KING OF SPAIN
To all who see and hear.
Know: that the Parliament has approved and I hereby sanction the following law.
The Spanish Constitution states in Article 39 the obligation of public authorities to ensure social, economic and legal protection of the family, and especially minors, in accordance with international agreements safeguarding their rights .
These international agreements and instruments are two UN Conventions, the Convention on the Rights of the Child, of 20 November 1989, ratified on 30 November 1990 and its Optional Protocols, and the Convention on the Rights of Persons with Disabilities of 13 December 2006, the instrument of ratification of 23 November 2007. in addition, two Conventions are notable driven by the Hague Conference on private international law: the Convention on protection of children and cooperation in respect of Intercountry adoption, of May 29, 1993, ratified on 30 June 1995 and the Convention on jurisdiction, applicable law, recognition, enforcement and cooperation in respect of parental responsibility and measures protection of children, of May 28, 2010, ratified on 6 September 2010. on the other hand, should also be highlighted three Conventions of the Council of Europe, concerning the adoption of children, done in Strasbourg on 27 November 2008, ratified on July 16, 2010, relative to the protection of children against sexual exploitation and abuse, made in Lanzarote on 25 October 2007, ratified on 22 July 2010 and the European Convention on Exercise of the Rights of Children, done at Strasbourg on 25 January 1996, ratified on 11 November 2014. And finally, Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and parental responsibility, by Regulation (EC) No 1347/2000 is repealed.
The Organic Law 1/1996 of 15 January, Juvenile Legal partially amending the Civil Code Protection and the Civil Procedure Act, hereinafter Organic Law on Legal Protection of Children constitutes, together with the provisions of Civil code in this area, the main regulatory framework for the rights of minors, ensuring uniform throughout the State protection. This law has been the benchmark of legislation that the regions have been approved subsequently, in accordance with its responsibilities in this area.
However, after almost twenty years since its publication, there have been major social changes affecting the situation of minors and that demand improved legal protection instruments in the interests of effective implementation of Article 39 of the Constitution and international norms mentioned.
This reveals in various proposals and comments made those years ago by the Committee on the Rights of the Child United Nations (notably, General Comment No. 13 of 2011 on the child's right not to be subjected to any form of violence and concluding observations to Spain on November 3, 2010), by the Ombudsman (in his ". Children or adults Procedures for age determination" of 2011 documents and "trafficking in human beings in Spain: invisible ", 2012) victims, the Attorney General of the State (in its Circular 8/2011 of 16 November on criteria for performance specialized unit of the Public Prosecutor for the protection of minors, and 1/2012, of October 3, on the substantive and procedural treatment before blood transfusions and other medical interventions on minors in cases of serious risk) and the conclusions and recommendations of the Special Senate Committee study of the problem of domestic adoption and other related topics (BOCG. Senate, series I, no. 545 of 17 November 2010).
According to all this, this law aims to make the necessary changes in Spanish legislation for the protection of children and adolescents that allow children to continue to ensure uniform throughout the State protection and constituting a reference to the autonomous communities in the development of their respective legislation. Furthermore, reciprocally, this law incorporates some new features that have been introduced by some regional standards years ago.
The reform consists of four articles, blackjack final provisions, plus seven additional provisions, five transitional provisions and repeal provision. In the first article amendments to the Organic Law on Legal Protection of Minors are collected; in the second those affecting the Civil Code; in the third corresponding to the Law 54/2007 of 28 December on Intercountry Adoption, hereinafter Intercountry Adoption Act; in the fourth those relating to Law 1/2000 of 7 January, Civil Procedure, hereinafter Civil Procedure Act; in the first final provision affecting the Law 29/1998, of July 13, regulating the Administrative Jurisdiction henceforth Law Administrative Jurisdiction; in the second final provision relating to the Law 41/2002, of 14 November, regulating patient autonomy and rights and obligations regarding clinical information and documentation, hereinafter Law on Patient Autonomy; in the third final provision relative to Royal Legislative Decree 1/1995 of 24 March, approving the revised text of the Law of the Workers' Statute approved; in the fourth final provision which affects the Law 7/2007 of 12 April, on the Basic Statute of Public Employees; in the fifth final provision affecting the Law 40/2003 of 18 November on the Protection of Large Families; in the sixth and seventh final provisions, those relating to the Organic Law 2/2006 of 3 May, of Education, and the Organic Law 8/2013, of December 9, for the Improvement of Educational Quality; in the eighth final provision corresponding to the Law 43/2006 of 29 December, for improving growth and employment; in the ninth final provision, which affects the Law 39/2006 of 14 December on promoting personal autonomy and care for people in situations of dependency; in the final provisions tenth to fourteenth those affecting modifying the revised text of the General Law on Social Security, approved by Royal Legislative Decree 1/1994 of 20 June, the Criminal Procedure Law, the Law 35/2011, of 10 October, regulating the Social Jurisdiction, and the revised text of the Law on State Pensioners, approved by Royal Legislative Decree 670/1987 of 30 April. The last seven final provisions relate to the competence title, regulatory authorization to the cities of Ceuta and Melilla and the government in general, to the creation of central registry of sex offenders, modifications and regulatory developments, the incorporation of European legislation, to no increase in budgetary expenditure and entry into force.
In the first additional provision, the reference to the use in legal texts of the term "public entity" in relation to the Public Entity under protection of territorial jurisdiction is collected; in the second additional provision, references to pre-adoptive foster care, foster care and the simple Collaborating Entities of Intercountry Adoption; the third additional provision enables the Government to promote, with the autonomous regions, the establishment of common criteria and minimum standards of coverage, quality and accessibility in the implementation of this law; the fourth additional provision establishes the legal regime of specific child protection centers with behavioral problems collaborating private entities competent public entities; the fifth additional provision establishes a mechanism for inter-regional assignments families to foster care, or, where appropriate, adoption; and the sixth additional provision establishes a legal regimes equalization of foster care under this Act in relation to existing rules prior to it and the corresponding laws of the Autonomous Communities. The first two transitional provisions set out the rules applicable to judicial proceedings already initiated at the date of its entry into force and the cessation of foster care constituted court.
Amendments to the Law on Legal Protection of Minors refers basically to the adaptation of the principles of administrative action to the new needs presented by children and adolescents in Spain, such as the situation of foreign minors , those who are victims of violence and regulation of certain rights and duties. Moreover, a thorough review of the system's institutions for the protection of children and adolescents is done.
Articles 5 and 7 undergo changes resulting from the ratification by Spain of the Convention on Rights of Persons with Disabilities and the need to adapt the regulation accordingly.
Also an explicit mention of the digital and media literacy as an essential tool is introduced so that children can develop their critical thinking and take an active part in a participatory society and in today's world can not be understood outside the new information technologies and communication.
A new chapter III It introduced in Title I entitled 'Duties of the child' in line with various international and regional standards also, in which, from the conception of children as citizens are recognized as co of the societies involved and therefore not only holders of rights but also duties. In this regard, four new articles in which the duties of children in general and in the family, school and social areas in particular are regulated are introduced.
Article 10 reinforce measures to facilitate the exercise of the rights of minors and an appropriate regulatory framework concerning foreign minors is established, recognizing, for those who are in Spain and regardless of their administrative status, their rights to education, to health care and social services, as set out in the Organic Law 4/2000 of 11 January on the rights and freedoms of foreigners in Spain and their social integration , and Law 16/2003 of 28 May, of cohesion and quality of the National Health System.
Also the right to obtain the required documentation of residence to foreign children who are supervised by public bodies once it has been proven inability to return with his family or country of origin is recognized.
Article 11 is introduced as a guiding principle of administrative action to protect children against all forms of violence, including that produced in their family environment, gender, trafficking and human trafficking and female genital mutilation female, among others. Accordingly, public authorities develop awareness actions, prevention, care and protection against any form of child abuse by establishing procedures to ensure coordination between the competent public authorities.
Closely related to the above, in Article 12, the support necessary for children under parental authority, guardianship, custody or foster care of a victim of domestic violence or domestic to remain the same is guaranteed. Also, the presumption of minority of a person whose majority has not been established with certainty, until finally determine it is introduced.
In this article the guiding principles of the reform of institutions for the protection of children and adolescents noting that priority be given to stable measures against the temporary, against family residential and agreed collected against the imposed. These principles, vertebradores system had already been established in the Guidelines for the Alternative Care of Children of the General Assembly of United Nations, February 24, 2010, and in various documents adopted by the International Social Service. Furthermore, in Article 12, another mainstay of this reform is collected, as is the obligation of the Public Entities to review, in concrete terms, the protection measures adopted. Thus it is obliged to make a personal monitoring of each child or adolescent and a review of the protection measure.
In Article 13 two new sections are incorporated in relation to crimes against sexual freedom and integrity, human trafficking and exploitation of minors. On the one hand, the duty of all persons having notice of a fact that could constitute a crime against sexual freedom and integrity, trafficking in human or exploitation of lesser beings, putting it in the Public Prosecutor is established. It also establishes a requirement to access and exercise a profession or activity involving regular contact with minors, not having been convicted of crimes against sexual freedom and integrity, human trafficking and exploitation of children, thereby giving effect to the commitments made by Spain to ratify the Convention on the Protection of Children against sexual exploitation and abuse, of October 25, 2007, and Directive of the European Parliament and Council Directive 2011/93 / EU of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography and amending framework Decision 2004/68 / JHA Decision is replaced.
Directly related to the above and for the purposes of prevention, it is created within the system of administrative records in support of the Administration of Justice, the Central Sex Offender Registry containing the identity of those convicted of crimes against freedom and sexual inviolability, human trafficking, or exploitation of children, and information about their genetic DNA profile. This is intended to allow monitoring and control of persons convicted of these crimes not only in Spain but also in other countries. The General State Administration will cooperate with the competent authorities of the Member States of the European Union to facilitate the exchange of information in this area.
According to the above principles, reform of institutions for the protection of children and adolescents is operated, and a more complete state regulation of situations of risk and helplessness, legal concepts states that, by first time, defined in state legislation which basically incorporates range as substantive content thereof, which jurisprudence and regional legislation had collected over the years.
Thus, in Article 14 the institution of the temporary custody is regulated within the measures of immediate attention, which later developed in Article 172 of the Civil Code.
With regard to the risk, and by amending Article 17 integrally develops this figure and procedure, both of which were not regulated at the state level. Appropriate intervention to alleviate and intervene in risk situations they may find children becomes paramount to preserve their best interests, avoiding in many cases the situation is worsening, and to be taken much more traumatic decisions and more individual, family and social costs, such as the separation of children from their families.
The regulation provides that the proposed action can be agreed with the parents or other legal guardians, responding to the principle alluded to prevail consensual solutions to those imposed. If they refuse your subscription or not later collaborate on the same, the risk will be declared by administrative decision in order to guarantee them the information on how to act to avoid a further declaration of abandonment.
Special relevance is given to intervention in situations of risk prenatal possible in order to avoid a possible subsequent declaration of risk or abandonment of the newborn. a solution for cases of necessary health care for the child without consent from their parents or other legal guardians, which also involves the modification of the Law on Patient Autonomy is also expected.
There are two major developments regarding the regulation of helplessness. In Article 18 the definition of the situation of helplessness regulated in Article 172 of the Civil Code, establishing for the first time in a standard character state, the circumstances that determine, bringing an important clarification and unification is introduced is completed criteria for his statement. It should be noted that for the purposes of paragraph d), which states as a cause of homelessness regular consumption of substances with addictive potential by parents or guardians, is understood as usual criteria harmful use, abuse or dependence, according to the definitions of the World Health Organization or the American Psychiatric Association.
In addition, for the first time regulates the competence of the Public Entities regarding the protection of Spanish children in vulnerable situations in a foreign country and the procedure to follow in case of removal of a child protected from one region to a different, issues that were not covered so far.
In Article 19, the maximum duration of two years requested custody of children by parents, unless the best interests of exceptionally advise the extension thereof is established. Thus, it is intended to prevent chronic situations of voluntary guards in which parents give in the care of their children to public authorities 'sine die', depriving them this way of family and permanent solutions, precisely during the key years are made early childhood.
It should be noted the principle of priority of the family of origin, both through the aforementioned regulation of risk, as when he says, in the new Article 19a that, in cases of custody or guardianship Management of the child, the Public Entity must prepare an individual plan of protection in which a family reintegration program will be included when the latter possible. This article incorporates the criteria that the ruling 565/2009, dated July 31, 2009, the Supreme Court has to decide whether family reintegration appropriate in the interests of the child, among which over time or integration into the host family. In this article the family reunification of unaccompanied children is expected.
In Article 20, in order to promote agility and preserve the interests of children, the establishment of foster care, comparing residential, simplifies even if there is no prior consent of parents or guardians, subject to review by jurisdiction thereof. Moreover, for reasons of legal technique and better location, he moved to Article 20 so far established in Article 173 of the Civil Code on formalization of the placement and content of the attached document to accompany the same, and introduced the need, as in the adoption of the adequacy of the cozy is valued, and the same criteria, criteria which were not so far collected in the state regulations are defined. In addition, defined, more in line with the reality of current child protection form, the two types of care in relation to the characteristics of the foster family, referring to foster care in the extended family of the child or family own another person.
In Article 20a, for the first time, the status of family friendly as a set of rights and duties is regulated. The important role played by host families makes it very convenient that a general provision outlining their status and thus had been highlighted in the conclusions of the Special Senate Committee Study of the problem of domestic adoption and related issues. It has also included an article 21 bis in which the rights of foster children are collected.
With respect to residential care, Article 21 includes the projection of the priority of foster care compared to residential. This is an ambitious arrangement whose basis is that the child needs a family environment for proper development of his personality, an aspect in which there is complete consensus among psychologists and pedagogues. If this goal is common to all when they are under six, and even more marked and essential if they are under three, convenience becomes an unavoidable necessity, without prejudice to introduce a flexible provision to cover cases where, for duly justified reasons, admission to protection center is the only measure that is available, or when residential care in the best interests of the child.
Moreover, and in relation to residential care services (known hitherto specialized services and now called "residential care" to use terminology equivalent to "foster care"), generally established their basic characteristics, necessary adjustment to quality criteria and the preferential nature of family solutions.
In addition, all residential care facilities that provide services for children in the field of protection must always be enabled administratively by the Public Entity.
Moreover, Article 22a includes the obligation of the administration to prepare for independent living to young people leaving care, an issue of great social significance and that there are good practices of Public Entities and Third Sector social action in Spain.
Article 22b provides for the creation of a system state data on child protection to be provided by public entities and the State Administration which will allow knowledge and monitoring of the situation of child protection and adolescence in Spain, not only for statistical purposes but also concrete monitoring of protective measures taken in respect of each child, as well as people who volunteer to foster care and adoption. Article 22c introduces rules governing the processing of personal data of children according to their interests and Article 22d establishes the obligation to assess the impact on children and adolescents in all regulatory projects.
Finally, Articles 23 and 24 suffer terminological reforms.
The main amendments to the Civil Code are referred to the Spanish child protection system and, therefore, are closely related to those noted in the previous section. However, also they modify other aspects related to this matter.
Are amended, first, the rules of private international law, in particular paragraphs 4, 6 and 7 of Article 9 conflict rules the law applicable to filiation, protection of minors and elderly and maintenance obligations. These changes respond, on the one hand, to the incorporation of Community or international standards and terminological adjustments to them and, secondly, to technical improvements in determining the factual or connection points and temporal precision.
A new paragraph is inserted in Article 19 to provide for the recognition, by the Spanish legal system, dual nationality in cases of international adoption, in which the law of the country of origin of the adopted child provides for the conservation of their nationality of origin.
Moreover, the rules on actions affiliation change. The proposed regulation reflects the fact that the first paragraph of Article 133 has been declared unconstitutional, as non-marital prevents the parent's claim of paternity in cases of lack of possession of state (Constitutional Court rulings number 273/2005, of October 27, 2005, and number 52/2006 of 16 February).
In similar terms it has been declared unconstitutional the first paragraph of Article 136 acts as the deadline for the exercise of the action to challenge paternity marriage begins to run even if the husband not ignore the biological parent who has been registered as his child in the Civil Registry (Constitutional Court rulings 138/2005 of 26 May 2005 and 156/2005, of June 9, 2005), this being the main reason for the proposed reform. Table reform is completed at this point with those contained in Articles 137, 138 and 140 of the Civil Code.
An amendment to Article 158 of the Civil Code operates on the principle of agility and immediacy applicable to interim incidents involving minors, to avoid unnecessary losses that might arise from rigidities or procedural encorsetamientos, allowing take protective mechanisms, both respect of the child victim of abuse and in relation to which, without being victims, they may be at risk. With the amendment of Article 158 of the adoption of new measures, prohibition approach and communication, parent-child relationships are possible.
Article 160 extends the right of the child to relate to their relatives expressly including siblings.
With regard to the regulation of visitation and communication with the amendment made in Article 161, the jurisdiction of the Public Entity clear to establish by reasoned decision visitation and communications regarding children at guardianship or custody, as well as its temporary suspension, informing the prosecutor. It should be noted that international recognition of the right of children 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 separated children extends of his family by the Public Entity.
With regard to the regulation of helplessness, and in addition to the provisions of Article 18 of the Organic Law on Legal Protection of Minors already mentioned, the previous Article 172 of the Civil Code is split into three articles in order to separate the regulation situations of helplessness (Article 172), guardian at the request of parents or guardians (Rule 172a) and measures of intervention in both cases (Article 172b) by the residential and foster care.
In relation to Article 172 legitimizing parents is maintained to promote the revocation of the administrative decision of helplessness and to oppose the decisions taken regarding the protection of children during the period of two years from the notification , adding that after those two years only the prosecutor is entitled to challenge the resolutions on the child issued by the Public Entity. Moreover, it is noted that during this period of two years public entities, considering the situation, adopt any measure of protection they consider necessary, including the proposed adoption, when there is a forecast of irreversibility.
In this article the possibility of taking interim custody without prior declaration of abandonment or express request of the parents is established, while the precise place for identifying the minor errands, research their circumstances and the realization of the real situation of helplessness. La, although essential to address emergency situations, temporary custody must have time limits because otherwise it could generate legal uncertainty. Therefore, the obligations of the Entities and the role to be played by the prosecution, as vigilante top of administrative action is expected. Moreover, new cases of termination of the administrative supervision that meet the increasing mobility of some minor protected anticipated.
Regarding voluntary keeps in close connection with Article 19 of the Organic Law on Legal Protection of Minors, Article 172a states that the guard at the request of the parents may not exceed the maximum period of two years, unless extended by exceptional circumstances, after which, or the extension, the child must return to their parents or guardians or be given a new measure of permanent protection.
Article 172b priority with respect to residential foster care is collected, and the possibility of agreeing, by public entities, stays, weekend outings or vacations with families of origin or alternatives is also regulated, or suitable for children in care and the possibility that, in cases of neglect or guardian at the request of the parents, the Public Entity may set an amount to be paid by parents or guardians in respect of food and expenses of establishing institutions child care and attention.
After some minor changes to Article 173, Article 173a redefines the modalities of foster care in terms of its duration. the interim care, which is no longer necessary to the simplification of foster care, as well as pre-adoptive fostering, ultimately, is currently a phase of adoption procedure is deleted. This clearly is introduced into the real cases of foster care, which will be concretized in care emergency, temporary care (so far called Simple), with a maximum duration of two years, unless the interests of the child advises an extension, and permanent foster care.
High functions entrusted to the Public Prosecutor, as vigilante superior administrative action in protection of minors must be accompanied by the means to enable it to exercise them effectively, preventing their efforts remain limited to a sufficient Simple voluntarism devoid of practical operation or that action is merely symbolic. For this purpose, it is expressly assigned the possibility of requesting additional to those presented by the Public Entity reports.
Article 175 and in relation to the capacity of the adoptive parents, the inability to take from those who could not be established guardians, and in addition to the provision on the minimum age difference between adopter and adopted, is set also a difference maximum age to prevent discrepancies in the regional legislation on maximum ages in fitness, cause undesirable distortions.
Moreover, Article 176 incorporated a definition of suitability to adopt in order to strengthen legal certainty and expressly includes a provision according to which not be declared suitable for adoption parents who private encounter of parental authority or have suspended their exercise, or have committed the keeping of their child to a public entity. In connection with the performance of the Public Entity in the judicial procedure of adoption, two important developments occur. First, it requires the declaration of suitability of the adoptive parents is necessarily prior to the proposed adoption formulates the Public Judge, an issue that was not clearly established; and, secondly, the circumstances in which it is not mandatory prior proposal of the Public Child Protection to initiate legal adoption file are modified.
An article 176a which regulates "ex novo" guardian for adoption is introduced. This legal provision permit, prior to the Public formulate the corresponding proposal to the court for the constitution of adoption, can begin provisional coexistence between the child and persons considered suitable for such an adoption until appropriate judicial decision is taken in order to prevent the child has to stay during that time in a protection center or another family. This may take place through the appropriate delegation of the Public Guardian.
In connection with the adoption procedure, Article 177 adds, among whom must agree to the adoption, the person to which it is linked by an analogous relationship to marriage. Moreover, in order to give coherence to the system, it is noted that, notwithstanding the right to be heard, not the consent of the parents for adoption will be necessary when two years had elapsed without initiating proceedings to revoke the situation helplessness or when having exercised, they had been dismissed. Another set, in this article, the consent of the mother may not be paid until six weeks have elapsed since delivery, rather than 30 days now in force, in compliance with the provisions of the European Convention on Adoption done in Strasbourg on 27 November 2008 and ratified by Spain.
Article 178 is included as an important novelty, the possibility that, despite the adoption constituted legal ties between the adoptee and his family of origin is extinguished, any member can stay with her any form of relationship or contact through visits or communications, which could be called open adoption. This will require that the resolution of constituting the adoption so agreed by the court, on a proposal from the Public Entity prior positive assessment in the interests of the child by professionals of the Public Entity, and consented to by the adoptive family and the less you have enough maturity and, in any case, if I had more than twelve years. Professionals Public Entity shall support the parties and participate in the monitoring of that relationship, reporting on whether or not their permanence in time, based on an assessment of the results and consequences that it has for the child an absolute priority, beyond the interest that may mean for the adoptive parents and their family of origin.
It is an established with different amplitude and contained in the legislation of various countries such as the United States, Britain, Austria, Canada and New Zealand figure. In some cases it is set as "a private agreement between the parties," with supervision and support of Public Entities, and others must be confirmed by a judge, who should the decision on its possible modification or termination, as is the model It included in this law.
The opportunity to introduce this figure in our legal system reflects the search for consensus, family and permanent alternatives to provide family stability to some children, especially the older ones, whose adoption is more difficult. Through open adoption, the institution of adoption is flexible, allowing the family of origin better accept the "loss", and that the child can benefit from a stable life in his adoptive family, maintaining links with family coming, especially with his brothers, and with which, in many cases, has maintained relationship during the foster care relationship continues even though it was not formalized by way of fact.
Article 180 reinforces the right of access to the origins of adoptees, forcing public entities to guarantee and maintain the information during the period laid down in the European Convention on Adoption, and other entities to collaborate with first with the prosecution.
Article 216 contains the limiting locus standi to apply the measures and provisions in Article 158 of the Civil Code, in the case of minors under the supervision of the Public Entity, at its request, the Prosecutor or the minor.
Appropriate changes are introduced in the regulation of ordinary guardianship of children and persons with judicially modified in distress under Articles 239 and 239 bis capacity. Moreover, it includes the possibility of granting judicial powers to tutelary keepers made in Article 303. Guardian alleged fact that should motivate the declaration of abandonment and assumptions before proceeding to which has deprivation of parental authority or appointment of a guardian is well established.
Finally, a new wording in Articles 1263 and 1264 in relation to the provision of consent of minors in certain areas.
The amendments proposed to the Intercountry Adoption Act respond to various needs. On the one hand, the scope of the law, in its original version, only alluded to the content of Titles II and III, obviating Title I is clarified, and the concept of international adoption for the purpose of it is defined as does the Convention of the Hague of 1993, since the definition appearing in paragraph 2 of Article 1, the provisions of title I did not apply to many cases of international adoptions without international movement of minors, having generated confusion in specific situations.
The powers of the various public administrations demarcate. So, are determined as powers of the General State Administration to affect foreign policy, the decision to initiate, suspend or limit the processing of adoptions with certain countries, as well as accreditation agencies to act as intermediaries in adoptions international, in the terminology of the Hague Convention, based on the above associates called international adoption, subject to the necessary intervention by public entities of the Autonomous Communities.
Moreover, the regional competition for control, inspection and monitoring of accredited bodies remains in their performances in their territory but it is expected that the Central Government is the responsible control and monitoring regarding brokering the accredited body carries out abroad.
The best interests of the child as primary consideration in adoption is stressed and the prospective adoptive parents, not as seekers, but as people who are offered for adoption is defined. Following the terminology of the Hague Convention, the international adoption Associates are renamed accredited international adoption agencies.
In addition, forecasts guarantee international adoptions pointing reinforcing that can only be done through the intermediation of accredited bodies and in cases of signatory countries to the Convention of The Hague and under certain conditions by the mediation Entities public. They are reinforcing in Articles 4, 6 and 26 controls on improper financial gain.
It details more clearly in Article 11 obligations of the adoptive parents, both in the pre-adoption phase, since the information and previous training is the best guarantee for the success of adoptions, as in phase by establishing postadoptive legal consequences of a breach of the obligations to which postadoptivas parents and the government are required for countries of origin of minors.
Significant changes in the rules of private international law which basically answer the following questions are introduced: deleting references to the amendment and revision of the adoption, legal forms exist in our law (Article 15); improve the regulation of adoption consular restricting it to cases in which no proposal from the Public Entity (Article 17) is required; establish the impossibility of establishing adoptions of children whose national law the ban, with some qualification, to avoid the existence of adoptions that seriously claudication legal certainty the child (Article 19.4); modify budgets recognition of adoptions constituted by foreign authorities, reformulating the control of the international jurisdiction of the foreign authority through the determination of fair links with foreign state whose authorities have made, which can be assessed through the Spanish bilateralization of the competition rules laid down in articles 14 and 15 of the Act, which allows the authority that recognizes perform its function without resorting to complex and unnecessary proof of foreign law. Moreover, the budget control of the applied or applicable law, alien to Spanish recognition system decisions and foreign judgments is replaced by the non Disgruntled adoption constituted abroad with the Spanish public order, specifying this indeterminate in adoption cases in which the consent of the family of origin has not been, has not been reported or has been obtained by price, to avoid that in this area of international adoption cases of "stolen children occur legal concept ".
Finally, Article 24 to regulate international cooperation of authorities in cases of adoptions by Spanish adopter and resident in the country of origin of the adopted changes.
Finally, and in relation to other child protection measures, timely reference to two Community regulations and the Hague Convention essential in this matter is introduced, and the recognition system is improved in Spain of these measures , similar to that provided in French law, which was recently endorsed by the European Court of Human Rights in the case "Harroudj c. France "of 4 January 2013.
The Civil Procedure Act to strengthen effective judicial protection in defense of the rights and interests of minors is modified by introducing improvements in existing procedures, designed to make them more effective and clarifying points which in practice have generated conflicting interpretations.
In order to strengthen the principle of speed, vital processes in which it decides on minor interests and in order to avoid inconsistent rulings, provisions are introduced in line with the provisions of the Organic Law of Protection minor legal, to promote accumulation when there were several processes to challenge administrative decisions regarding the ongoing protection involving the same child.
Therefore is introduced in Article 780 of the Civil Procedure Act the general rule of accumulation processes and special provision in Article 76 is entered to determine that, in general, all processes opposition administrative decisions to continue regarding the same minor accumulate the oldest of them and are followed and resolved with due judicial economy, by the same court. This ensures foreseeing that is promoted accumulation of its own motion, the court having knowledge of the existence of a second or subsequent process.
The need to clarify procedural aspects of the protection of children and adolescents is reflected in the current system of provisional enforcement of judgments in the process of opposition to administrative decisions regarding the protection of minors. Although the widespread interpretation of Article 525 of the Civil Procedure Act is leading to the impossibility of provisional execution of such judgments and, in particular, those issued as a result of a process anticipated by Article 780 of the Act Civil Procedure, the truth is that the wording of section 1 of that Article 525 does not clearly and expressly refers to them.
Ban provisional enforcement of judgments handed down in proceedings opposition to administrative decisions regarding the protection of minors, in order to be introduced, therefore, express, clear and strict on this article avoid damages to the minor would be the revocation of a sentence of this nature it was temporarily running. When the judgment at first instance decides to revoke a protective measure and Public Entity or the prosecutor turn, the interests of the child requires that their status will not change until the matter is not settled in the second instance, for another proceeding could seriously injure their rights and to disrupt the necessary stability in their family relationships. This more than justifies the express provision excluding the provisional execution of such sentences.
Moreover, Articles 779 and 780, and includes terminological adjustments required in line with the Law on Legal Protection of Minors, the term unifies two months to raise objections regarding all administrative decisions protection of minors, removing the differentiation made regarding statements of helplessness.
Same procedure for opposition to all administrative decisions, regardless of their content or the people affected, extending the entitlement is established.
And finally, with the reform of Article 781 cases in that during application processing adoption of adopting parents pretend that they recognize the need to give their assent to the adoption concentrate on a single procedure, in order to give unity of action to such claims, which will result in an acceleration of the procedure.
In the first final provision Law of Administrative Jurisdiction changed. The attribution of competence for entry clearance at home for the execution of an administrative decision on the protection of minors to the Court of First Instance and not to the Courts of the Contentious-administrative, as before, requires the modification of the powers conferred to them in the Act.
The Law on Patient Autonomy it is reformed in the second final provision incorporating the criteria set out in the Circular 1/2012 of the Public Prosecutor's Office on substantive and procedural treatment of conflicts before blood transfusions and other medical interventions on minors in cases of serious risk. This Circular postulates in its conclusions the necessary introduction of the subjective criterion of maturity of the child or the target, based on age. This mixed approach is taken in the legal text.
Is introduced, for clarity, a new paragraph 4 in Article 9 referred to emancipated minors or over 16 years in relation to which it should not grant consent by representation, except in the case of a performance of serious risk to life or health.
Moreover, that article 9 a section 6 which is set is added that in cases where consent has to grant it the legal representative or persons related by family or factual reasons, the decision must taken with due regard to the greatest benefit to the life or health of the patient, otherwise it shall be notified of the judicial authority, directly or through the Public Prosecutor to adopt the corresponding resolution.
The third final provision modifies the Statute of Workers whose Article 37, paragraph 3 f) provides the permission of the worker 'for the indispensable for prenatal examinations and birth preparation techniques to be made within time of the working day. " This article considers only the biological motherhood and non-maternity / adoptive parenthood and, in some cases, foster care. Adoptive families, guardadoras for adoption and welcoming, in some autonomous communities, must compulsorily attend some briefings and preparation, and in the case of adoption should mandatorily obtain a certificate of fitness after a psychosocial study sometimes assumes more than five interviews. These legal requirements may properly be considered a preparation for adoption and should therefore be seen as normatively paid leave, as they are mandatory for all adoptive families, unlike birth preparation, it is not. Moreover, in these cases, both parents must attend the preparation and interviews, in contrast to prenatal examinations and birth preparation techniques, which is only strictly necessary to go mother. Therefore, this change equates to adoptive or foster families to biological.
In connection with this initiative, it must distinguish that while the amendment made would apply to staff working in the government, does not apply to civil servants, governed by the provisions of the Law 7/2007, April 12th. Therefore it is incorporated in the fourth final provision amending Article 48, letter e) of the Act which provides the same provision of the Workers' Statute, so that public officials can also enjoy this permission.
The fifth final provision amends Law 40/2003 of 18 November on the Protection of Large Families, to reform the conditions of maintaining the effects of official large family. The current regulation affects the validity of the title until the number of children who meet the necessary requirements is the minimum set. This means that when older siblings are out of the title, while fulfilling the age requirement, fundamentally, the family may lose the right to the title if less than three or two brothers who meet the requirements, giving the paradox that younger siblings that have generated family the right to the title then can not enjoy these benefits. Given that in a high percentage, current titles correspond to large families with three or two children, compliance with the maximum age by the biggest drag loss of the title and all the benefits for the whole family quite often . Therefore, this reform is intended to accommodate the actual situation of large families and avoid a situation of discrimination between brothers.
The final provisions sixth and seventh paths introduce amendments to the Organic Law 2/2006 of 3 May, of Education, and the Organic Law 8/2013, of December 9, for the Improvement of Educational Quality, to review the criteria for allocating school place in order to take into account the legal status of large family and situation of foster care student or the student, as well as increase the reserve of places in schools for cases of the beginning of a measure foster care in the student or the student.
The final eighth provision amends Law 43/2006 of 29 December, for improving growth and employment, as a result of the need to protect people who are victims of human trafficking.
The ninth final provision amends Law 39/2006 of 14 December on the Promotion of Personal Autonomy and Care for dependent people so that economic benefits can not be seized except payment food, which will be the court that will set the amount that can be seized. Thus the child's interest is preserved, that the person in a situation of dependency may owe food.
For its significance and importance worth highlighting the final provisions tenth to fourteenth introducing amendments to the General Law on Social Security, the Law on State Pensioners, the Criminal Procedure Law and the Law on the Social Jurisdiction in order to regulate the consequences of the offense of culpable in the field of death benefits and survival of the system of Social Security and for relatives of Passive Class system State murder, from a global perspective that reinforces the fight against gender violence and guarantee the rights of the most vulnerable groups, singularly of minors.
More specifically, the new regulation prevents access to such benefits and maintaining your enjoyment to those who were convicted by final judgment for committing an intentional homicide, in any form, crime when the victim is the triggering event of the provision. And all this is accompanied by instruments, while fully respecting the necessary legal guarantees, allow the Administration precautionary suspension of payment of benefits, if any, were recognized when it has fallen on the applicant court decision which prima facie derived from the commission of the crime indicated and the official review of the recognized rights when final decision is taken about judgment. In addition, the mechanisms of communication and coordination necessary with the courts of justice for better implementation of the new regulation, within a context that also pays attention to the rights of orphans, are articulated in order to prevent people convicted of the crime of homicide can receive on their behalf the corresponding pension increases also contemplating relevant amount when the widow's pension is refused or withdrawn convicts.
A new regulatory environment that improves existing above is completed and represents an additional step of great importance from the perspective of social protection mechanisms within a particularly sensitive area and which must be counted on initiatives and actions since the different areas to ensure a framework for comprehensive protection.
Article first. Modification of the Organic Law 1/1996 of 15 January on the Legal Protection of Minors, partially amending the Civil Code and the Civil Procedure Act.
The Organic Law 1/1996 of 15 January on the Legal Protection of Minors, partially amending the Civil Code and the Civil Procedure Act, is amended as follows:
One. the heading of Title I, which read as follows amendments:
Of the rights and duties of minors'
Two. paragraphs 1 and 3 of Article 5, which are modified to read as follows:
"1. All children have the right to seek, receive and use information appropriate to their development.
Special attention to digital and media literacy, so adapted to each stage, allowing children act safely and responsibly online and, in particular, identify situations of risk arising from the use of new be given information and communications technology as well as tools and strategies to address these risks and protect themselves. "
'3. The government will encourage the production and dissemination of information materials and other for minors, respecting the criteria, at the same time facilitate the access of minors to information services, documentation, libraries and other cultural services including adequate awareness of the legal leisure and culture on the Internet and on protection of intellectual property rights.
In particular, they shall ensure that the media in their messages addressed to minors promote the values of equality, solidarity, diversity and respect for others, avoid images of violence, exploitation in interpersonal relationships, or to reflect degrading treatment or sexist or discriminatory treatment towards people with disabilities. In the area of self regulation, the authorities and agencies will promote among the media, generation and monitoring compliance with codes of conduct aimed at safeguarding the promotion of the above described values, limiting access to images and harmful digital content minors under the contemplation of self-regulatory codes approved content. accessibility will be guaranteed with precise reasonable adjustments, such materials and services, including technological, for children with disabilities.
The public authorities and providers promote the full enjoyment of audiovisual communication for children with disabilities and use best practices to avoid any discrimination or adverse impact to these people. "
Three. paragraph 1 of Article 7, which shall read as follows amendments:
"1. All children are entitled 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 shall promote the establishment of bodies involving minors and social organizations of children and adolescents.
Accessibility of environments and the provision of reasonable accommodation shall be guaranteed for children with disabilities to develop their social, cultural, artistic and recreational life. "
Four. A new chapter III is introduced in Title I, with the following wording, from the current chapter III become Chapter IV:
Duties of the child
Article 9a. Duties of minors.
1. The children, according to their age and maturity, shall assume and perform the duties, obligations and responsibilities inherent or consequential to the ownership and exercise of the rights that are recognized in all areas of life, whether family, school and social .
2. The public authorities shall promote the realization of actions aimed at promoting knowledge and performance of the duties and responsibilities of children in conditions of equality, non-discrimination and universal accessibility.
Article 9b. Duties related to the family.
1. All children should participate in family life respecting their parents and siblings and other relatives.
2. All children must participate and co-responsibility in caring for the home and performing domestic tasks according to their age, their level of personal autonomy and capacity, regardless of their sex.
Article 9c. Duties related to schools.
1. Minors must respect the rules of coexistence of schools, study during the stages of compulsory education and have a positive attitude to learning throughout the training process.
2. All children have to respect teachers and other employees of schools, and the rest of his companions, avoiding conflict and bullying in any form, including cyberbullying.
3. Through the educational system the knowledge that children should have their rights and duties as citizens, including among them those generated as a result of the use in the educational environment of Information Technology and Communication will be implemented.
Article 9d. Duties related to the social sphere.
1. Minors must respect the people with whom they relate and the environment in which they operate.
2. Social duties include, in particular:
A) Respect the dignity, integrity and privacy of all people with whom they relate regardless of their age, nationality, race or ethnic origin, religion, sex, sexual orientation and gender identity, disability, physical or social characteristics or belonging to certain social groups, or any other personal or social circumstance.
B) respect the laws and regulations applicable to them and the rights and freedoms of others, and to take a responsible and constructive attitude in society.
C) Maintain and make good use of resources and facilities and public or private facilities, street furniture and any others that develop their activity.
D) Respect and learn about the environment and animals, and contribute to its conservation within sustainable development. "
Five. paragraphs 1, 3 and 4 are modified, and a new letter f) of paragraph 2 and paragraph 5 to Article 10, which are worded as follows are inserted:
"1. All children are entitled to receive from the government, or through its associates, the information in accessible formats and appropriate assistance for the effective exercise of their rights and to ensure their respect. "
F) To submit individual complaints to the Committee on the Rights of the Child, under the terms of the Convention on the Rights of the Child and the norm that develops. "
'3. Foreign minors who are in Spain are entitled to education, health care and services and basic social benefits, under the same conditions as Spanish minors. Public Administrations shall ensure especially vulnerable groups such as unaccompanied minors, those presenting international protection needs, children with disabilities and those who are victims of sexual abuse, sexual exploitation, child pornography, trafficking or trafficking of human beings human, ensuring compliance with the rights provided by law.
The public authorities in the design and development of public policies will aim to achieve full integration of foreign minors in Spanish society, while in the territory of the Spanish State, under the terms established in the Organic Law 4/2000 of 11 January on the rights and freedoms of foreigners in Spain and their social integration.
4. When the Public assume guardianship of a minor alien who is in Spain, the General Administration of the State shall provide him, if not any, to more quickly, and together with the certificate of protection issued by such public entity, the documentation proving their status and residence permit, once it has been proven inability to return with his family or country of origin, and in accordance with current legislation on foreigners and immigration.
5. Respect of protected or saved by Public Entities minors, recognition of their insured status in relation to healthcare will be made officially on submission of certification of their guardianship or custody issued by the Public Entity during the period their duration. "
Six. Article 11, which shall read as follows amendments:
"Article 11. Guiding principles of administrative action.
1. Public Administrations shall provide appropriate assistance children to exercise their rights, including support resources they need.
Public administrations in the areas which they represent, articulate comprehensive policies aimed at the development of childhood and adolescence and, especially, those relating to the rights listed in this law. All children have the right to access such services themselves or through their parents, guardians or foster, who in turn have a duty to use them in the interest of minors.
Compensatory policies aimed at correcting social inequalities will be promoted. In any case, the essential content of children's rights can not be affected by lack of basic social resources. It will be guaranteed to children with disabilities and their families specialized social services disability required.
Public Administrations should take into account the needs of children in exercising their powers, in particular as regards control over food products, consumer, housing, education, health, social services, culture, sports, entertainment, media, transport, leisure, play, clearances and new technologies (ICTs).
The government will particularly consider adequate regulation and supervision of those spaces, facilities and services that normally remain minors, in respect to their physical-environmental, sanitary, accessibility and universal design conditions and human resources, and their inclusive educational projects, participation of minors and other conditions contributing to ensuring their rights.
2. They will be guiding the actions of the public authorities in relation to minors principles:
A) The supremacy of their best interests.
B) The maintenance in their family of origin, unless it is convenient for your interest, in which case measures of family protection and ensure stable priority, in these cases, foster care versus institutional.
C) His family and social integration.
D) Prevention and early detection of all situations that could harm their personal development.
E) The sensitization of the population to situations of vulnerability.
F) The educational nature of all measures taken.
G) Promoting participation, volunteering and social solidarity.
H) The objectivity, fairness and legal certainty in the protective action, ensuring the collegial and interdisciplinary in measures affecting them.
I) Protection against all forms of violence, including physical or psychological abuse, physical punishment humiliating and demeaning, neglect or negligent treatment, exploitation, made through new technologies, sexual abuse, corruption, violence or gender, health, social or educational, family environment including bullying, as well as trafficking and human trafficking, female genital mutilation and other forms of abuse.
J) Equal opportunity and non-discrimination for any reason.
K) The universal accessibility of children with disabilities and reasonable accommodation, as well as inclusion and full and effective participation.
L) The free development of his personality according to their sexual orientation and gender identity.
M) respect and appreciation of ethnic and cultural diversity.
3. The public authorities will develop actions aimed at raising awareness, prevention, detection, reporting, assistance and protection of all forms of violence against children and adolescents through procedures to ensure coordination and collaboration between the various administrations, associates and competent services, both public and private, to ensure integrated action.
4. Public Entities will have programs and resources for support and guidance of those who, being in foster care come of age and are outside the protection system, with special attention to those with disabilities. "
Seven. Article 12, which shall read as follows amendments:
"Article 12. Protection operations.
1. Protection of minors by public authorities will be through the prevention, detection and repair of risk, with the establishment of appropriate services and resources for this purpose, the exercise of care and, in cases of declaration of abandonment the assumption of guardianship by operation of law. In the performances of protection should prevail in any case, measures against family residential, stable against temporal and consensual against those imposed.
2. The public authorities shall ensure that parents, guardians or foster, develop properly their responsibilities and provide them accessible prevention services, counseling and support in all areas that affect the development of children.
3. When children are under the authority, guardianship, custody or foster care of a victim of domestic violence or domestic homeland, the actions of public authorities will be aimed at ensuring the necessary to ensure the permanence of the lower support, regardless of their age with it, and their protection, specialized care and recovery.
4. When it can not be established coming of age of a person shall be considered a minor for the purposes of the provisions of this law, while age is determined. To this end, the Prosecutor shall make a trial of proportionality that adequately weigh the reasons why it is considered that the passport or equivalent identity document presented, if any, is unreliable. Conducting medical tests for determining the age of minors subjected to the principle of speed, will require the prior informed consent of the affected and will take place with respect for their dignity and without a risk to their health, unable applied indiscriminately, especially if they are invasive.
5. Any measure no permanent protection taken in respect of under three years will be reviewed every three months, and for older will be reviewed every six months. In permanent foster care review will take place the first year and every six months, starting in the second year, every twelve months.
6. In addition, the various functions assigned by law, the Public forwarded to the Public Prosecution report justifying the situation of a particular child when it is found in residential care or temporary foster care for more than two years period, must justify the Entity public the reasons why it has not taken a more stable in this interval protective measure of character.
7. The public authorities shall guarantee the rights and obligations of children with disabilities in regard to custody, guardianship, custody, adoption or similar institutions regard to the best interest of the child. They shall ensure that children with disabilities have equal rights with respect to family life. To enforce these rights and to prevent concealment, abandonment, neglect or segregation shall ensure that they provide early information, services and support to children with disabilities and their families. "
Eight. paragraph 1 is amended and paragraphs 4 and 5 to Article 13, which are worded as follows are added:
"1. Any person or authority and especially those whose profession or function detected an abusive situation, risk or possible abandonment of a minor, shall inform the authority or its nearest agents, without prejudice to lend immediate assistance required. "
"4. Anyone who had news through any source of information, a fact that could constitute a crime against sexual freedom and integrity of human trafficking, or exploitation of children, have the obligation to put it to the Ministry prosecutor without prejudice to the criminal procedure law. "
"5. It will be required for access and exercise of professions, occupations and activities involving regular contact with minors, he has not been convicted by final judgment of an offense against sexual freedom and integrity, including sexual assault and abuse, sexual harassment, exhibitionism and sexual provocation, prostitution and sexual exploitation and corruption of minors as well as human trafficking. To that end, the person seeking access to such professions, occupations or activities must prove that fact by providing a negative certification Central Sex Offender Registry. "
Nine. Article 14, which shall read as follows amendments:
"Article 14. Immediate attention.
The authorities and public services will be required to pay immediate attention to clarify any minor, to act if it corresponds to its competence or otherwise transfer to the competent body and put the facts to the attention of representatives legal child or, when necessary, of the Public and the Public Prosecutor.
The Public Entity may take, in compliance with the obligation to provide immediate care, temporary custody of a minor under Article 172.4 of the Civil Code, which will be communicated to the prosecution, proceeding simultaneously practice the precise steps to identify the child, investigate and verify their circumstances, if any, the actual situation of helplessness. "
Ten. Article 17, which shall read as follows amendments:
"Article 17. Actions at risk.
1. risk one in which, because of circumstances, deficiencies or family, social or educational conflicts, the child should suffer disadvantages in their personal, family, social or educational in their welfare or rights of way it shall be deemed to without reaching the entity, intensity or persistence that would base your tax situation of helplessness and the assumption of guardianship by operation of law, it requires the involvement of the competent public administration, to eliminate, reduce or compensate for difficulties or maladjustment that affect you and prevent homelessness and social exclusion, without having to be separated from their family environment. For these purposes, it shall be considered risk indicator, among others, have declared such a situation unless the family circumstances have changed evidently brother. The concurrence of circumstances or material shortages are considered risk indicator, but it can never lead to the separation of the family.
2. At risk of any kind, the intervention of the competent public administration shall ensure, in any case, the rights of the child and will aim to reduce the risk indicators and difficulties that affect the personal, family and social situation in which found, and to promote measures for their protection and preservation of the family.
3. The intervention in the risk for the competent public administration in accordance with the applicable national and regional legislation, in coordination with schools and social and health services and, where appropriate, with partners of the respective territory or any other.
4. The assessment of risk will lead the development and implementation of a project of family social and educational intervention should collect the objectives, activities, resources and forecast deadlines, promoting factors of child protection and keeping it in its family environment. the involvement of parents, guardians or foster the development of the project will be sought. In any case, it will be heard and taken into account the views of those in the attempt to reach a consensus on the project, which must be signed by the parties, for which it will be communicated in an understandable and accessible format. It will also communicate and consult with the child if you have enough maturity and, in any case, from twelve.
5. Parents, guardians or foster, within their respective roles, actively cooperate, according to their ability, in the implementation of the measures outlined in the aforementioned project. The omission of the cooperation under the same will result in the declaration of the risk of the child.
6. The risk will be declared by the competent public administration in accordance with the applicable national and regional legislation by administrative reasoned decision, after hearing the parents, guardians or welcoming and less if you have enough maturity and in any if, after twelve years. The administrative decision include measures to correct the risk of the child, including those pertaining to the duties to respect parents, guardians or welcoming. Faced with the administrative decision declaring the risk of the child, it may institute proceedings under the Civil Procedure Act.
7. Where the competent public administration is developing an intervention to a risk of a child and becomes aware that it will be transferred to the scope of another territorial entity, public administration of origin shall inform the target to the effect that if appropriate, it continues the intervention that had been made with reference information and documentation. If the public administration of origin was unaware of the destination, it may request the assistance of the Security Forces to proceed to their investigation. Once known the whereabouts of the child, it shall inform the competent public entity in that territory, which will continue the intervention.
8. In cases where the competent public administration to assess and intervene in the risk estimate that there is a lack of protection which may require the separation of children from their family environment or when, it concluded the period specified in the proposed intervention or Convention not have been achieved changes in the performance of the duties of guardian to ensure that the child has the necessary moral or material assistance, shall inform the public entity in order to assess the appropriateness of declaring the situation of helplessness, notifying the prosecutor.
When the Public deemed not be declared helpless situation, despite such proposal made by the competent public administration to assess the risk, it shall inform public administration who was involved in the risk and the prosecution. The latter will be monitoring the situation of the child, though it can seek the cooperation of schools and social, health or any other services.
9. The competent public administration to intervene in the risk shall, in collaboration with related health services, adequate measures of prevention, intervention and monitoring situations of possible prenatal risk, in order to avoid later eventual declaration of risk or abandonment of the newborn. For this purpose, the term risk prenatal lack of physical care of the pregnant woman or the abuse of substances with addictive potential, as well as any other action itself women or third parties tolerated by it, which impair normal development or can cause illness or physical, mental or sensory abnormalities newborn. Health services and health personnel shall notify this situation to the competent public administration and the public prosecutor. After birth the intervention will remain with the child and their family unit so that, if necessary, the risk or neglect the child for proper protection is declared.
10. The refusal of parents, guardians or carers to give consent regarding the medical treatment necessary to safeguard the life or physical or mental integrity of a minor constitutes a risk. In such cases, health authorities, shall immediately inform the judicial authority, directly or through the prosecution, such situations to the effect that the relevant decision in safeguarding the best interests of the child is adopted. "
Once. Article 18, which shall read as follows amendments:
"Article 18. Performances in distress.
1. When the Public Entity finds that the child is in distress, act in the manner provided in Article 172 et seq of the Civil Code, assuming the tutelage of that by operation of law, taking appropriate protective measures and putting him in the Public Prosecutor and, where appropriate, the judge agreed to ordinary guardianship.
2. According to the provisions of Article 172 et seq of the Civil Code shall be deemed helpless situation which occurs in fact because of noncompliance, or impossible or inadequate exercise of the duties of protection established by law for the Guardian children, when they are deprived of the necessary moral or material assistance.
The poverty of parents or guardians can not be taken into account for the assessment of the situation of helplessness. Also, in no case be separated from their parents less because of a disability of the child, both parents or one of them.
An indicator of helplessness be considered, among others, have declared such a situation, unless the family circumstances have changed evidently brother.
In particular it is understood that there helpless situation when one or more of the following circumstances with sufficient gravity, valued and weighted according to the principles of necessity and proportionality is given, pose a threat to the physical or mental integrity less:
A) The abandonment of the child, either because the missing persons who by law shall exercise the care, or because they do not want or can not exercise it.
B) during the period for voluntary, well saved when their guardians are able to take over custody of the child and do not want to assume, or when, wishing assume, are not in a position to do so, except exceptional cases where voluntary placement can be extended beyond two years.
C) The risk for life, health and physical integrity of the child. Particularly when severe physical abuse, sexual abuse or gross negligence in the performance of maintenance obligations and health of people in the household or consent of those third parties; also when the child is identified as a victim of human trafficking and there is a conflict of interest with parents, guardians and custodians; or when there is repeated use of substances with addictive potential or performance of other addictive behaviors repeatedly by the child with the knowledge, consent or tolerance of parents or guardians. It is understood that such consent or tolerance when they have not made the necessary efforts to alleviate these behaviors, such as the request for advice or have not worked enough with treatment, once known them. It is also understood that there severe distress when newborn caused by prenatal abuse damage arises.
D) The risk to the mental health of the child, his moral integrity and personality development due to the continued psychological abuse or lack of chronicling their emotional or educational needs serious attention by parents or guardians . When this lack of attention is conditioned by a serious mental disorder, for habitual consumption of substances with addictive potential or other common addictive behaviors, it will be assessed as an indicator of neglect no treatment by parents or guardians or lack of sufficient cooperation during it.
E) Failure or impossible or inadequate exercise of the duties of guardian due to the serious deterioration of the environment or the conditions of family life, when they result in circumstances or behaviors that may impair the child's development or mental health .
F) Induction to begging, delinquency or prostitution, or any other exploitation of children of a similar nature or gravity.
G) The lack of education or lack of consistent attendance and not adequately justified to school and continued permissiveness or induction truancy during the stages of compulsory schooling.
H) Any other seriously detrimental to the child situation that bring cause of failure or the impossible or inadequate exercise of parental authority, guardianship or custody, whose consequences can not be avoided while in its living environment.
3. Each public entity shall designate the body which shall supervise according to their organizational structures operating.
4. In case of permanent transfer of residence of a minor subject to a measure of protection from the Autonomous Community that adopted a different, it corresponds to this take on that measure or adopt appropriate within a maximum period of three months from the latter is informed by the first of such a transfer. Notwithstanding the foregoing, when the family of origin of the child remains in the region of origin and predictable family reintegration in the short or medium term, the measure will be maintained and the Public Entity of the place of residence of the child collaborate in monitoring the evolution of it. Or the adoption of new measures of protection in cases of temporary removal of a child to a residential center located in another region or when a family living in foster care with her is established, with the agreement of both Autonomous Regions will be necessary.
5. In cases where a situation of possible vulnerability of a child of Spanish nationality who is outside the country, for their protection in Spain shall have jurisdiction corresponding to the Autonomous Community in which they reside Public Entity is detected parents or guardians the child. Failing that, shall have jurisdiction corresponding to the Autonomous Community public entity with which the child or their family tuvieren greater linkages. When, under such criteria, competition can not be determined, it shall be competent Public Entity of the Autonomous Community in which the child or his family had had their last habitual residence.
In any case, when the child that is outside of Spain had been the subject of a measure of protection prior to displacement, the Public Entity shall have jurisdiction vested in its custody or guardianship.
Potential conflicts of competence that may arise shall be resolved in accordance with the principles of speed and interests of the child, avoiding delays in making decisions that could generate harm to it.
The General State Administration will handle the removal of the child to Spain. The Autonomous Community corresponding assume competition from the time the child is in Spain.
6. In cases where the protection measures taken in a foreign state must be met in Spain, it will be addressed first, as provided for in Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and parental responsibility, by Regulation (EC) No 1347/2000, or European regulation replacing repealing. In cases not covered by European legislation, it will be to international treaties and conventions in force in Spain and, in particular, the Convention on jurisdiction, applicable law, recognition, enforcement and cooperation on liability parental and protective measures for children, done at the Hague on October 19, 1996, or replacing Convention. In the absence of any international rules, it will be the Spanish domestic production standards efficacy in Spain of child protection measures. "
Twelve. Article 19, which shall read as follows amendments:
"Article 19. Guard minors.
1. In addition to the custody of children in care because they were in distress, the public entity shall assume custody under the terms provided for in Article 172a of the Civil Code, when parents or guardians can not care for less serious circumstances and transient or when decided by the judge in cases where legally appropriate.
2. Voluntary guard will have a maximum duration of two years, unless the interests of the child advice, exceptionally, the extension of the measure for the expected family reintegration within a short period of time.
In these cases of voluntary keeps family commitment to submit, where appropriate, professional intervention is necessary. "
Thirteen. It includes an article 19a, which shall read as follows:
"Article 19a. common to the custody and guardianship provisions.
1. When the Public assume guardianship or custody of the child will develop an individualized plan of protection set targets, forecasting and timing of the intervention measures to be taken with their family of origin, including, where appropriate, the reintegration program family.
In the case of a child with a disability, the Public Entity ensure continuity of support to come receiving or the most appropriate for your needs adoption of others.
2. When forecasting the possibility return to the family of origin derive, apply the Public Entity family reintegration program, without prejudice to the provisions of the regulations concerning unaccompanied minors.
3. To arrange the return of the child forsaken her family of origin is essential that has proven a positive evolution of it, objectively sufficient to restore family life, which have maintained links, which concurs in order to fulfill parental responsibilities properly and it is found that the return to her does not pose significant risks to the child through the corresponding technical report. In cases of foster care, it must be weighed in the decision making on the return, time and integration into the host family and their environment, as well as the development of emotional bonds with it.
4. When proceeding to family reunification, the Public Entity will conduct a follow-up to support the child's family.
5. In the case of unaccompanied minors, the search for his family and the restoration of family life will be sought, initiating the appropriate procedure, whenever it is deemed that the measure responds to their interests and do not place the child or his family in a situation that endangers their safety.
6. The children and young subject to protective measures that are pregnant receive adequate counseling and support for their situation. In the individual protection plan will cover this circumstance, as well as protection of the newborn. "
Catorce. Article 20, which shall read as follows amendments:
"Article 20. Foster care.
1. Foster care, according to its purpose and regardless of the procedure in which it agreed, coat the rules laid down in the Civil Code and, because of the relationship of the child with the foster family, may take place in the extended family own smaller family or others.
The family foster care of others may be specialized, meaning the that develops in a family in which some of its members have qualifications, experience and specific training to perform this function for children with special needs or circumstances with full availability and collects in the corresponding financial compensation, under any circumstances without assuming an employment relationship.
The specialized foster care may be professionalized when meeting the above qualifications, experience and specific training requirements, there is an employment relationship friendly or welcoming to the Public Entity.
2. Foster care will be formalized by a resolution of the Public Entity having custody or guardianship, prior assessment of the adequacy of the family for care. This assessment will take into account their family situation and educator fitness, their ability to adequately meet the needs of all kinds of child or children concerned, congruence between their motivation and the nature and purpose of the placement by mode and as willingness to facilitate the achievement of the objectives of the individual care plan and, if any, family reintegration program, promoting the child's relationship with his family of origin. The visitation will take place at the family meeting enabled when so advised the interests of the child and the right to privacy of families of origin and welcoming. When the type of placement indicates, the adequacy of the age of the cozy with the foster child will be assessed as well as the previous relationship between them, giving priority, unless the interests of the child would suggest otherwise, to people who, belonging to his extended family, foster care meet adequate conditions.
3. A resolution of formalization of foster care to the preceding paragraph refers, agreed under the terms provided in the Civil Code, an annex document shall include the following be included:
A) The identity of the cozy or welcoming and welcomed.
B) Consents and hearings necessary.
C) The type of placement, scheduled for the same duration and character of care in family extended family or others because of lower bonding with family or welcoming person.
D) The rights and duties of each of the parties, and in particular:
The visitation, stay, relationship or communication, in cases of declaration of abandonment, by the family of origin, which may be amended by the Public Entity in the best interests of the child.
2nd system coverage by the Public Entity of the damage suffered by the child or which may cause to others.
3.º The assumption by the welcoming of living expenses, education and social care.
E) monitoring content, depending on the purpose of fostering, will perform the Public Entity and the commitment to collaborate with such monitoring by the welcoming family.
F) In the case of children with disabilities, support resources it needs.
G) financial compensation, technical support and other aid, if any, are to receive the welcoming.
H) The period in which the measure will be reviewed.
The resolution and the attached document will be forwarded to the Public Prosecutor within a maximum period of one month. "
. Article 20a, which is worded as follows included:
"Article 20a. Rights and duties of welcoming relatives.
1. The family-friendly entitled to:
A) To receive information about the nature and effects of foster care and preparation, monitoring and specialized technical support during and at the end of it. In the case of children with disabilities, welcoming entitled to counseling, guidance and support tailored to the child's disability.
B) be heard by the Public Entity before it takes any decision affecting the child, especially before modifying or temporarily suspend visitation or communication or relationship with family of origin.
C) Be informed of the individual plan of protection as well as protection measures relating to foster care to be adopted regarding the foster child, regular reviews and information record child protection that is necessary for them exercise of their functions, except for those issues related to the right to privacy of third parties and the protection of personal data.
D) Being part in all processes of opposition to the protection measures and the declaration of abandonment situation of foster child and in all processes related opposition as permanent foster care functions have formalized guardianship .
E) Cooperate with the Public Entity in the action plans and monitoring systems established for the placement.
F) Have the identification, health and educational documentation less than welcome.
G) To exercise all rights attached to the guard.
H) be respected by the foster child.
I) Seek the help of the Public Entity in the exercise of their functions.
J) trips with the lowest long as you report to the Public Entity and there is no opposition to it.
K) To receive financial compensation and other assistance that had been provided, if necessary.
L) Provide the child received the same conditions as to the biological or adopted children, to make use of rights or family obligations during the time the child lives with them.
M) Interacting with the least to cease foster care, if the Public conviniere understands that his interests and consents to the family of origin or, where appropriate, adoptive or permanent foster care family and the child if hath sufficient maturity and, in any case, if more than twelve years.
N) Be protected their personal data on the family of origin, in accordance with current legislation.
O) formally formulate complaints or suggestions to the public entity that must be processed in less than 30 days term and to request a hearing should be heard before that deadline.
O) The cozy family will have the same rights as the Administration recognizes the remaining households.
2. The cozy family have the following duties:
A) Ensuring the welfare and interests of the child, keep it in your company, feed, educate and procure a comprehensive education in a caring environment. In the case of child with a disability, you must continue to provide specialized support to come receiving or adopting more suited to their needs.
B) always hear the child before making decisions that affect you, if he is mature enough and in any case, if over 12 years, without exception disability, and to transmit to the Public requests it you can perform within their maturity.
C) Ensure full participation of children in family life.
D) Inform the Public Entity of any event of significance in relation to the child.
E) respect and facilitate relations with the family of origin of the child, to the extent of the possibilities of the cozy family, under the visitation established in favor of that and family reintegration, as appropriate.
F) actively cooperate with public entities in the development of individualized intervention with the child and monitoring of the measure, observing the directions and orientations of it.
G) To respect the confidentiality of data relating to personal and family background.
H) Communicate to the Public Entity any change in family situation on the facts and circumstances that were taken into consideration as the basis for the placement.
I) Ensuring the right to privacy and the identity of foster children and respect their own image, as well as ensuring compliance with fundamental rights.
J) To participate in the training activities proposed.
K) Assist in the transition from child protection measure to the reintegration into their home environment, adoption, or other form of care or the environment to be established after the adoption of a protective measure more stable .
L) The cozy family have the same obligations to the minor welcomed those established by law for holders of parental authority. "
Sixteen. Article 21, which shall read as follows amendments:
"Article 21. Residential care.
1. In relation to children in residential care, public entities and services and centers where they are should act in accordance with the guiding principles of this law, with full respect for the rights of foster children, and have the following basic obligations: | ||
A) ensure coverage of the needs of daily life and guarantee the rights of minors adapting their overall project to the personal characteristics of each child, by an individual socio-educational project, which pursues the welfare of the child, his physical, psychological, social and educational development under the individualized protection plan that defines the Public Entity.
B) have individual protection plan each child that clearly states the purpose of income, the objectives to be achieved and the deadline for their achievement, in which the preparation of the child shall be provided, both on arrival and to the output of the center.
C) Take all decisions regarding residential care for minors in interest thereof.
D) promote coexistence and the relationship between brothers provided this is in the interest of minors and seek residential stability of minors and the placement takes place preferably in a center located in the province of origin of the child .
E) Encourage the family relationship and cooperation, and is programmed, to effect the necessary resources to enable the return to their family of origin, considering that this is the child's interest.
F) will enhance the comprehensive and inclusive education of children with special consideration to the needs of children with disabilities and ensure their preparation for full life, especially their education and training.
In the case of children under sixteen to eighteen years one of the priority objectives will be preparing for independent living, counseling and job placement.
G) Possess internal rules of operation and coexistence that meets the educational needs and protection, and have picked up a procedure for making complaints and claims.
H) administer the drugs, if any, require minors under prescription and medical supervision, according to the health professional practice. For this purpose a record with the medical history of each of the children will be.
I) periodically review the individual plan of protection in order to assess the adequacy of the residential use of the personal circumstances of the child.
J) potentiate the outputs of minors in weekends and holiday periods with their families of origin or, where this is not possible or appropriate, with alternative families.
K) Promote the standardized integration of minors in services and leisure activities, cultural and educational elapse in the community environment in which they find themselves.
L) develop the necessary coordination mechanisms with specialized social services for monitoring and adjustment of protective measures.
M) Ensure preparation for independent living by promoting participation in decisions affecting them, including their own center management, progressive autonomy and accountability.
N) Establish educational measures and monitoring to ensure the protection of personal data of the child to access to information technology and communication and social networks.
2. All residential care centers that provide services for children in the field of protection must always be enabled administratively by the Public Entity, and must respect the regime enabling the provisions of the Law 20/2013, of December 9, warranty unit market. In addition, there should be standards of quality and accessibility for each type of service.
The Public regulate the operating range of residential care facilities and entered in the corresponding register entities in accordance with its provisions, paying particular attention to safety, health, accessibility for people with disabilities, number, ratio and professional qualifications of their staff, educational project, involving minors in its internal operations and other conditions contributing to ensuring their rights.
In addition, the Public promote models of residential care centers with small child who live in conditions similar to family.
3. In order to encourage the child's life to develop in a family environment, prevail as foster care on residential care for any child, especially for children under six years. residential care will not remember for under three years except in cases of impossibility, duly accredited adopt at that time as foster care or when this measure is not in the best interests of the child. This limitation to arrange residential care will also apply to children under six years in the shortest possible time. In any case, generally, the residential care of these children will not last more than three months.
4. For the purpose of ensuring the protection of the rights of minors, the Public Entity shall perform the inspection and supervision of centers and services twice a year and whenever circumstances so require.
5. In addition, the Prosecutor shall exercise supervision over decisions residential care to be adopted, and inspection of all services and residential care facilities, analyzing, among others, the Education Projects Individualized, the Educational Project and Rules of Procedure.
6. The competent public administration may take appropriate measures to ensure coexistence in the center, acting on those behaviors with educational measures, which may not attempt, in any case, against the dignity of minors. In severe cases of disturbance of coexistence, may limit the outputs of the reception center. These measures must be exercised immediately and proportional to the behavior of children, taking into account the personal circumstances of these, their attitude and the results derived from their behavior.
7. Of those measures imposed by behaviors or attitudes that may be dangerous against coexistence in the residential area, you will notice immediately to parents, guardians or legal representatives of the child and the prosecutor. "
Seventeen. It includes an article 21 bis, which shall read as follows:
"Article 21a. Rights of foster children.
1. The foster child, regardless of the care arrangement in which it is located, shall be entitled:
A) be heard in the terms of Article 9 and, where appropriate, be part of the process of opposition to the measures of protection and reporting in distress in accordance with applicable regulations, and depending on their age and maturity. For it has the right to be informed and notified of all resolutions of formalization and cessation of care.
B) To be recognized beneficiary of the right of free legal assistance when you are in distress.
C) go directly to the Public Entity and be informed of any important fact concerning the placement.
D) Interacting with his family of origin under the visitation, relationship and communication established by the Public Entity.
E) progressively know their socio-family reality and circumstances to facilitate the assumption of the same.
F) To receive enough advance information, services and general support necessary to enforce the rights of children with disabilities.
G) To inform the public prosecutor claims or complaints to consider, about the circumstances of their placement.
H) Receive educational and psychotherapeutic support by the Public Entity to overcome psychosocial disorders of origin, as this applies both in residential care, and foster care.
I) Receive educational and psychotherapeutic support needed.
J) Access your record and release data on its origins and biological relatives, after reaching the age of majority.
2. In cases of foster care, you also have the following rights:
A) To participate fully in family life cozy.
B) Maintain relationship with the host family after cessation of foster care if the Public conviniere understands that his interests and whenever the minor consents if he is mature enough and in any case, if more than twelve years, and the host family of origin or, where appropriate, adoptive or permanent foster care family.
C) To request information or ask for yourself if you had sufficient maturity, the cessation of foster care.
3. In the case of residential care, it has additionally the following rights:
A) Respect privacy and keep your personal belongings provided they are not inappropriate for the educational context.
B) Participate in the development of programming activities and development center thereof.
C) Be heard in case of complaint and be informed of all care systems and claim they have at their disposal, including the right to a hearing in the Public Entity. "
. Article 22a, which shall read as follows is added:
"Article 22a. Preparation programs for independent living.
programs offer preparation for independent life aimed at young people who are under a protective measure, particularly in residential care or particularly vulnerable, two years before his coming of age, once fulfilled this, whenever they need it, with a commitment to active participation and use by them. The programs should promote socio monitoring, housing, socio-employment, psychological support and financial aid. "
. Article 22b, which is added to read as follows:
"Article 22 ter. Information system on the protection of children and adolescents.
The Autonomous Communities and the State Administration establish a system of shared information that allows uniform understanding of the situation of the protection of children and adolescents in Spain, and offering for foster care and adoption, data disaggregated by gender and disability, both for monitoring purposes of the specific measures to protect minors as for statistical purposes. For these purposes the Unified Register of Child Abuse will develop. "
. Article 22c, which is added to read as follows:
'Article 22c. Treatment of personal data.
1. To fulfill the purposes set out in Chapter I of Title II of this law, the competent public authorities may, without the consent, the collection and processing of data which are necessary to assess the situation of the child, including both relating to the same as those relating to their family or social environment.
Professionals, public and private entities and, in general, any person shall supply the Public Administration and background reports on children, their parents, guardians or welcoming, they are required them to be necessary for this purpose , without requiring the consent.
2. The entities to which Article 13 refers can treat without consent of the person concerned the information that is essential to the fulfillment of the obligations under that provision for the sole purpose of putting such information to the attention of the competent public authorities or the Public Prosecutor .
3. The data collected by the Public Administrations may be used solely for the adoption of protective measures provided for in this law, attending in any case to guarantee the interests of the child and may only be communicated to the government that were to adopt the necessary decisions, the public prosecutor and the courts.
4. Data may also be transferred without the consent of the public prosecutor concerned, that will try to exercise the functions set out in this Act and the regulations applicable to them.
5. In any case, the treatment of these data shall be subject to the provisions of Law 15/1999, of December 13, Protection of Personal Data and development provision, which was due the implementation of security measures high level provided for in that legislation. "
Veintiuno. Article 22d, which is added to read as follows:
'Article 22d. Impact of standards in childhood and adolescence.
Memories of regulatory impact analysis to draft laws and draft regulations include the impact of the legislation in childhood and adolescence should accompany. "
Twenty-two. Article 23, which shall read as follows amendments:
"Article 23. Index guardianships.
To exercise the oversight function attributed to the prosecutor in the Civil Code with regard to guardianship assumed by the Public Entity by operation of the law, will be in each Attorney an Index Guardianship of Minors. "
Twenty-three. Article 24 shall read as follows amendments:
"Article 24. Adoption of minors.
National and international adoption shall comply with the provisions of applicable civil legislation. "
second. Amending the Civil Code.
The Civil Code is amended as follows:
One. paragraphs 4, 6 and 7 of Article 9, which are modified to read as follows:
"4. The determination and character of filiation by nature is governed by the law of the habitual residence of the child at the time of establishment of filiation. In the absence of habitual residence of the child, or if this law does not permit the establishment of paternity, the national law of the child at that time will apply. If this law does not permit the establishment of affiliation or if the child's habitual residence and persons without nationality, the Spanish substantive law shall apply. With regard to the establishment of filiation by adoption, it will be as provided in paragraph 5.
The law applicable to the content of filiation, by nature or by adoption, and the exercise of parental responsibility, be determined pursuant to the Hague Convention of 19 October 1996 on the competition with the law applicable, recognition, enforcement and cooperation in respect of parental responsibility and measures for the protection of children. "
'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 older persons will be determined by the law of his habitual residence. In the case of change of residence to another State, the law of the new habitual residence, without prejudice to the recognition in Spain of the protection measures agreed in other States will apply. It shall apply, however, Spanish law to adopt urgent provisional or protective measures.
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 maintenance obligations or legal text that replaces law. "
Two. a paragraph 3 is inserted in Article 19, which shall read as follows:
'3. Notwithstanding paragraph 1, if according to the legal system of the country the adopted child retains his nationality, it will also be recognized in Spain. "
Three. Article 133, which shall read as follows amendments:
1. The action claim wedlock, when missing possession of the respective state, correspond to the child throughout his life.
If the child dies before the expiration of four years of age he is able or will regain sufficient capacity for this purpose, or during the year following the discovery of evidence that demand is melted, its action will correspond to their heirs the time remaining to complete those periods.
2. Also this action may exercise parental affiliation within one year since he had been aware of the facts on which they base their claim.
This action will not be transferable to heirs who can only continue the action that the parent has commenced in life. "
Four. Article 136, which shall read as follows amendments:
1. The husband may bring the action contesting paternity within one year from the registration of the affiliation in the Civil Registry. However, the deadline will not run while the husband ignore birth. Husband died without knowing the birth, the year will be counted from who knows the heir.
2. If the husband, despite knowing the fact of the birth of one who has been registered as his son, was unaware of his lack of biological paternity, calculating the period of one year shall be counted from having such knowledge.
3. If the husband dies before the expiration of the period prescribed in the preceding paragraphs, the action corresponding to each heir by the time remaining to complete that period. "
Five. Article 137, which happens to have the following wording is amended:
1. Paternity may be challenged by the child during the following enrollment of filiation year. If less or having the modified judicial capacity, the term will since reaching the age of majority or will regain sufficient capacity for this purpose.
The exercise of the action in the interests of the child is less or having the modified judicially capacity shall also, during the year following the registration of parentage, the mother holding the parental authority, his representative legal or prosecutor.
2. If the child more than a year despite having passed since the registration from mostly old or the recovery of sufficient capacity for this purpose, unaware of the lack of biological paternity of whom is inscribed as his father, calculating the period of one year shall be counted from having such knowledge.
3. When the child dies before the expiration of the period established in the preceding paragraphs, the action will correspond to their heirs for the time remaining to complete those periods.
4. Missing in family relationships possession of state of wedlock, the application may be filed at any time by the child or his heirs. "
Six. Article 138, which happens to have the following wording is amended:
The recognition and other legal acts determined according to the law a marriage or wedlock may be challenged by vice of consent in accordance with Article 141. The challenge paternity for other reasons will abide by the rules set in this section. "
Seven. the final paragraph of Article 140, which will be modified as follows:
"The children will in any case action for a year after reaching the age of majority or regain sufficient capacity for this purpose."
Eight. Article 154, which shall read as follows amendments:
The unemancipated children are under the custody of the parents.
The parental control and parental responsibility, it shall always be exercised in the interest of the children, according to their personality, and respect for their rights, their physical and mental integrity.
This function includes the following duties and powers:
ensure them keep company, feed them, educate them and provide them with a comprehensive training.
represent them and manage their assets.
If the children are mature enough tuvieren must always be heard before decisions affecting them.
Parents may, in the exercise of its function, seek the assistance of the authority. "
Nine. 4th number is changed, the numbers are added 5th and 6th and the last paragraph of Article 158, which are modified to read as follows:
"4.º The refusal to parents, guardians, other relatives or third parties to approach the lower and closer to home or school and other places you frequent, with respect for the principle of proportionality.
5th The refusal of communication with the child, to prevent parents, guardians, other relatives or third parties establish written, verbal or visual contact by any media or computer or telematic means, with respect the principle of proportionality.
6th Overall, the other provisions it deems appropriate, to turn away the child from danger or prevent harm in their home environment or against third parties. It shall be declared by the judge that the child can be heard best to safeguard their interests conditions.
If possible abandonment of the child, the court shall forward the measures to the Public Entity.
All these measures can be adopted in any civil or criminal proceeding or in a voluntary jurisdiction record. "
Ten. Article 160, which shall read as follows amendments:
1. Minor children entitled to communicate with their parents even if they do not exercise parental authority, unless otherwise provided by the court or by the Public Entity in cases provided for in Article 161. In case of deprivation of liberty of parents and provided that the interests of the child recommended visits to those, the administration should facilitate the transfer accompanied the child to the prison, either by a family member designated by the competent authority or by a professional to ensure the preparation of the child to such visit. Also visiting a prison should be done outside of school hours and in a suitable environment for the child.
The children adopted by someone else, they can only relate to their family of origin under the terms provided in Article 178.4.
2. Not be prevented without just cause minor personal relationships with siblings, grandparents and other relatives and friends.
In case of opposition, the judge, at the request of the child, siblings, grandparents, relatives or friends, solve the circumstances. Especially should ensure that measures that can be set to favor the relationships between siblings and between grandparents and grandchildren, not empower the infringement of judgments that restrict or suspend relations of children with one of their parents. "
Once. Article 161, which shall read as follows amendments:
The Public Entity to which, in the respective territory, is entrusted with the protection of minors regulate the visits and communications that correspond to the parents, grandparents, siblings and other relatives and friends regarding children in distress, may motivadamente agree, in the interests of the minor, temporary suspension of the same after hearing those affected and the child if he is mature enough and in any case, if more than twelve years, with immediate notification to the prosecutor. To this end, the Director of the residential care center or foster family or other professionals involved agents or inform the Public Entity of any evidence of the harmful effects of these visits on the child.
The youngest, those affected and the public prosecutor may oppose such administrative determinations under the Civil Procedure Act. "
Twelve. drafting the first point of Article 162 is amended as follows:
"Parents who hold parental authority have the legal representation of their unemancipated minor children.
1st Acts concerning the rights of the child's personality, according to his maturity, can exercise itself.
However, parental responsibility intervene in these cases by virtue of their duties of care and assistance.
2nd Those that conflict of interest between parents and child.
3. Those relating to goods that are excluded from the management of the parent.
To enter into contracts requiring the child to perform personal services prior consent of the latter is required if he has sufficient judgment, without prejudice to Article 158. "
Thirteen. Article 172, which shall read as follows amendments:
1. When the Public Entity to which, in the respective territory, the protection of minors is entrusted aware that a child is in distress, it is of law custody thereof and shall take necessary protective measures for his guardian, giving notice of the prosecution and, where appropriate, the judge agreed to ordinary guardianship. The administrative judgment declaring a helpless situation and the measures taken shall be notified in legal form the parents or guardians and the child concerned if he is mature enough and in any case, if he is older than twelve years immediately without exceeding the maximum period of forty-eight hours. The information shall be clear, understandable and accessible format, including the causes that led to the intervention of the Administration and the effects of the decision, and in the case of minors, adapted to their maturity. Whenever possible, especially in the case of minors, this information will be provided in person.
It is considered as helpless situation which in fact occurs because of the failure or the impossible or inadequate exercise of the duties of protection established by the law for the custody of children when they are deprived of the necessary moral support or material.
The assumption of guardianship attributed to the Public entails the suspension of parental authority or ordinary guardianship. However, shall be valid acts of financial content that parents or guardians made on behalf of the child and are in best interests.
The Public Prosecutor and may promote, where appropriate, deprivation of parental authority and the removal of guardianship.
2. During the period of two years from the notification of the administrative decision that the situation of helplessness is declared, the parents continue flaunting parental authority but have suspended pursuant to the provisions of paragraph 1 or guardians, as the same paragraph, have suspended guardianship may apply to the Public Entity to cease the suspension and remains revoked the declaration of state of helplessness of the child, if, by change of circumstances that motivated it, understand that they are able to take again parental authority or guardianship.
Also during the same period may oppose the decisions taken regarding the protection of minors.
After this time decay the right of parents or guardians to request or oppose the decisions or measures taken for the protection of minors. However, they may provide information to the Public Prosecutor and the Ministry of any change in the circumstances that led to the declaration of state of helplessness.
In any case, after two years, only the prosecutor is entitled to oppose the decision of the Public Entity.
During that within two years, the Public Entity, assessing the situation and put it on the Public Prosecutor, may take any protective measures, including the proposed adoption, where a definitive prognosis founded inability to return to family of origin.
3. Public Entity, ex officio or at the request of the prosecutor or interested person or entity, may revoke the declaration of abandonment situation and decide on the return of the child with his family, provided it is understood that is most appropriate for your interest. Such decision shall be notified to the Department.
4. In compliance with the obligation to provide immediate attention, the public body may take provisional custody of a minor by administrative decision, and inform the prosecution, proceeding simultaneously practicing precise to identify the minor errands, investigate their circumstances and find , where appropriate, the actual situation of helplessness.
Such proceedings will be conducted in the shortest possible time, during which shall be based, where appropriate, the declaration of the situation of helplessness and subsequent assumption of guardianship or the promotion of the protection measure from. If there are people who, for their relations with the child or other circumstances, might assume guardianship in the interests of the latter, the appointment of a guardian under the ordinary rules will be promoted.
When the prescribed period has elapsed and had not been formalized guardianship or adopted another resolution, the prosecution will promote the appropriate actions to ensure the adoption of the most appropriate measure of the child by the Public Protection.
5. The Public Entity shall cease on the protection that holds on minors declared in distress if it finds, through the reports, the disappearance of the reasons for his assumption by any of the cases under Articles 276 and 277.1, and when reliably verify 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 given a judgment on declaration of state of helplessness and assumed their guardianship or associated protective measure or sees fit is no longer necessary to take protective measures on the basis of the child's situation.
C) six months have elapsed since the child voluntarily left the protection center, being missing.
The temporary custody shall cease for the same reasons that protection. "
Catorce. Article 172a, which is worded as follows included:
1. When parents or guardians, by duly accredited serious and transitory circumstances, can not care for the child, they may request the Public Entity that it assumes its guard as long as necessary, which may not exceed two years as a maximum period of temporary care of the child unless the interests of the child advice, exceptionally, the extension of the measures. After the deadline or extension, if necessary, the child must return to their parents or guardians or, if appropriate for that circumstances are given, be declared legal situation of helplessness.
The voluntary surrender of custody shall be in writing noting that parents or guardians have been informed of the responsibilities still maintain respect the child as well as the way in which said guard will be exercised by the Public Entity ensuring, in particular children with disabilities, the continuity of specialized support to come receiving or adopting more suitable to your needs.
The administrative decision on the assumption of custody by the Public Entity and any subsequent change in its form of exercise, will be substantiated and communicated to parents or guardians and the public prosecutor.
2. Also, it takes the Public Guardian when agreed by the judge in cases where legally appropriate, adopting associated protective measure. "
. Article 172b, with the following wording:
1. The guard is made through foster care and it not being possible or desirable for the child's interest by residential care. Foster care will be held by the person or persons identified by the Public Entity. Residential care by the Director or manager of the center where the child is welcomed shall be exercised in accordance with the terms established in the legislation to protect minors.
May not be welcoming those who can not be guardians in accordance with the provisions of the law.
The resolution of the Public Entity in which formalized in writing as far keeps parents or guardians were not deprived of parental authority or guardianship, as well as the public prosecutor shall be notified.
2. the child's interest will always look and be prioritized when it is not contrary to that interest, their reintegration into the family and the guardian of the brothers is entrusted to a single institution or person to remain united. The situation of children in relation to their family of origin, both in terms of its stores as the visitation and other forms of communication, will be reviewed at least every six months.
3. The Public Entity may decide, in connection with the child in family or residential care, as appropriate to their interest, stays, departures on weekends or holiday families or institutions dedicated to these functions. To this end only to persons or institutions appropriate to the child's needs will be selected. Such measures must be agreed once the child has been heard if he is mature enough and in any case, if more than twelve years.
The delegation guard for stays, weekend outings or vacation contain the terms thereof and the information that is necessary to ensure the welfare of the child, particularly all restrictive measures as established by the Public Entity or Judge. This measure will be communicated to the parents or guardian, provided they have not been deprived of the exercise of parental authority or removed from the exercise of guardianship, as well as welcoming. data from these keepers are preserved when convenient for the interests of children or just cause.
4. In cases of declaration of state of helplessness or taking custody by administrative or judicial decision, may be established by the Public Entity the amount to be paid by parents or guardians to contribute food concept and depending on their capabilities, to the costs of care and child care, as well as derivatives of civil liability that may be attributed to the minors for acts performed by them. "
Sixteen. Article 173, which shall read as follows amendments:
1. Foster care produces the full participation of the child in family life and imposes on the recipient's obligations to ensure it, have it in your company, feed, educate and procure a comprehensive education in a caring environment. In the case of child with a disability, you should continue with specialized support to come receiving or adopting more suited to their needs.
2. The placement require the consent of the cozy and foster child if I had enough maturity and, in any case, if more than twelve years.
3. If serious problems of coexistence between the child and the person who shall have been committed the keeping in foster care, that one, the cozy, the prosecutor, the parents or guardian were not deprived of parental authority or guardianship or any interested person may apply to the Public guardian removal.
4. Foster care of the child shall cease:
A) judicial decision.
B) Upon the Public Entity, ex officio or proposal of the Prosecutor, the parents, guardians or the minor welcoming if I had enough maturity, when deemed necessary to protect the interest thereof, cozy ears the child, the parents or guardian.
C) By death or declaration of death of the child friendly or welcoming.
D) coming of age of the child.
5. All performances of formalization and cessation of foster care must be practiced with the reservation. "
Seventeen. Article 173a, which is worded as follows amendments:
1. Foster care may take place in the child's extended family own family or others, and in the latter case be specialized.
2. Foster care may take the following forms according to their duration and objectives:
A) Foster care emergency, especially for children under six years, which will last no more than six months, while the extent appropriate family protection is decided.
B) temporary foster care, that will be temporary, either because of the child's situation reintegrating it in his own family is expected, or as a protective measure is adopted that magazine a more stable character like permanent foster care or adoption. This placement will have a maximum duration of two years, unless the interests of the child advises the extension of the measure predictable and immediate family reintegration, or the adoption of another measure of ultimate protection.
C) permanent foster care, which will be well at the end of two years of temporary care for the family is not possible, either directly reintegration in cases of children with special needs or where the circumstances of the child and family so warrant. The Public Entity may request the judge attributed to the permanent welcoming those powers of guardianship to facilitate the discharge of their responsibilities, taking into account, in any case, the best interests of the child. "
. Article 174, which shall read as follows amendments:
1. It is for the Prosecutor's superior surveillance of guardianship, custody or foster care of children referred to in this section.
2. To this end, the Public Entity will give immediate notice of new admissions of minors and shall forward a copy of the administrative decisions formalizing the constitution, variation and cessation of guardianship, guardians and foster care. Also it will give account of any developments of interest in the circumstances of the child.
The prosecution must prove at least twice a year, the child's situation and promote before the Public Entity or the judge, as appropriate protective measures it deems necessary.
3. Monitoring of Public Prosecutions shall not exempt the Public Entity of its responsibility to the child and their obligation to inform the Public Prosecutor anomalies observed.
4. To fulfill the role of higher supervision of guardianship, custody or foster care of minors, where necessary, the prosecution may seek the reporting by the relevant services of the competent public authorities.
For this purpose, the corresponding services of the competent public authorities meet the requests of information submitted by the prosecution in the course of investigations aimed at determining the risk or helplessness in which a child could be. "| || Nineteen
. Article 175, which shall read as follows amendments:
1. The adoption requires the adopter is greater than twenty-five years. If two adopters enough that one has reached that age. In any case, the age difference between adopter and adopted shall be at least sixteen and may not exceed forty-five years, except in cases provided in Article 176.2. When they were two adopters, it is sufficient that one of them does not have the maximum age difference with adopting. If the prospective adoptive parents are willing to adopt sibling groups or children with special needs, the maximum age difference may be higher.
Adopter can not be those who can not be guardians in accordance with the provisions of this code.
2. They may only be adopted unemancipated minors. As an exception, it will be possible to adopt an adult or an emancipated minor when, immediately before emancipation, having existed a situation of foster care with the prospective adoptive parents or stable coexistence with them at least one year.
3. can not be adopted:
2nd A relative in the second degree of collateral consanguinity or affinity.
3.º a pupil by his guardian until it has been fully approved the general account of the guardianship justified.
4. No one may be adopted by more than one person, unless the decision is made jointly or successively by both spouses or a couple united by similar relationship to marriage. The marriage concluded after the adoption allow the spouse to adopt the children of his consort. This provision shall also apply to couples that are formed later. In case of death of the adopter, or a new adoption of the adoptee if the adopter suffer exclusion provided for in Article 179, be possible.
5. In case the adoptee were in permanent foster care or custody for adoption of two spouses or a couple united by similar relationship to marriage, separation or legal divorce or relationship breakdown thereof that bona fide evidence prior to the proposed adoption will not prevent to promote joint always adoption as effective coexistence of adopting both spouses or bound by an analogous relationship of nature similar to marriage for at least two years prior to partner attesting proposed adoption. "
. Article 176, which shall read as follows amendments:
1. Adoption is constituted by a court decision, which will consider adopting always the interest and suitability of the adopter or adopters for the exercise of parental authority.
2. To start the adoption file a proposal from the Public Entity for the adopter or adopters that such public entity declared suitable for the exercise of parental authority is necessary. The declaration of eligibility must be prior to the proposal.
However, such a proposal is not required when the adopting either of the following circumstances:
Being fatherless and relative of the adopter third degree of consanguinity or affinity.
Being a child of the spouse or the person attached to the adopter similar relationship to marriage.
3rd Carrying more than a year in custody for adoption or have been under guardianship adopter the same time.
4th Be of age or emancipated minor.
3. Adequacy means the ability, aptitude and motivation to exercise appropriate parental responsibility, meeting the needs of children to adopt, and to take the peculiarities, consequences and responsibilities associated with adoption.
The declaration of suitability by the Public Entity will require a psychosocial assessment of the personal, family, social and relational adopters, as well as their ability to establish stable and secure links, their educational skills and their ability to serve a lower depending on your unique circumstances. This declaration of suitability be formalized by the corresponding resolution.
They may not be declared suitable for adoption who are deprived of parental authority or have suspended their exercise, or who have entrusted the care of his son to the Public Entity.
People offered for adoption should attend information and training sessions organized by the Public Entity or authorized partner.
4. When any of the circumstances 1st, 2nd or 3rd referred to in paragraph 2 may be constituted adoption, although the adopter has died, if he had already given his consent before the judge or the same it had been granted by public document or will. The effects of the judgment in this case is retroactive to the date of delivery of such consent. "
Veintiuno. Article 176a is added to read as follows:
1. The Public Entity may delegate the custody of a declared in distress in people, bringing the capacity requirements to adopt under Article 175 and having consented minor, have been prepared, declared suitable and assigned for adoption. To this end, the Public Entity prior to the submission of the proposed adoption, delegate custody for adoption until the judicial adoption decision is made, by administrative decision duly motivated after hearing those affected and the child if he is mature enough and in any case, if he is older than twelve years, the parents or private tutors of parental authority or guardianship be notified.
Carers for adoption have the same rights and obligations as welcoming family.
2. Unless agreed otherwise in the best interests of the child, the public entity shall suspend visitation and relations with the family of origin when the period of pre-adoptive coexistence starts in the previous paragraph refers to, except in cases provided for in the Article 178.4.
3. The proposal to adopt the judge will have to be done as soon as possible and in any event within three months from the day on which the delegation had agreed guard for adoption. However, when the Public deemed necessary, depending on the age and circumstances of the child, establish a period of adaptation of the child to the family, that within three months may be extended up to one year.
In the event that the court does not consider it appropriate that adoption, the public entity shall determine the most appropriate protective measure for the child. "
Twenty-two. Article 177, which shall read as follows amendments:
1. They must consent to the adoption, in the presence of the judge, the adopter or adopters and the adoptee over twelve years.
2. They must agree to the adoption:
1st spouse or person linked to adopter similar relationship to marriage except with legal separation or divorce or breakup of the couple who irrefutably record, except in cases where the adoption is to formalize together.
2nd Parents of adopting finds that unemancipated, unless they were deprived of parental rights by a final judgment or incur legal grounds for such deprivation. This situation can only be seen in the full hearing which dealt with under the Civil Procedure Act.
Assent is not required when those who should provide it are unable to do so, it will be appreciated impossibility reasoned in the judgment to constitute adoption.
Neither the consent of the parents tuvieren parental authority suspended when two years had elapsed since the notification of the declaration of state of helplessness, under the terms provided in Article 172.2, no opposition to it or when it will be necessary, filed on time, it would have been dismissed.
The consent of the mother may not be paid until six weeks have passed since childbirth.
In adoptions requiring prior proposal will not be admitted to the consent of the parents refer to certain adopters.
3. They must be heard by the judge:
Parents who have not been deprived of parental authority when assent was not necessary for adoption.
The tutor and, where appropriate, family friendly, and the guardian or guardians.
3.º taken under twelve years according to their age and maturity.
4. Consents and freely assents should be granted, in the required legal form and in writing, prior information of its consequences. "
Twenty-three. Article 178, which shall read as follows amendments:
1. The adoption produces the extinction of the legal ties between the adoptee and his family of origin.
2. By exception they survive legal ties with the family of the parent, as the case may concern:
A) When the adoptee is the spouse or child of the person attached to the adopter similar relationship to marriage, even if the spouse or partner has died.
B) When only one parent has been legally determined, whenever such effect would have been requested by the adopter, the adopted child of twelve years and the parent whose bond has to persist.
3. The provisions of the preceding paragraphs shall be without prejudice to the provisions on matrimonial impediments.
4. When the child's interest so requires, because of their family situation, age or any other significant circumstances appreciated by the public entity, it may be decided to maintain some form of relationship or contact through visits or communications between the child, the members of the family of origin to be considered and adopted, favoring especially, whenever possible, the relationship between biological brothers.
In these cases the judge to grant an adoption, may decide to maintain this relationship, determining their frequency, duration and conditions, on a proposal from the Public Prosecutor or with the consent of the adoptive family and adopting if I had enough maturity and always if it be over twelve years. In any case, you will be heard the adoptee under twelve years according to their age and maturity. If necessary, this relationship will be held with the mediation of the public entity or entities accredited for this purpose. The judge may also agree to modify or end in the best interests of the child. The Public forwarded to Judge newspapers reports on the development of visits and communications, as well as proposals for maintenance or modification thereof during the first two years, and after this at the request of the judge.
Are entitled to request the suspension or removal of such visits or communications Public Entity, the adoptive family, the family of origin and the child if he is mature enough and in any case, if he is older than twelve years.
The declaration of suitability shall state whether people offered to accept adoption adopt a child that was to maintain the relationship with the family of origin. "
Twenty-four. paragraphs 2 and 5 are amended and paragraph 6 is introduced in Article 180, which are worded as follows:
'2. The judge agreed the termination of the adoption at the request of either parent, without his fault, have not spoken on the record in the terms expressed in Article 177. It will also be necessary for the application is made within the next two years adoption and requested that extinction does not seriously harm the child.
If the adopted child is of age, the extinction of the adoption will require your express consent. "
"5. Public Entities ensure the conservation of the information available concerning the origins of the child, including information about the identity of their parents and the medical history of the child and his family, and be kept for at least fifty years after the time when the adoption becomes final. Conservation will be held for the sole purpose of the adopted person can exercise the right to the next paragraph.
6. Adoptees, reached the age of majority or during minority through their legal representatives, they shall be entitled to release data on their biological origins. Public Entities, prior notification to the affected people, delivered through their specialized services advice and help they may need to enforce this right.
For this purpose, any private or public entity has an obligation to provide public entities and the public prosecutor, when they are required, reports and background information necessary about the child and his family of origin. "
. Article 216, to which is added the following paragraph is amended:
"If it were minors under the supervision of the Public Entity, these measures can only be agreed ex officio or its request, the prosecutor or the minor. Public Entity will be party to the proceedings and the agreed measures will be communicated to the Public Entity, which shall transmit the communication to the Director of the residential center or foster family. "
Twenty-six. Article 239, which shall read as follows amendments:
1. The protection of minors who are in distress shall by operation of law to the Public Entity.
2. However, there will be the appointment of a guardian under the ordinary rules when there are people who, for their relations with the child or other circumstances, can assume guardianship best interests.
In these cases, prior to the judicial appointment of ordinary tutor or in the same resolution, to be agreed suspension or deprivation of parental or guardian removal, if any country.
3. They will be entitled to exercise the actions of deprivation of parental rights, removal of the guardian and the request for appointment of a guardian of children in distress, the prosecution, the Public Entity and called the exercise of guardianship. "
Veintisiete. Article 239 bis, which shall read as follows is added:
"Article 239 bis.
The Public Entity to which the respective territory protection and support of people with the modified judicial capacity is entrusted, will be appointed as guardian when there has been constituted for the protection of any person under Article 234. | ||
Also it assumed for operation of the law the protection of persons with judicially modified when they are in distress, and must give account to the judicial authority amended its ability capacity.
It is considered as a situation of helplessness to this effect, which occurs in fact when the person judicially modified capacity is deprived of the necessary assistance because of failure or the impossible or inadequate exercise of the duties incumbent upon the person appointed to act as guardian, in accordance with the laws, or lack of tutor. "
Twenty-eight. Article 303, which shall read as follows amendments:
1. Without prejudice to the provisions of Article 228, when the judicial authority is aware of the existence of a de facto guardian you may require you to report the situation of the person and property of the child, or the person who may require a institution for the protection and support, and its performance in relation thereto and may also establish control measures and surveillance as appropriate.
Precautionary measure, while the guard situation is maintained and indeed until the measure constitutes adequate protection, if necessary, they may be judicially tutelary powers to grant keepers. Similarly, if minor, it may be a temporary foster care, being welcoming keepers.
2. It shall the declaration of state of neglect of minors and persons with modified judicially in care actually capacity when, in addition to this circumstance, budgets objectives of nonattendance referred to in Articles 172 and 239 bis den .
In other cases, the de facto guardian may promote deprivation or termination of parental rights, removal of guardianship or appointment of a guardian homeland. "
Veintinueve. Article 1263, which is worded as follows amendments:
They can not give consent:
The unemancipated minors, except in those contracts that laws allow them to do by themselves or with the assistance of their representatives, and those relating to goods and services of own ordinary life of age in accordance with the social uses.
2. Those who have legally amended, under the terms stated by the court ruling capacity. "
. Article 1264, which is worded as follows amendments:
The provisions of the preceding article is without prejudice to the legal or special capacity requirements that laws may establish prohibitions. "
third. Amendment of Law 54/2007 of 28 December on Intercountry Adoption.
Law 54/2007 of 28 December on Intercountry Adoption is amended as follows:
One. Article 1, which shall read as follows amendments:
"Article 1. Purpose and scope of the law.
1. This law regulates the intervention of the Central Government, Public Entities and accredited international adoption agencies, capacity and requirements to be met by people offering to adopt, and the rules of private international law concerning adoption and other measures of international child protection in cases where there is a foreign element.
2. For the purposes of Title I of this law it means international adoption one in which a minor considered adoptable by the competent foreign authority and habitual residence abroad, is or will be moved to Spain by adopters habitually resident in Spain either after its adoption in the State of origin or in order to constitute such an adoption in Spain. "
Two. the second paragraph of Article 2, which reads as follows amendments:
'2. The purpose of this law is to protect the rights of minors will be adopted, considering also the people who are offered for adoption and others involved in the process of international adoption. "
Three. Article 3, which shall read as follows amendments:
"Article 3. Principles informers.
The regulation contained in this law, as well as other rules of Spanish law concerning adoption and other measures of international child protection, respect the underlying principles of the Convention on the Rights of the Child of November 20 1989 Convention of the Hague, of 29 May 1993 on the protection of rights of children and cooperation in respect of Intercountry adoption, the Convention of the Hague of October 19, 1996, on jurisdiction , applicable law, recognition, enforcement and cooperation in respect of parental responsibility and measures for the protection of children, the Convention of the Council of Europe on child adoption in Strasbourg on November 27, 2008, and Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and parental responsibility.
The State, to the extent possible, include the standards and safeguards provided therein with bilateral agreements or conventions on international adoption and child protection non-contracting subscribed with or bound by such States. "
Four. Article 4, which shall read is amended as follows:
"Article 4. Foreign Policy.
1. The Central Government, in collaboration with Public Entities will determine the initiation of processing adoptions each country of origin of minors, as well as the suspension or cessation of it.
2. No offers to the adoption of nationals of another country or habitually resident in another State in the following circumstances shall be processed under:
A) When the country in which the child is habitually resident adopting it is in war or conflict immersed in a natural disaster.
B) If the country does not exist in a specific authority to monitor and ensure the adoption and referral to the Spanish authorities the proposed allocation information on the adoptability of the child and the rest of the information contained in paragraph e) Article 5.1.
C) Where in the country suitable for adoption and practices and procedures it does not respect the interests of children or do not meet international ethical and legal principles referred to in Article 3 guarantees not give
3. The Central Government, in collaboration with Public Entities will determine at all times what countries are involved in any of the circumstances described in the previous section in order to decide 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 because of holidays, studies or medical treatment, require that such stays are complete and in their country of origin have been declared adoptable .
5. The Central Government, in collaboration with public entities, establish the number of cases of international adoption forward annually to each country of origin of minors, taking into account the average of adoptions constituted in the last two years and the number of records that are pending assignment of a minor.
To this end, can not be dealt with each country a higher number of cases to three times the average of adoptions constituted in that period, unless changes in legislation, practices and policies on international adoption in countries of origin warrant .
This issue will be fixed according to the information available on expectations that country adoption In the event started processing a new country.
The distribution of the maximum number between regions and accredited bodies shall be determined by agreement with Public Entities.
Not any quota be established for the processing of adoptions of children with special needs, unless there are circumstances that justify it.
The provisions of this paragraph will be made with the criteria and the procedure prescribed by regulation.
6. The General State Administration before determining the initiation, suspension or cessation of processing adoptions each country of origin of minors, gather information from accredited bodies, if any. You can also gather information from those third countries which have started, suspended or halted the processing of adoptions with that country and with the Permanent Bureau of the Hague Conference on Private International Law. "
Five. the heading of Chapter II of Title I, which happens to have the following wording is amended:
Public entities and accredited bodies "
Six. Article 5, which shall read is amended as follows:
"Article 5. Intervention of Public Entities.
1. On international adoption it corresponds 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, by ensuring that information is as complete, accurate and up to date and free access for families interested and accredited bodies.
B) Provide the necessary training families throughout the entire process that enables them to understand and deal with the implications of international adoption, preparing for the proper exercise of their parental responsibilities once constituted it. They may delegate this function to accredited bodies or institutions or entities duly authorized.
C) Receive the offers for adoption in any case, and its processing, either directly or through accredited bodies.
D) Issue, in any case, certificates of fitness, prior preparation, either directly or through duly authorized institutions or, psychosocial report people offered to adopt entities, and, when required by the country source of adopting, commitment tracking.
E) To receive allocation under the competent authorities of the country of origin that contained information about their identity, adoptability, their social and family environment, medical history and needs; as well as information concerning the granting of consents of persons, institutions and authorities required by the law of the country of origin.
F) Give the conformity of the adequacy of the characteristics of the child assigned by the competent authority of the country of origin with that shown in psychosocial report accompanying the certificate of suitability.
G) Provide throughout the international adoption process of technical support aimed at minors and persons offered for adoption, paying particular attention to people who will adopt or have adopted children with special needs or characteristics. During the stay abroad adopters may have the cooperation of the Foreign Service.
H) Conduct the monitoring reports required by the country of origin of the child, which may be entrusted to accredited bodies or other authorized entities.
I) Establish qualified post-adoption support and mediation in the search for origins, for the proper care of adoptees and adoptive resources which may be entrusted to accredited bodies or authorized entities.
J) To inform mandatorily to the General State Administration on accreditation of agencies, as well as monitor, inspect and develop guidelines for monitoring bodies have their seat in its territory for activities to be carried intermediation out in its territory.
2. In its proceedings on international adoption, Public Entities promote measures to achieve maximum coordination and collaboration. In particular, they will seek the homogenization of procedures, time and costs.
3. Public Entities shall provide the General State Administration statistical information on the processing of applications for international adoption. "
Seven. Article 6, which shall read as follows amendments:
"Article 6. intermediation activity in intercountry adoption.
1. It means brokering international adoption any activity intended to intervene by contacting or in relation to people who are offered for adoption with the authorities, organizations and institutions of the country of origin or residence of the child likely to be adopted and provide sufficient assistance for adoption can be carried out.
2. The role of mediation in international adoption may be made by public entities directly with the central authorities in the countries of origin of minors who have ratified the Hague, of 29 May 1993 on the Protection of Children and cooperation in international adoption, provided that the administrative phase in the country of origin is not involved natural or legal person or body that has been accredited not properly.
Intermediation function in intercountry adoption may be made by duly accredited bodies.
No other person or entity may intervene in intermediary functions for international adoptions.
However, the Central Government, in collaboration with Public Entities may provide that, with respect to a particular State, only offers of international adoption are dealt with through accredited or authorized by the authorities of both States agencies .
3. The functions that accredited for intermediation agencies must perform are as follows:
A) Informing interested in international adoption.
B) advice, training and support for people offered to adopt the meaning and implications of the adoption in the relevant cultural aspects and procedures that must necessarily be carried out in Spain and in the countries of origin minors.
C) Intervention in processing adoption cases to the competent authorities both Spanish and foreign.
D) Intervention in processing and implementing the necessary arrangements for compliance with the obligations postadoptivas for adopting the legislation of the country of origin of the adopted child, to be assigned to them under the terms established by the Spanish Public Entity where the family is offered for adoption resides.
4. Accredited bodies intervene in the terms and conditions set forth in this law and the rules of the autonomous communities.
5. Accredited bodies may establish cooperation agreements between them to solve supervening or a better fulfill its purpose situations.
6. In international adoptions never various financial benefits of those who were strictly accurate to cover necessary expenses of intermediation and approved by the General Administration of the State and Public Entities may occur. "
Eight. Article 7, which shall read as follows amendments:
'Article 7. Accreditation, monitoring and control of accredited bodies.
1. They may only be accredited for international adoption agencies, non-profit registered in the corresponding register, which are designed in their statutes the protection of minors, disposal in the national territory of the material and multidisciplinary teams necessary for the development of the functions entrusted and are directed and managed by persons qualified by their moral integrity, their training and their experience in the field of international adoption.
2. It will be for the General State Administration, in the terms and the procedure established by regulation, accreditation of the above-referenced bodies on the report of the Public Entity in whose territory their headquarters as well as control and monitoring regarding brokering activities are to develop in the country of origin of minors.
The General State Administration will be a specific national public register of accredited bodies, whose operation will be subject to regulatory development.
3. Control, inspection and monitoring of these agencies on the activities that will be developed in the territory of each region shall be the competent public entity in each, in accordance with applicable regional regulations.
The competent Public Entities seek the greatest possible homogeneity in the basic requirements for conducting that activity control, inspection and monitoring.
4. Accredited bodies designate the person who will act as your representative and families to the authority of the country of origin of the child. Professionals employed by accredited in the countries of origin of the smaller agencies are considered attached to the body, which is responsible for the acts of these professionals in the exercise of their functions intermediation staff. These professionals should be evaluated by the General State Administration, prior information of public entities.
5. In the event that the foreign country for which provides for the authorization to set a limited number of accredited bodies, the General State Administration, in collaboration with the public and with the authorities of that country, determine which agencies should are be authorized to act on it.
If a country of less susceptible adoption establish a limit on the number of files to process for each accredited body and it should appear that any of them did not have records allocated quota to process in that country, they may be processed, prior authorization from the General Administration in collaboration with the Public Entities and with the consent of the people who are offered for adoption records were being processed by other accredited bodies.
6. The Central Government, in collaboration with the Autonomous Communities may establish a maximum number of accredited intermediary in a particular country, depending on the needs of international adoption in that country agencies, constituted adoptions or other issues forecast international adoption possibilities in it.
7. The General Administration of State, on its own initiative or at the proposal of Public Entities in their territory, may suspend or withdraw by contradictory record, the accreditation granted to those organizations which cease to fulfill the conditions for granting them or infringing on their action the law. This suspension or withdrawal of accreditation may take place in general for all authorized or to any particular country only countries. In these cases can be determined, where appropriate, the necessary completion of the pending order by the accredited body enabling loss records.
8. For monitoring and control of accredited bodies appropriate coordination of the General State Administration with public entities will be established.
9. Accredited bodies provide the General State Administration statistical information on the processing of international adoption records.
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, the terms and the procedure established by regulation. "
Nine. Article 8, which shall read as follows amendments:
"Article 8. Relationship of people offered to adopt and accredited bodies.
1. People offered for adoption may engage the services of intermediation of any organism that is accredited by the General State Administration.
2. The body and people offered to adopt formalized a contract referred exclusively to the functions which it assumes intermediary regarding the processing of offering adoption.
The basic model contract must be previously approved by the General State Administration and Public Entities, in the way it determined by regulation.
3. For exclusive fulfillment of the tasks set out in Articles 5.1.j) and 7.2, the General Administration of the State and Public Entities shall keep records of complaints and incidents on international adoption process, the operation will be subject to regulatory development.
4. Accredited agencies must keep a single register of adoption procedures which shall contain all those who are offered for adoption for which proceedings have signed a contract, irrespective of the autonomous community of residence. "
Ten. Article 9, which shall read 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 will be coordinated in accordance with the provisions of the Hague Convention of 29 May 1993 on the Protection of Children and Cooperation in Respect international adoption, although not part of it. "
Once. Article 10, which shall read as follows amendments:
"Article 10. Adequacy of adopters.
1. Adequacy means the ability, aptitude and motivation to exercise appropriate parental responsibility, meeting the needs of children to adopt, and to take the peculiarities, consequences and responsibilities associated with adoption.
2. To that end, the declaration of suitability require a psychosocial assessment of the personal, family and relational situation of persons offered for adoption, ability to establish stable and secure links, their educational skills and their ability to care for a child depending on their particular circumstances, as well as any other useful element related to the uniqueness of international adoption. Also, psychosocial assessment that it must listen to the children of those offered for adoption in accordance with the provisions of Article 9 of the Organic Law 1/1996 of 15 January, Legal Protection of Minors, modification part of the Civil code and the Civil Procedure Act.
Public Entities seek the necessary coordination in order to align the criteria for suitability assessment.
3. The declaration of suitability and involving the same psychosocial reports will have a maximum term of three years from the date of issue by the Public Entity, provided that no significant changes occur in the personal and family situation of people who volunteer to decision that gave rise to that declaration, subject to the conditions and limitations established, where appropriate, in regional legislation applicable in each case.
4. Public Entities corresponds to the statement of suitability of persons offered for adoption from the psychosocial assessment to which paragraph 2, which shall be subject to the conditions, requirements and limitations set out in the relevant legislation is concerned.
5. People offered for adoption may be assessed and, if appropriate, be declared simultaneously suitable for domestic adoption and international adoption, being compatible processing its offer to the two areas. "
Twelve. Article 11, which shall read as follows amendments:
"Article 11. Obligations and pre-adoptive postadoptivas adopters.
1. People offered for adoption should attend information and training sessions organized by the Public Entity or the accredited prior and compulsory application of the declaration of eligibility character body.
2. Adopters must provide, in the time provided, information, documentation and interviews that the Public Entity accredited body or entity authorized require for the preparation of reports of post-adoption follow-up required by the public entity or by the competent authority of the country of origin . The non-cooperation of adopters at this stage may lead to administrative sanctions foreseen in the regional legislation and may be considered because of unsuitability in a subsequent process of adoption.
3. Adopters shall meet on schedule the post adoptive procedures established by the legislation of the country of origin of the adopted child, receiving for this support and accurate advice by public entities and accredited bodies. "
Thirteen. Article 12, which shall read as follows amendments:
"Article 12. Right to know the biological origins.
Adoptees, reached the age of majority or during minority through their legal representatives, have the right to know what data about its origins held by public entities, subject to the limitations that they could derived from the laws of the countries of origin of minors. This right shall be effective with advice, help and mediation of the specialized services of the Public Entity, accredited bodies or entities authorized for this purpose.
The competent public entities will ensure the conservation of the information available to them concerning the child's origin, in particular information regarding the identity of their parents and the medical history of the child and his family.
Accredited bodies that had brokered the adoption should inform the Public Entities of the data available to them about the origins of the child. "
Catorce. Article 13, which shall read as follows amendments:
"Article 13. Protection of personal data.
1. The processing and transfer of data derived from compliance with the provisions of this law will find themselves subject to the provisions of Law 15/1999, of December 13, Protection of Personal Data.
2. The data obtained by the public authorities or by accredited bodies may be processed only for purposes related to the development, in each case, of the functions described for each in Articles 5 and 6.3 of this law.
3. The international transfer of data to foreign adoption authorities shall be only in the cases expressly provided in this Act and the Hague Convention of 29 May 1993 on the Protection of Children and Cooperation in Respect of adoption international and other international law. "
. paragraph 2 of Article 14, which shall read as follows amendments:
'2. The Spanish nationality and habitual residence in Spain will be appreciated, in any case, at the time of submitting the offer for adoption to the Public. "
Sixteen. the heading of Article 15 is amended, paragraph 3 is deleted and paragraph 4 renumbered 3, being read as follows is renumbered:
"Article 15. International jurisdiction for the declaration of nullity or conversion into full adoption of a non-full adoption in international cases."
'3. For the purposes of the provisions of this Act shall mean a simple or full adoption that constituted by a competent foreign authority whose effects may not correspond substantially with those envisaged for adoption in the Spanish legislation. "
Seventeen. Article 17, which shall read as follows amendments:
"Article 17. Competence of consuls in the constitution of international adoptions.
1. Whenever the local state does not oppose it or forbid its legislation in accordance with international treaties and other international standards applicable, Consuls may constitute adoptions if the adopter is Spanish, the adoptee has his habitual residence in the corresponding consular demarcation and a proposal from the Public Entity under the circumstances set out in 1st, 2nd and 4th Article 176.2 of the Civil code is not required. The nationality of the adopter and the adoptee's habitual residence will be determined at the time of initiation of adoption proceedings.
2. In the processing and resolution of this file will apply adoption legislation on voluntary jurisdiction. "
. the division is deleted sections of Chapter II of Title II.
. Article 18, which shall read as follows amendments:
"Article 18. Law applicable to the creation of adoption.
The constitution of the adoption by the Spanish competent authority shall be governed by the provisions of Spanish substantive law in the following cases:
A) When the adoptee is habitually resident in Spain at the time of constitution of the adoption.
B) When the adoptee has been or will be transferred to Spain in order to establish their habitual residence in Spain. "
. a paragraph 4 is added to Article 19, which shall read as follows:
"4. In the case of minors whose national law prohibits or does not provide for the adoption of the constitution adoption, except be refused if the child is in distress and supervised by the Public Entity. "
Veintiuno. Article 21 is deleted
Twenty-two. Article 22, which shall read as follows amendments:
"Article 22. Law applicable to the conversion and annulment of adoption.
The law applicable to the conversion of non-full adoption in full law and nullity of the adoption will be applied to its constitution. "
Twenty-three. Article 24, which shall read as follows amendments:
"Article 24. International cooperation of authorities.
When the foreign authority that will grant an adoption, with the Spanish adopter and resident in that country, ask for information about it to the Spanish authorities, the Consul may request to the authorities of the last place of residence in Spain, or facilitate the information held by the Consulate or can obtain by other means. "
Twenty-four. paragraph 1 of Article 26, which shall read as follows amendments:
"1. In the absence of international treaties and agreements and other rules of international origin in force that are applicable to Spain, the adoption constituted by foreign authorities shall be recognized in Spain as adoption if the following requirements are met:
That has been constituted by a competent foreign authority. Shall be deemed to foreign competent authority is reasonable if the course has links with the foreign state whose authorities have established. It shall be presumed, in any case, they are competent reciprocally applying the competition rules provided for in Article 14 of this Law.
2nd That the adoption does not violate public order.
For this purpose it shall be deemed to violate the Spanish public order those adoptions whose constitution has not been respected the interests of the child, particularly when it has been done without the consent and hearings necessary, or wherever it appears that they were not informed and free or obtained by payment or compensation. "
. Article 27, which shall read as follows amendments:
"Article 27. Control of the validity of an adoption constituted by a foreign authority.
The Spanish public authority before which the validity of an adoption constituted by a foreign authority may arise and, in particular, the civil registrar in the registration of the adoption constituted abroad for recognition in Spain be urged , control, incidentally, the validity of the adoption in Spain under the rules contained in the Convention of the Hague, of 29 May 1993 on the protection of children and cooperation in respect of Intercountry adoption with through the presentation of the certificate of conformity with the provisions of Article 23 and that has not been incurred in the case of non-recognition provided for in Article 24 of the Convention.
In cases of minor non-signatories coming from the same countries, the Registrar General shall perform such incidental Control verifying whether the adoption meets the conditions for recognition under Articles 5.1.e), 5.1.f) and 26 . "
Twenty-six. Article 28, which shall read as follows amendments:
"Article 28. Requirements for the validity in Spain of foreign decisions conversion or annulment of an adoption.
The decisions of foreign public authority under which the conversion or annulment of an adoption is established shall take legal effect in Spain in accordance with the requirements set out in Article 26. "
Veintisiete. Article 29, which shall read as follows amendments:
"Article 29. Registration of adoption in the Civil Registry.
When intercountry adoption is established abroad and the adopters are habitually resident in Spain must apply for registration of birth of the child and adoption in accordance with the rules contained in the Civil Registration Act for the adoption to be recognized in Spain. "
Twenty-eight. Article 30, which shall read as follows amendments:
"Article 30. Full adoption single or not legally constituted by a foreign authority.
1. Simple or full adoption constituted by a foreign authority shall take effect in Spain, as a simple or full adoption, if it conforms to 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 parental authority.
3. Simple or full adoption will not be registered in the Spanish Civil Register as adoption or entail the acquisition of Spanish nationality under Article 19 of the Civil Code.
4. Simple or full adoption constituted by a competent foreign authority may be converted to the adoption regulated by Spanish law when the requirements for them are met, through a voluntary jurisdiction record. The conversion shall be governed by the law determined under the law of its constitution.
To urge the relevant judicial file prior proposal of the competent public entity is not required.
In any case, for the conversion of a simple or full adoption into a full adoption the competent court must examine the concurrence of the following:
A) That the persons, institutions and authorities whose consent is necessary for adoption, have been counseled and informed about the consequences of their consent, on the effects of adoption and, in particular, on the extinction of the legal ties between the child and his family of origin.
B) That such persons have expressed their consent freely, in the required legal form, and that this consent has been given in writing.
C) the consents have not been induced by payment or compensation of any kind and that such consents have not been revoked.
D) the consent of the mother, where required, has been given after the birth of the child.
E) That, taking into account the age and maturity of the child, it has been properly advised and informed about the effects of adoption and, where required, to consent to it.
F) That, taking into account the age and maturity of the child, it has been heard.
G) That, when you have sought the consent of the child in adoptions, it was stated freely, in the manner and with the formalities provided by law, and without any brokered price or compensation of any kind. "
Veintinueve. Article 31, which shall read as follows amendments:
"Article 31. International public order.
In no case shall recognition of a foreign decision simple or not full if it has effect manifestly contrary to Spanish international public order adoption. To this end, it shall take into account the interests of the child. "
. Article 32, which shall read as follows amendments:
"Article 32. Competition for the establishment of other child protection measures.
The competition for the constitution of other child protection measures shall be governed by the criteria set out in international treaties and agreements and other rules of international origin in force for Spain, in particular Regulation (EC) No 2201/2003 of the Council of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and parental responsibility, and the Hague Convention of 19 October 1996 on jurisdiction, applicable law, recognition, enforcement and cooperation in respect of parental responsibility and measures for the protection of children. "
Thirty-one. Article 33, which shall read as follows amendments:
"Article 33. Law applicable to other child protection measures.
The law applicable to the other measures of protection of minors is determined in accordance with international treaties and agreements and other rules of international origin in force for Spain with, in particular the Hague Convention of 19 October 1996 on jurisdiction, applicable law, recognition, enforcement and cooperation in respect of parental responsibility and measures for the protection of children. "
Thirty-two. Article 34, which shall read as follows amendments:
"Article 34. Legal effects in Spain of decisions concerning child protection institutions that do not produce ties of filiation agreed by foreign authorities.
1. Institutions to protect minors constituted by foreign authorities and, according to the law of their constitution, not determine any filiation are deemed equivalent to foster care or, where appropriate, to guardianship, regulated under Spanish law, whether the conditions following requirements:
1st That the substantial effects of the foreign institution are equivalent to those of foster care or, where appropriate, to a guardianship, under Spanish law.
2nd That protection institutions have been agreed by competent foreign authority, whether judicial or administrative. It shall be deemed to foreign authority that constituted the protection measure was internationally competent if the course has reasonable links to foreign state whose authorities have established.
Notwithstanding the provisions of the previous rule, in the event that the protection institution does not submit reasonable connections of origin, family history or other similar orders with the country whose authority has established that institution it shall be deemed to authority foreign lacked international competition.
3rd That the effects of foreign protection institution not violate the Spanish public order in the best interests of the child.
4th That the document in which the institution has constituted before a foreign authority meets the formal requirements of authenticity consisting legalization or apostille and translation into Spanish official. documents exempted from legalization or translation under other legislation are exempted.
2. The Spanish public authority before which the question of the validity of a protection measure constituted by a foreign authority may arise and, in particular, the civil registrar in the annotation of the protection measure constituted abroad are urged to recognition in Spain, monitor, incidentally, the validity of the measure in Spain under this Article. "
room. Amendment of Law 1/2000 of 7 January on Civil Procedure.
Law 1/2000 of 7 January, Civil Procedure, is amended as follows:
One. a new ordinal 3.º is included in paragraph 2 of Article 76 and the last paragraph of that paragraph is changed to read as follows:
"3.º the case of processes in which the opposition to administrative decisions regarding the protection of the same child are being carried out, processed in accordance with Article 780, provided that none of them has begun sight.
In any case, in places where there is more of a Court which were allocated competence in commercial matters, in cases of 1st and 2nd numbers, or civil, in the case of number 3. º, demands that arise after another will be distributed to the court that would have corresponded to hear the first. "
Two. 1st circumstance of paragraph 1 of Article 525, which read as follows amendments:
"1st The judgments in proceedings on paternity, maternity, filiation, annulment of marriage, separation and divorce, opposition to administrative decisions regarding the protection of minors, marital status and capacity and honorary rights, except pronouncements governing the obligations and property relations related to whatever main object of the process. "
Three. Article 779, which shall read as follows amendments:
"Article 779. preferential nature of the procedure. Competition.
The procedures in opposition to administrative decisions regarding the protection of minors will substantiate preferential basis.
It will have jurisdiction thereof the Court of First Instance of the domicile of the Public Entity and, failing or in cases of Articles 179 and 180 of the Civil Code, the Court domicile of the adopter. "|| |
Four. paragraphs 1 and 2 are amended and paragraph 5 is added to Article 780, which are worded as follows:
"1. prior claim shall not be required to formulate administrative opposition, the civil courts, administrative decisions regarding the protection of minors. The opposition thereto may be made within two months of its notification.
They will be entitled to file an opposition to administrative decisions regarding the protection of minors, provided they have legitimate and direct interest in such resolution, children affected by the decision, parents, guardians, welcoming, keepers, the prosecution and those who expressly recognize them such a law legitimacy. Although there were actors may make themselves at any time in the process, provided the proceedings are rolled back.
All children are entitled to be part and be heard in the process as stipulated in the Law on Legal Protection of Minors. They exercise their claims in relation to administrative decisions affecting them through their legal representatives, provided they have no competing interests to their own, or through the person appointed as his counsel to represent them.
2. The process of opposition to an administrative decision on the protection of minors will begin by presenting an initial letter in which the actor succinctly expressed the claim and resolution to oppose.
In the written expressly consign the date of notification of the administrative decision and reveal whether there are procedures for that child. "
"5. If the public prosecutor, the parties or the competent judge knew of the existence of more than an opposition to administrative decisions relating to the protection of the same child, ask first and have the second of its own motion, the accumulation before the court that was hearing the oldest procedure.
Acordada accumulation, will proceed in accordance with Article 84, with the specialty of the view that it was already mentioned if possible process accumulated other processes within the term determined by the indication will not be suspended. Otherwise, the Judicial Secretary agree the suspension of which had already fixed view, until the others are in the same state, proceeding to make the new marking for all preferential basis and in any event within ten following days.
Against the order denying the accumulation may be lodged appeals and the appeal without suspensive effect. Against the order agreed upon by the accumulation no appeal shall lie. "
Five. Article 781, which shall read as follows amendments:
"Article 781. Procedure for determining the necessity of assent in adoption.
1. Parents who wish the need for their consent for the adoption to be recognized may appear before the Court that is hearing the corresponding adoption file and show it as well. The Judicial Secretary, suspension of the case, grant a period of fifteen days for filing of the application, for the knowledge of the same court shall have jurisdiction.
2. If the claim is not presented within the time allowed, the court clerk to issue a decree thus concluding the proceeding and lifting the suspension of adoption proceedings, which continue to be treated in accordance with the provisions of the legislation of voluntary jurisdiction. The decree can be appealed directly review before the Court. Firm that resolution, no subsequent claim of the same subjects on the need for consent to the adoption in question is permitted.
3. The suit was filed within the prescribed period, the Judicial Secretary to issue a decree declaring the adoption file litigation and agree the processing of the application filed in the same procedure as a separate piece, under the provisions of Article 753.
Once you sign the decision rendered in the separate part on the need for consent of the parents of the adopted child, the Judicial Secretary agree citation before the Judge of the persons referred to in Article 177 of the Civil Code that should provide the consent or the consent to adoption and be heard, and they have not yet done so, must then resolve on the adoption.
The citations were made in accordance with the rules established in the Law on Voluntary Jurisdiction for such cases.
The order terminating the procedure will be subject to appeal, which shall have suspensive effect.
The testimony of the final decision on the adoption is agreed will be forwarded to the Civil Registry, so that registration is practiced. "
First additional provision. Use of the term 'public entity'.
Expression referring to the Public Protection territorially competent under 'public entity' will be used in legal texts.
Second additional provision. References to pre-adoptive and foster care simply and Collaborating Entities of Intercountry Adoption.
All references in laws and other provisions to be realizasen pre-adoptive fostering shall be construed as references to guard delegation for preadoptive coexistence under Article 176a of the Civil Code. Which would be carried to the mere placement they shall be construed as references to temporary foster care under Article 173a of the Civil Code; and when you go to the Associates of international adoption be construed as references to accredited for international adoption agencies.
Third additional provision. common criteria for coverage, quality and accessibility.
The Government shall promote the autonomous communities and the establishment of common minimum standards of coverage, quality and accessibility in the application of this law throughout the territory criteria and, in any case, with regard to:
1. Composition, number and qualifications of professional teams of public entity competent child protection territorially who must intervene in situations such as risk and neglect of children, voluntary surrender of custody, programs for independent living of young people who are under a measure of protection, foster care and adoption processes.
2. essential elements of foster care procedures: assessment of fitness educator families; financial compensation for specialized foster care to the ordinary, with special attention to the needs arising from the placement of children with disabilities; building measures and support to foster care; information campaigns; promotion of associations of persons and host families.
3. essential elements in adoption procedures relating to: pre-adoption preparation; declaration of suitability; concept under "special needs"; accreditation of accredited bodies for international adoption; information campaigns, with special attention to those focused on the adoption of children with special needs.
4. Quality standards and accessibility, facilities and equipment of each type of service residential care centers. Measures to be taken for its organization and operation tends to follow patterns of family organization. Incorporation of models of excellence in management.
5. Standards of coverage, quality and accessibility, facilities and provision of family meeting places.
6. Comprehensive care for young people leaving care: training in skills and competencies to promote their maturity and promote their personal and social autonomy at 18 years of age; guarantee sufficient income to survive; accommodation; job training, facilitating or prioritize participation in jobs as a measure of discrimination.
Fourth additional provision. Legal status of specific child protection centers with behavioral problems collaborating private entities competent public entities.
Centers specific protection of minors with behavioral problems of collaborating competent public institutions where provided the use of security measures and restriction of freedoms or fundamental rights they shall apply private entities as provided in the title II, chapter IV of the Law on Legal Protection of Minors.
These private schools must have administrative authorization to operate issued by the competent Public Entity for the protection to minors, and subject to its inspection regime and, if necessary, administrative penalty.
Fifth additional provision. interterritorial allocation mechanism.
Public Administrations implement the necessary policies to establish an effective mechanism allowing appropriate allocation to families of those children with a certain profile in which Autonomous Community there are no offers of foster care families or, where appropriate, adoptions.
Sixth additional provision. Equal legal regimes for care.
For the purposes of existing laws and regulations prior to this law and relevant laws of the Autonomous Communities with their own Civil Code or civil laws that regulate the temporary foster care situation is equated with foster care simple, and the situation keeps for adoption with pre-adoptive placement.
Seventh additional provision. specific protection plans for children.
The Public Administrations, within their respective powers, must approve specific plans for protection under six years in which concrete measures to promote foster care of them are collected.
First transitional provision. Rules applicable to judicial proceedings already initiated.
Procedures and judicial proceedings initiated prior to the entry into force of this law and into that may be pending will continue to be processed in accordance with the procedural legislation in force at the time of initiation of proceedings or judicial proceedings.
Second transitional provision. Termination of foster care constituted court.
The foster care legally constituted prior to the entry into force of this law may cease by resolution of the Public Entity without judgment.
Third transitory provision. applicable to proceedings already initiated international adoption rules; and validity of the accreditation of accredited bodies.
1. Records international adoption of minors initiated prior to the entry into force of this law and into that may be pending will continue to be processed under the law prevailing at the time of the beginning of the procedure.
2. Accredited to mediate in intercountry adoption that have the accreditation on the date of entry into force of this law, agencies will keep it in force until its expiry or as a new accreditation or license, if any, under the terms provided occurs in this law.
Fourth transitional provision. Criminal Record.
into operation the Central Sex Offender Registry, certification to Article 13 of the Organic Law 1/1996 of 15 January on the Legal Protection of Minors, partially amending the Civil Code refers and the Civil Procedure Act will be issued by the Central Background Registry.
Fifth transitional provision. Extension of benefits relating to tuition fees and examination in the field of education to large family titles in force from January 1, 2015.
The amendment of Article 6 of Law 40/2003 of 18 November on the protection of large families provided for in the fifth final provision shall apply, for the sole purpose of access to benefits in the field of education regarding tuition fees and examination under Article 12.2 a) of the Act, to large family titles that were in force on 1 January 2015.
Single derogatory provision. Repeal of rules.
The only additional provision of Law 54/2007 of 28 December on Intercountry Adoption is repealed.
Also few rules are repealed oppose or are inconsistent with the provisions of this law.
First final provision. Amendment of Law 29/1998 of July 13, regulating the Administrative Jurisdiction.
Paragraph 6 of Article 8 of Law 29/1998 of 13 July, governing Administrative Jurisdiction, which is written is amended as follows:
'6. also learn the Courts of the Contentious-administrative authorizations for entry into private homes and other places whose access requires the consent of the owner, provided that it proceed to the enforcement of acts of public administration, except in the case of the implementation of measures to protect minors agreed by the competent public entity in the field.
It also corresponds to the Courts of the Contentious-administrative authorization or judicial ratification of the measures that 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 Administrative Litigation know of authorizations for entry and inspection of homes, premises, land and means of transport which has been agreed by the National Competition Commission when, requiring such access and inspection the consent of the owner, he opposes it or there is a risk of such opposition. "
Second final provision. Amendment of Law 41/2002 of 14 November, regulating patient autonomy and rights and obligations regarding clinical information and 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, regulating patient autonomy and rights and obligations clinical information and documentation, which are worded as follows:
'3. the consent will be given for representation in the following cases:
A) When the patient is unable to make decisions, at the discretion of the physician responsible for the care, or physical or mental condition does not allow him to take charge of your situation. If the patient has no legal representative, consent shall pay the persons related to him by family or indeed reasons.
B) Where the patient is judicially modified so stated in the judgment capacity.
C) When the minor patient is not intellectual or emotionally able to understand the scope of the intervention. In this case, the consent will give the legal representative, after hearing his opinion, in accordance with Article 9 of the Organic Law 1/1996 of 15 January, on Legal Protection of Minors.
4. In the case of emancipated minors or older than 16 who are not in the cases b) and c) of the preceding paragraph, it should not give consent for representation.
Notwithstanding the preceding paragraph, in the case of a performance of serious risk to life or health of the child, at the discretion of the physician, the consent shall provide the legal representative once heard and taken into account the opinion of it.
5. The practice of clinical trials and practice of assisted human reproduction are governed by established general character of age and the special rules for the application.
6. In cases where consent has to grant it the legal representative or persons related by family or indeed in any of the situations described in paragraphs 3 to 5 reasons, the decision must be taken with due regard to the greatest benefit for life or patient health. Decisions which are contrary to those interests should be made known to the judicial authority, directly or through the prosecutor, to take the appropriate except resolution, for reasons of urgency, it is not possible to seek judicial authorization, in which case health professionals take the necessary measures to safeguard the life or health of the patient, covered by the grounds of justification for fulfilling a duty and necessity.
7. Agreeing by proxy shall be appropriate to the circumstances and proportionate to the needs to be catered to, always in favor of the patient and respect for their personal dignity. The patient participate as far as possible in the decision-making throughout the health process. If the patient is a person with disabilities, they will provide the relevant supporting measures, including information in appropriate formats, following the rules set by the principle of design for all so that they are accessible and understandable to people with disabilities to encourage it to provide on its consent. "
Final disposition third. Modification of the revised text of the Law of the Workers' Statute, approved by Royal Legislative Decree 1/1995 of 24 March.
Letter f) of paragraph 3 of Article 37 of the revised text of the Law of the Workers' Statute, approved by Royal Legislative Decree 1/1995 of 24 March, which is written is amended as follows:
"F) indispensable for prenatal examinations and birth preparation techniques time and, in cases of adoption or foster care, or custody for adoption, mandatory attendance at briefings and preparation and to carry out the mandatory psychological and social reports prior to the declaration of suitability, always, in all cases, which must take place within the working day. "
Fourth final provision. Amendment of Law 7/2007 of 12 April, on the Basic Statute of Public Employees.
Letter is amended
e) of Article 48 of Law 7/2007 of 12 April, on the Basic Statute of Public Employees, which shall read as follows:
"E) indispensable for prenatal examinations and birth preparation techniques by pregnant women staff time and, in cases of adoption or foster care, or custody for adoption, mandatory attendance at sessions information and preparation and conducting the mandatory psychological and social reports prior to the declaration of suitability, to be made within the working day. "
Final provision fifth. Amendment of Law 40/2003 of 18 November on the Protection of Large Families.
One. paragraph 4 of Article 2 of Law 40/2003 of 18 November on the Protection of Large Families, which reads as follows amendments:
"4. They have the same status as the children of persons under guardianship or foster family permanent or pre legally constituted. Children who having been in any of these situations come of age and remain in the family unit, retain the status of children in the terms set out in Article 3 of this law. "
Two. Article 6 of Law 40/2003 of 18 November on the Protection of Large Families, which is modified to read as follows:
"Article 6. Renewal, modification or loss of the title.
The large family certificate must be renewed or left without effect when varying the number of members of the household or the conditions which gave reason to the issuance of the title and it involves a change of status or loss of family status large.
The title remains in force, although the number of children who qualify for part of the title is less than set out in Article 2, while at least one of them meets the conditions laid down in Article 3. However, in these cases the validity of the certificate shall be exclusively on the members of the household who continue to fulfill the conditions to form part thereof and shall not apply to the children who no longer met. "
Three. An additional provision was added by Law 40/2003 of 18 November on the Protection of Large Families, with the following:
"Additional provision tenth. Impact of standards in the family.
Memories of regulatory impact analysis to draft laws and draft regulations include the impact of the rules on family must accompany. "
Four. The Government forwarded to Parliament, in the shortest possible time, a bill to reform Law 40/2003 of 18 November on the Protection of Large Families, with the aim of ensuring equal opportunities and access to public goods and services, contributing to the redistribution of income and wealth of families.
Sixth final provision. Modification of the Organic Law 2/2006 of 3 May, of Education.
The Organic Law 2/2006 of 3 May, of Education, is amended as follows:
One. paragraph 2 of Article 84, which shall read as follows amendments:
'2. When there are insufficient places, the admission process is governed by the priority criteria for enrollment of siblings in the center, parents or legal guardians working in it, near the home or workplace of a parent , mothers or guardians, per capita income of the household and legal status of large family situation of foster care student or the student, and attendance of disability in the pupil or one of their parents or siblings, none of them has exclusive basis and without prejudice to paragraph 7 of this article.
However, those centers that have a curricular specialization recognized by the education authorities, or participate in an action aimed at promoting the quality of schools from those described in Article 122a may reserve the criterion of academic performance the pupil up to 20 percent of the score assigned to applications for admission to post-compulsory education. This percentage may be reduced or modulated when necessary to avoid breaking criteria of equity and cohesion of the system. "
Two. paragraph 2 of Article 87, which shall read as follows amendments:
'2. To facilitate schooling and ensure the right to education of students with specific educational needs, educational authorities should book you until the end of the period of application and registration a part of the squares of concerted public and private schools.
They may authorize an increase of up to ten percent of the maximum number of students per classroom in the concerted public and private schools in the same area of schooling, either to meet immediate needs schooling of students of late incorporation or by needs that come motivated by transfer of the family unit in period of extraordinary schooling due to the forced mobility of any of the parents or legal guardians, or due to the start of a measure of foster care in the student or student. "
Seventh final provision. Modification of the Organic Law 8/2013, of December 9, for the Improvement of Educational Quality.
One. Section sixty of the single article of the Organic Law 8/2013, of December 9, for the Improvement of Educational Quality is amended so that the first paragraph of paragraph 2 of Article 84 of the Organic Law 2/2006 of 3 May, Education, shall read as follows:
"When there are insufficient places, the admission process is governed by the priority criteria for enrollment of siblings in the center, parents or legal guardians working in it, proximity of home or workplace one of their parents or guardians, per capita income of the household and legal status of large family situation of foster care the pupil, and concurrence of disability in the pupil or a parent, mothers or brothers, none of them has exclusive basis and without prejudice to the provisions in paragraph 7 of this Article. "
Two. Section sixty of the single article of the Organic Law 8/2013, of December 9, to improve the quality of education is amended so that paragraph 2 of Article 87 of the Organic Law 2/2006 of 3 May, Education shall have the following content:
May 'also authorize an increase of up to ten percent of the maximum number of students per classroom in the concerted public and private schools in the same area of schooling, either needs to come motivated by transfer unit family in extraordinary period of schooling due to the forced mobility of any of the parents or legal guardians, or due to the start of a measure of foster care in the student or pupil. "
Eighth final provision. Amendment of Law 43/2006 of 29 December, for improving growth and employment.
A new paragraph 4b in Article 2 of Law 43/2006 of 29 December, for improving growth and employment in the following terms is introduced:
"4b. Employers who hire indefinitely victims of human trafficking identified in accordance with 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, where appropriate, have obtained the authorization of residence and work in exceptional circumstances, without the condition of being unemployed is necessary, shall, from the date of conclusion of the contract, a monthly bonus of the employer's contribution Social Security or, where appropriate, for its daily equivalent for hired 125 euros / month (1,500 euros / year) for 2 years worker.
In the event that temporary contracts are concluded with these people person be entitled to a monthly bonus of the employer's contribution to Social Security or, where appropriate, for its daily equivalent for worker hired 50 euros / month ( 600 euros / year) for the duration of the contract. "
Ninth final provision. Amendment of Law 39/2006 of 14 December on promoting personal autonomy and care for people in situations of dependency.
A new paragraph 8 to Article 14 of Law 39/2006 of 14 December on promoting personal autonomy and care for people in situations of dependency, with the following wording:
'8. The economic benefits provided under this Act are unalienable, except for the case provided for in Article 608 of the Civil Procedure Act. "
Final Disposition tenth. Modification of the revised text of the General Law on Social Security, approved by Royal Legislative Decree 1/1994 of 20 June.
The revised text of the General Law on Social Security, approved by Royal Legislative Decree 1/1994 of 20 June, is amended as follows:
One. A new article 179 ter with the following wording:
'Article 179 ter. Impediment for payment of death benefits and survival.
1. Without prejudice to the provisions of the first additional provision of Organic Law 1/2004 of 28 December on Integrated Protection Measures against Gender Violence, you can not have the status of beneficiary of death benefits and survival that would able to reciprocate, who was convicted by final judgment for committing an intentional homicide in any form crime when the victim was the subject cause of the benefit.
2. The Manager may review, on its own and at any time, the resolution which had recognized the right to a benefit of death and survival who was convicted by a final judgment in the case referred to, coming the same required to repay the amounts which, if any, would have perceived such a concept.
The power of review of its own motion that the previous paragraph shall not be subject to term, although the obligation to refund the amount of the benefits received within the period prescribed under Article 45.3. In any case, the limitation of this obligation shall be interrupted when falls judicial decision which prima facie evidence that the research subject is responsible for an intentional homicide crime, as well as the processing of the criminal process and the different resources derived.
The agreement of initiation review the recognition of the provision referred to in this article shall be agreed, if it had not occurred before, the suspension of its I perceive to the firm resolve to end the procedure. "
Two. A new article 179 quater with the following wording:
"Article 179 quater. precautionary suspension of payment of death benefits and survival in certain cases.
1. The Manager provisionally suspend the payment of death benefits and survival, if any, would have recognized, when falls judicial decision which prima facie evidence that the research subject is responsible for an intentional crime of murder in any arising its forms, if the victim was the triggering event of the provision, effective the first day of the month following that in which is communicated that fact.
When the Manager becomes aware, before or during the processing of the procedure for recognition of the provision of death and survival, that the applicant has gone against the court decision arising prima facie by the commission indicated crime, will proceed to its recognition if it is entered all other requirements for it, as a precautionary suspension of payment from the date on which it ought to have economic effects.
In the cases mentioned in the two preceding paragraphs, the suspension will be maintained until final judgment or other final decision terminating the criminal proceedings, or determine the innocence of the beneficiary.
If the recipient of the benefit was finally convicted by final judgment for the commission indicated offense, it shall review the recognition and, where appropriate, the reimbursement of the benefits received, in accordance with the provisions of Article 179 ter . When falls acquittal or a final court decision declaring the innocence of the beneficiary, the benefit payment suspended the effects that would come from the suspension would not have agreed to be rehabilitated, after deducting, where appropriate, the amounts paid in respect maintenance obligations as provided in paragraph 3
2. However, if recayera acquittal at first instance and this was appealed, the suspension shall be lifted until the decision on the appeal by a final judgment. In this case, if the final judgment handed down in this appeal it was also acquitted, the beneficiary will be paid benefits forgone since the interim suspension remembered until this rose, discounted amounts, if any, is they had met to third parties for maintenance obligations as provided in paragraph 3. Conversely, if the final judgment handed down in the appeal prove damning, it shall review the recognition of the provision and repayment of the benefits received by the offender, as indicated in paragraph 1 of this Article, including for the period in which the suspension was lifted.
3. During the suspension of payment of a survivor's pension, agreed as provided in this article may be made effective under it, up to the amount that would have corresponded on this account to the beneficiary of the pension, obligations food in favor of holders of orphan's pension or for family members caused by the crime victim, provided that such holders would be beneficiaries of the increases referred to in Article 179 d refers if finally final judgment was guilty of that . The amount to be received in respect of food for each orphan pensioners or for family members may not exceed the amount that, at all times, would have corresponded for the increase. "
Three. a new Article 179 d with the following wording:
'Article 179 d. Increase in orphans' pensions and for family members in certain circumstances.
1. When, under the provisions of Article 179 ter, the final sentence for committing an intentional crime of murder in any form could not acquire the status of beneficiary of the widow's pension, or had lost, the children equal, holders of the orphan's pension caused by the crime victim shall be entitled to the increase provided by regulation for cases of absolute orphanhood.
Holders pension for family members may, in those circumstances, be beneficiaries of the expected increase in regulations, provided that no other persons entitled to pension death and survival caused by the victim.
2. The economic effects of that increase is retroactive to the date of initial recognition of the orphan's pension for family members or when not been previously recognized the widow's pension resulting whom I finally convicted. Otherwise, these economic effects will begin from the date on which he ceased payment of survivor's pension as a result of the review of its recognition by the Managers in accordance with the provisions of Article 179 ter or, if any, from the date of the interim suspension under Article 179 quater.
In any case, the payment of increased orphan's pension for family members or for the periods in which the convicted person has received widow's pension can only be carried out once this make effective reinstatement, without the Manager of the refund does not occur, either subsidiary or jointly and severally liable manure orphan pensioner or family for the prescribed increase, or is bound to its advance.
Of the amounts due in respect of increase in the orphan's pension for family members or be deducted, where applicable, the amount that food had been paid by the beneficiary pension suspended widowhood, as Article 179 quater. "
Four. a new article is added 179 sexies with the following wording:
"Article 179 sexies. Payment of orphans' pensions in certain cases.
For the children of who was finally convicted for committing an intentional homicide in any form, in the terms set forth in Article 179 ter crime, as minors or persons with capacity judicially modified pension beneficiaries were orphans caused by the victim, that pension will not be payable to the convicted person.
In any case, the Management Company shall inform the prosecutor the existence of the orphan's pension and any court decision which prima facie evidence that the parent is responsible for a culpable homicide arising for , in compliance with Article 158 of the Civil code, applicable, where appropriate, to encourage the adoption of appropriate measures in relation to the individual or institution protecting the child or person judicially modified capacity to to be paid the orphan's pension. Adopted such measures due to such procedural situation, the Investment Manager, where appropriate, also notify the Prosecutor the resolution for an end to the process and firmness or not the judgment that you remember. "|| |
Five. Paragraph 1 of the eighth additional provision is worded as follows:
"1. It will apply to all schemes comprising the Social Security system of the provisions of Articles 137, paragraphs 2 and 3; 138; 140, paragraphs 1, 2 and 3; 143; 161, paragraphs 1, 2 and 3; 161 bis, paragraph 1 and paragraph 2 B); 162, 1.1, 2, 3, 4 and 5; 163; 165; 174; 174a; 175; 176, paragraph 4; 177, paragraph 1, second paragraph; 179, 179 b, 179 c, 179 d and 179 e. Also, apply the rules on family benefits contained in Chapter IX of Title II; additional provisions bis seventh, forty-third and fifty-ninth and transitional provisions fifth paragraph 1 bis fifth, sixth and sixteenth bis.
Notwithstanding the provisions of the preceding paragraph, the application to the special arrangements as provided for in Article 138 in the last paragraph of paragraph 2 are exempted and regulated by paragraph 5. '
Eleventh final provision. Modification of the revised text of the Law on State Pensioners, approved by Royal Legislative Decree 670/1987 of 30 April.
The revised text of the Law on State Pensioners, approved by Royal Decree 670/1987, of April 30 is amended as follows:
One. a section three of Article 15 with the following wording:
"Article 15.3. Notwithstanding the provisions of No. 1, the Administration may review the acts of recognition of the right to benefits for family members motivated by the conviction the beneficiary, by final judgment for committing an intentional crime of murder in any of its forms, when the victim was the triggering event of the provision, which may be at any time and claim amounts, if any, received by any such concept. "
Two. a new article, 37 bis, with the following wording:
"Article 37a. Impediment to be entitled to benefits for family members.
Without prejudice to the provisions of the first additional provision of Organic Law 1/2004 of 28 December on Integrated Protection Measures against Gender Violence, you can not have the status of beneficiary of the benefits for relatives who might correspond, who was convicted by final judgment for committing an intentional homicide in any form crime when the victim was the subject cause of the benefit.
The Administration may revise itself and at any time, the act or agreement that would recognize the right to a benefit for the relatives who was convicted by a final judgment in the case referred to, coming the same required to repay the amounts, if any, would have received in this connection.
The agreement of initiation review the recognition of the provision referred to in this article shall be agreed, if it had not occurred before, the suspension of its I perceive until resolution to end the procedure. "
Three. a new article, the 37b, with the following wording:
"Article 37b. precautionary suspension of payment of benefits for family members in certain circumstances.
1. The Directorate General of Personnel Costs and Public Pensions provisionally suspend the payment of recognized benefits for family members, when falling upon the beneficiary court decision which prima facie derived from the commission of an intentional crime of murder any form, whether the victim was the triggering event of the provision, effective the first day of the month following that in which is communicated that fact.
In the cases mentioned, the suspension will be maintained until final judgment or other final decision terminating the criminal proceedings or determine the innocence of the beneficiary.
If the recipient of the benefit was finally convicted by final judgment for the commission indicated offense, it shall review the recognition and, where appropriate, the reimbursement of the benefits received, in accordance with the provisions of Article 37a . In this case the Directorate General of Personnel Costs and Public Pensions or the General Directorate of Personnel of the Ministry of Defence in the scope of their respective powers, shall fix the amount of pension, if any, as if there were no convicted person .
When a judgment or final court decision, end the process without the said conviction or not guilty of the beneficiary is determined, the payment of the benefit suspended with the effects of the suspension had proceeded not been agreed will be rehabilitated.
2. However, if recayera acquittal at first instance and this was appealed, the suspension shall be lifted until the decision on the appeal by a final judgment. In this case, if the final judgment in this appeal relapse was also absolving the beneficiary they will be paid forgone benefits from the agreed interim suspension until it lifted. Conversely, if the final judgment handed down in the appeal prove damning shall review the recognition of the transaction and the repayment of the benefits received by the condemned, as indicated in paragraph 1 of this Article, including those relating the period in which the suspension was lifted.
3. During the suspension of payment of an agreed delivery as provided in this article, the Directorate General of Personnel Costs and Public Pensions or the General Directorate of Personnel of the Ministry of Defence in the scope of their respective powers, shall fix the amount of pensions, if any, as if there were the person against whom it had taken the decision that the paragraph 1. This amount shall be provisional until the final decision terminating the criminal proceedings is issued to.
In the case file the case or acquittal judgment which will proceed to provisionally suspended payment of benefits. However, the beneficiary of the pension calculated as provided in the preceding paragraph shall not be obliged to repay any amount. "
Four. a new article, 37c, with the following wording:
Article 37c. Payment of pensions for relatives in certain cases.
"If there was minor or legally incapacitated beneficiaries whose custody or guardianship was attributed to a person against whom the judgment dictated that prima facie or conviction arising firm by the commission had of culpable homicide in any form crime, no pension will be payable to that person.
In any case, the Directorate General of Personnel Costs and Public Pensions will inform the prosecutor the existence of the pension and any court decision which derive rational indications that a person who has attributed the country authority or guardianship is responsible for culpable homicide to proceed, where appropriate, to encourage the adoption of appropriate measures in relation to the individual or institution protecting the child or the person with the modified capacity judicially you should paid pension. Adopted such measures due to such procedural situation, the Administration, where appropriate, also notify the prosecutor's resolution that finally put the criminal proceedings and firmness or not the court decision is agreed. "|| |
Five. The eleventh additional provision is worded as follows:
"Eleventh additional provision. Benefits for family members.
The regulation contained in both Article 38 and the transitional provision twelfth and Article 41 of this text, except for the provisions of the second subparagraph of paragraph 1 of the last cited article shall apply respectively to pensions of widows and orphans of State caused Pensioners under the legislation in force on 31 December 1984, as well as those due under the special war legislation; provided that in each case and the case of orphans, the age limit determining the status of beneficiary of the orphan's pension is equal to or less than twenty years.
Also the provisions in Articles 37a and 37b shall apply to all pension Pensioners State, whatever their regulatory legislation, as well as pensions due under the special war legislation. "
Final provision twelfth. Amendment of Criminal Procedure Act.
A new additional provision is added to the Criminal Procedure Act, approved by Royal Decree of 14 September 1882, with the following wording:
"Fifth additional provision. Communication proceedings to the National Institute of Social Security, the Social Marine Institute, the Directorate General of Personnel Costs and Public Pensions of the Ministry of Finance and Public Administration and the Directorate General of Personnel Ministry of Defence.
The court clerks of the courts communicated to the National Institute of Social Security, the Social Marine Institute and the Directorate General of Personnel Costs and Public Pensions of the Ministry of Finance and Public Administration, in any judicial resolution that prima facie derived from the commission of an intentional homicide in any form crime, the victim was ascendant, descendant, brother, spouse or former spouse of the investigation, or were or had been linked to him by a relationship affectivity similar to marriage. They also inform official bodies such final judicial decisions to end criminal proceedings. Such reports shall be made for the purposes specified in Articles 179 b, 179 c, 179 d and 179 e of the revised text of the General Law on Social Security, approved by Royal Legislative Decree 1/1994 of 20 June and articles 37a and 37b of the revised text of the Law of State Pensioners, approved by Royal Decree 670/1987 of 30 April. "
Thirteenth final provision. Amendment of Law 36/2011, of 10 October, regulating the Social Jurisdiction.
Article 146.2 of Law 36/2011, of 10 October, regulating the Social Jurisdiction, shall read as follows:
'2. They excepted from the provisions of the preceding paragraph:
A) The correction of clerical errors or factual and arithmetic, as well as revisions prompted by the finding of omissions or inaccuracies in the statements by the beneficiary and claim amounts, if any, had been unduly paid as a result.
B) Revisions of the acts on unemployment protection, and mothballing of the self-employed, provided they are effected within a maximum period of one year from the administrative decision or the management organ which has not been contested, without prejudice to Article 147.
C) The review of acts of recognition of the right to a benefit of death and survival, motivated by the beneficiary conviction by final judgment for committing an intentional crime of murder in any form, when the victim was the subject cause of the provision, which may be at any time and claim amounts, if any, would have received for this concept. "
Final provision fourteenth. Effectiveness in implementing the legal changes.
The amendments to the General Law on Social Security, in the law of the State Pensioners in the Criminal Procedure Law and the Law on the Social Jurisdiction through the final provisions of the tenth to thirteenth this Act shall apply to the events causing the system performance of the Social Security and the special scheme for Pensioners State produced from the date of its entry into force, provided that the crimes occurred, also, from the same date.
Final provision fifteenth. competence titles.
This law is issued under the exclusive jurisdiction to issue civil law attributed to the State by Article 149.1.8.ª of the Spanish Constitution, without prejudice to the preservation, modification and development by the Autonomous Communities of the leasehold civil or special rights, where they exist.
The fourth article, the first transitional provision and the first final provision are issued under Article 149.1.6.ª of the Spanish Constitution which grants the State exclusive jurisdiction to issue procedural legislation.
The second final provision has the basic condition, in accordance with the provisions of Article 149.1.1 and 16th of the Spanish Constitution.
The final provision is issued under Article 149.1.7.ª of the Spanish Constitution, which grants the State exclusive jurisdiction to issue labor legislation.
The fourth final provision is issued under Article 149.1.18 of the Spanish Constitution, constituting basis of the statutory scheme for civil servants, without prejudice to the powers of the Autonomous Communities that already have exclusive jurisdiction over the regime statutory staff in the service of the Public Administrations and special features of the administrative and civil service organization of the Autonomous Communities themselves.
The fifth final provision is issued under Article 149.1.1, 7th and 17th meetings of the Spanish Constitution.
Sixteenth final provision. regulatory development of the cities of Ceuta and Melilla.
In accordance with the provisions of section three of additional provision four of Law 27/2013, of 27 December, rationalization and sustainability of local government, the cities of Ceuta and Melilla, in exercising its power regulatory, may develop the content of this law in accordance with the criteria and conditions contained therein, in order to adjust to the particular conditions of those in developing its regulatory capacity and within the scope thereof.
Seventeenth final provision. Creation of the central register of sex offenders.
The Government, at the proposal of the Ministry of Justice, after hearing the General Council of the Judiciary and the Data Protection Agency, issued within six months from the publication of this Law, the relevant regulations concerning the organization Central sex offender Registry in the Central Registry of Convicts and in the Central Register of Criminal Responsibility of Minors, integrated into the system records supporting the administration of justice and the rule of registration and cancellation of their seats and access to the information contained therein, in any case ensuring confidentiality. It will form, at least with information concerning the identity and genetic profile (DNA) of persons convicted of crimes against freedom and indemnity sex, which include assault and sexual abuse, sexual harassment, exhibitionism and sexual provocation , sexual exploitation and prostitution and corruption of minors. The General State Administration will cooperate with the competent authorities of the Member States of the European Union to facilitate the exchange of information in this area.
Final provision eighteenth. Regulatory changes and developments.
The Government will carry out the modifications and regulatory developments that are necessary for the implementation of this law.
Nineteenth final provision. Incorporating European Union standards.
This law rules transposition into Spanish law of Articles 10 and 15 of the Directive of the European Parliament and Council Directive 2011/93 / EU of 13 December 2011 concerning contained to the fight against abuses sex and sexual exploitation of children and child pornography and amending framework Decision 2004/68 / JHA Decision is replaced.
Twentieth final provision. No increase in spending.
The measures included in this standard shall not result in increased public spending, or appropriations, or compensation, or other personnel expenses.
Twenty-final provision. Entry into force.
This Law shall enter into force on the twentieth day following its publication in the "Official Gazette".
Command all Spaniards, individuals and authorities to observe and enforce this law.
Madrid, July 28, 2015.
The Prime Minister,