), (3), (3), (2) and (3), (2) and (3), (161), (1), (2) and (3), (161), (1) and (2) shall apply to all schemes in the Social Security system  (b); 162, paragraphs 1.1, 2, 3, 4 and 5; 163; 165; 174; 174 bis; 175; 176, paragraph 4; 177, paragraph 1, second subparagraph; 179, 179 ter, 179 quater, 179 quinquies and 179 sexies. The rules on family benefits provided for in Chapter IX of Title II shall also apply; the additional provisions seventh bis, the third and fifteenth and the ninth and the fifth transitional provisions, paragraph 1, fifth bis, sixth bis and sixteenth.

By way of derogation from the preceding paragraph, the application shall be exempted from the special arrangements provided for in Article 138 in the last subparagraph of paragraph 2 of this Article, as well as the provisions of paragraph 5. "

Final disposition eleventh. Amendment of the recast of the Law on Passive Classes of the State, approved by Royal Decree 670/1987 of 30 April.

The recast text of the Law on Passive Classes of the State, approved by Royal Decree 670/1987 of April 30, is amended as follows:

One. A paragraph three is added to Article 15 with the following wording:

" Article 15.3. Without prejudice to the provisions of No 1, the Administration may review acts of recognition of the right to a benefit in favour of family members motivated by the conviction of the beneficiary, by a final judgment, by the commission of a crime If the victim is the subject causing the benefit, which may be effected at any time, as well as the claim of the amounts which, if any, he has received for such a concept. '

Two. A new article, 37 bis, is added with the following wording:

" Article 37a. Impairment to be a beneficiary of benefits in favor of family members.

Without prejudice to the provisions of the first provision of Organic Law 1/2004, of 28 December, of Measures of Comprehensive Protection against Gender Violence, it will not be able to have the status of beneficiary of the benefits for family members who could have been entitled to him, who was sentenced by a firm sentence for committing a crime of murder in any of its forms, when the victim was the subject of the benefit.

The Administration may review, by itself and at any time, the act or agreement by which it has recognized the right to a benefit in favor of the relatives to whom it was sentenced by a firm sentence in the case indicated by the same obligation to return the amounts which, if any, would have been received by such a concept.

In the agreement to initiate the procedure for the review of the recognition of the benefit referred to in this Article, it shall be agreed, if it has not been produced before, the precautionary suspension of its receipt up to the resolution it puts end of this procedure. "

Three. A new article, 37 ter, is added, with the following wording:

" Article 37 ter. Precautionary suspension of the payment of benefits in favour of family members in certain cases.

1. The Directorate-General for Personnel and Public Pensions Costs shall suspend the payment of the benefits recognised in favour of family members, when it falls to the beneficiary of the judicial decision resulting from the rational crime by the commission of a criminal offence of murder in any of its forms, if the victim is the subject causing the benefit, with the effects of the first day of the month following that in which it is communicated to him circumstance.

In the cases indicated, the precautionary suspension shall be maintained until a final judgment or a final decision is taken to terminate the criminal proceedings or to determine the recipient's non-culpability.

If the recipient of the benefit is ultimately convicted by the commission of the indicated offence, the review of the recognition and, where appropriate, the reimbursement of the benefits received, according to the as provided for in Article 37a. In this case, the Directorate-General for Personnel and Public Pensions Costs or the Directorate-General for Personnel of the Ministry of Defence, within the scope of their respective powers, shall fix the amount of the pensions, if any, as if not the convicted person existed.

When, by way of judgment or final judgment, the process is terminated without that conviction or the beneficiary's not guilty, the payment of the suspended benefit shall be rehabilitated with the effects that would have been The suspension has not been agreed.

2. However, if the judgment is held in the first instance and is under appeal, the precautionary suspension shall be lifted until the decision of the appeal by a final judgment. In this case, if the final judgment in that appeal is also absolute, the benefits left to the beneficiary will be paid to the beneficiary since the precautionary suspension was agreed until the latter has been lifted. On the contrary, if the final judgment in the appeal is found to be a conviction, the review of the recognition of the benefit and the return of the benefits received by the sentenced person shall be reviewed in accordance with the provisions of paragraph 1. 1 of this article, including those for the period in which the suspension was raised.

3. During the suspension of the payment of an agreed benefit as provided for in this article, the General Directorate of Personnel and Public Pensions Costs or the Directorate General of Personnel of the Ministry of Defense, in the field of its (a) the amount of the pension, if any, as if the person against whom the decision referred to in paragraph 1 has been issued does not exist. This amount shall be provisional until the final decision is made to terminate the criminal proceedings.

In the case of a file of the cause or of a firm absolute judgment, the payment of the benefits will be suspended. However, the beneficiary of the pension calculated in accordance with the preceding paragraph shall not be obliged to return any amount. "

Four. A new article, 37c, is added with the following wording:

Article 37c. Payment of pensions in favour of family members in certain cases.

" In the event that there were minor or judicially disabled beneficiaries whose parental authority or guardianship was attributed to a person against whom a judicial decision had been issued to give evidence (a) rational criminality or a firm conviction for the commission of the crime of homicide in any of its forms, the pension shall not be payable to that person.

In any case, the General Directorate of Personnel and Public Pensions Costs shall inform the Prosecutor's Office of the existence of the pension, as well as any judicial decision resulting from rational indications that a person who has been assigned the parental authority or guardianship is responsible for the crime of homicide so that, where appropriate, he or she is required to take appropriate measures in relation to the physical person or tutelary institution of the child or of the the person with the judicial capacity to whom the pension is payable. The Administration, where appropriate, shall also communicate to the Prosecutor's Office the decision to terminate the criminal proceedings and the determination or otherwise of the judicial decision in which the decision is taken. agree. "

Five. The additional eleventh provision is worded as follows:

" Additional Disposition 11th. Benefits in favour of family members.

The regulation contained in both Article 38 and the twelfth transitional provision as in Article 41 of this text, with the exception of the second subparagraph of paragraph 1 of the last Article, shall be (a) the application of the provisions of the Treaty of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council which, in one and the other case and in the case of an orphan, the age limit determining the condition of beneficiary of the orphan's pension was equal to or less than twenty-one years.

Also, the provisions of Articles 37a and 37b shall apply to all pension classes of State Passive Classes, whatever their regulatory legislation, as well as to pensions caused under the legislation war special. "

Final disposition twelfth. Amendment of the Criminal Procedure Act.

An additional new provision is added in the Criminal Prosecution Act, approved by the Royal Decree of 14 September 1882, with the following wording:

" Additional disposal fifth. Communication of actions to the National Institute of Social Security, to the Social Institute of the Navy, to the General Directorate of Personnel and Public Pensions Costs of the Ministry of Finance and Public Administrations and to the Directorate General Personnel of the Ministry of Defense.

The judicial secretaries of the courts and tribunals will communicate to the National Institute of Social Security, the Social Institute of the Navy and the General Directorate of Personnel and Public Pensions Costs of the Ministry of Social Security. Hacienda y Administraciones Públicas, any judicial decision of which rational indications of criminality are derived by the commission of a crime of murder in any of its forms, in which the victim is ascending, descending, brother, spouse or ex-spouse of the investigation, or was or would have been linked to it by a relationship of affection analogous to conjugal. They shall also communicate to those official bodies the final decisions to terminate the criminal proceedings. Such communications shall be carried out for the purposes referred to in Articles 179 b, 179 c, 179 d and 179 e of the recast of the General Law on Social Security, adopted by the Royal Decree-Law 1/1994 of 20 June 1994. in Articles 37a and 37b of the recast text of the Law on Passive Classes of the State, approved by Royal Decree No 670/1987 of 30 April 1987. '

Final disposition thirteenth. Amendment of Law 36/2011 of 10 October, regulating the Social Jurisdiction.

Article 146.2 of Law 36/2011, of October 10, regulating the Social Jurisdiction, is worded as follows:

" 2. They are exempted from the provisions of the preceding paragraph:

(a) The rectification of material or factual errors and the arithmetic, as well as the revisions motivated by the finding of omissions or inaccuracies in the beneficiary's statements, as well as the complaint of the amounts which, where appropriate, would have been unduly received for that purpose.

(b) revisions of acts in the field of unemployment protection, and the cessation of activity of self-employed workers, provided that they are carried out within the maximum period of one year from the administrative or administrative decision a manager who has not been challenged, without prejudice to the provisions of Article 147.

(c) The review of acts of recognition of the right to death and survival, motivated by the conviction of the beneficiary, by final judgment, by the commission of a criminal offence of murder in any of the its forms, where the victim is the subject of the benefit, which may be effected at any time, as well as the claim of the amounts which, if any, would have been received for such a concept. '

Final disposition fourteenth. Effectiveness in the application of legal modifications.

The changes introduced in the General Law of Social Security, in the Law of Passive Classes of the State, in the Law of Criminal Procedure and in the Law of the Social Jurisdiction by means of the provisions the final tenth of this Law, shall apply to the facts which cause the benefits of the system of social security and the special system of the State Passive Classes produced from the date of its entry into effective, provided that the criminal acts have also occurred from the same date.

Final disposition fifteenth. Competitive titles.

This law is dictated by the exclusive competence to dictate the civil legislation attributed to the State by Article 149.1.8. of the Spanish Constitution, without prejudice to the conservation, modification and development by the Autonomous Communities of civil or special civil rights, where they exist.

The fourth article, the first transitional provision and the first provision are dictated by article 149.1.6. of the Spanish Constitution which attributes to the State exclusive competence to dictate the law procedural.

The second final disposition has the basic condition, in accordance with the provisions of article 149.1.1. and 16. of the Spanish Constitution.

The third final provision is made under Article 149.1.7. of the Spanish Constitution, which gives the State exclusive competence to dictate labour law.

The fourth final provision is made under Article 149.1.18. of the Spanish Constitution, constituting the basis of the statutory regime of officials, without prejudice to the powers of the Autonomous Communities which already exist. have exclusive competence over the statutory arrangements for staff in the service of public administrations and specialties derived from the administrative and civil servants ' organisation of the Autonomous Communities.

The fifth final provision is made under the terms of Article 149.1.1., 7. and 17. of the Spanish Constitution.

Final disposition sixteenth. Regulatory development of the cities of Ceuta and Melilla.

In accordance with the provisions of the third paragraph of the fourth additional provision of Law 27/2013, of 27 December, of rationalization and sustainability of the Local Administration, the Cities of Ceuta and Melilla, in exercise of their regulatory powers, may develop the content of this law in accordance with the criteria and circumstances in which it is contained, in order to adjust it to the particular conditions of these, in the development of its capacity regulatory and within the scope of the same.

Final disposition seventeenth. Creation of the central register of sex offenders.

The Government, on a proposal from the Ministry of Justice, heard by the General Council of the Judiciary and the Data Protection Agency, will dictate within six months of the publication of this Law, the provisions of the relevant to the organisation of the Central Register of sex offenders in the Central Register of Penados and in the Central Register of Criminal Responsibility of the Minors, integrating into the system of records of support to the Administration of Justice, as well as the regime of registration and cancellation of its seats and the access to the information contained in that information, in any case ensuring its confidentiality. At least the data relating to the identity and genetic profile (DNA) of persons convicted of crimes against sexual freedom and indemnity, including sexual assault and abuse, sexual harassment, exhibitionism and sexual harassment, will be formed. sexual provocation, prostitution and sexual exploitation and corruption of minors. The General Administration of the State shall cooperate with the competent authorities of the Member States of the European Union to facilitate the exchange of information in this field.

18th final disposition. Modifications and regulatory developments.

The Government will make changes and regulatory developments that are accurate to the implementation of this law.

Nineteenth final disposition. Incorporation of European Union rules.

This law contains the rules for transposition into Spanish law of Articles 10 and 15 of the European Parliament and Council Directive 2011 /93/EU of 13 December 2011 on the fight against abuse sexual exploitation of children and child pornography and the replacement of Council Framework Decision 2004 /68/JHA.

Final disposition 20th. No increase in expenditure.

The measures included in this rule will not be able to increase public expenditure, or any of the allocations, remuneration, or other personnel costs.

Final disposition twenty-first. Entry into force.

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

Therefore,

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

Madrid, July 28, 2015.

FELIPE R.

The President of the Government,

MARIANO RAJOY BREY