Resolution Of 9 June 2015, The Ministry Of Social Services And Equality Amending The Agreement Of The Sectorial Conference On Equality July 21, 2014, Approving The Referral Protocol Approved Between C Is Published ...

Original Language Title: Resolución de 9 de junio de 2015, de la Secretaría de Estado de Servicios Sociales e Igualdad, por la que se publica el Acuerdo de la Conferencia Sectorial de Igualdad de 21 de julio de 2014, por el que se aprueba el protocolo de derivación entre c...

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-7620

Equality Sector Conference at the meeting held on July 21, 2014, agreed to approve the Protocol Bypass between shelters for women victims of domestic violence and their children.

This agreement is in force from the moment of its adoption for those who voted favorably autonomous communities: Andalusia, Aragon, Asturias, Balearic Islands, Canary Islands, Cantabria, Castilla La Mancha, Castilla y Leon, Extremadura, Galicia, La Rioja, Madrid, Navarra, Murcia, Valencia and the City of Ceuta and Melilla City which he joined later.

In accordance with the provisions of the Agreement it will be published in the official gazettes of the Autonomous Communities and in the "Official Gazette", stating in the text of the Resolution that publicity be given to same the autonomous communities that have voted for and therefore are signatories to the Agreement.

Article 5.5 of Law 30/1992 of 26 November on the Legal Regime of the Administrations and the Common Administrative Procedure establishes the need to sign agreements Sector Conference and Article 15.5 of the Rules of the Conference sector Equality provides that the signing of the agreements may result in the very meeting of the Conference at which they are adopted or at a later time.

The Agreement has been signed by all the Autonomous Communities and Cities with a Statute of Autonomy that acquiesced to it, as well as the Ministry of Health, Social Services and Equality.

Therefore, it must be published in the "Official Gazette" of the text of that agreement, contained in the annex to this resolution.

Madrid, June 9, 2015-The Secretary of State for Social Services and Equality, Susana Camarero Benítez.
ANNEX


Agreement of July 21, 2014, the Sectoral Conference on Equality, by the Protocol approved Bypass between regions to coordinate their networks of shelters for women victims of gender violence and their sons and daughters

Violence against women is a major cause of human rights violation against women, affecting such basic rights as physical integrity, security, freedom and equality, and is likely to reach all women, without prejudice to the greater vulnerability of specific groups.

As proclaims the Explanatory Memorandum of Organic Law 1/2004 of 28 December on Integrated Protection Measures against gender violence, violence against women manifests itself as the most brutal symbol of the inequality in our society. The Spanish Constitution states in Article 15 the right of everyone to life and physical and moral integrity; meanwhile, public authorities, under Article 9.2, are required to take positive action to make these rights real and effective, removing obstacles that prevent or hinder their fulfillment.

The measures implemented to eradicate the social scourge which is violence against women, civil preventive measures, educational, social, welfare, and criminal, have helped to take appropriate action with a comprehensive and multidisciplinary approach policies, although the problem of violence against women is still far from being resolved and treatment requires continuous and sustained response from the government, which on one hand helps to maintain the positive effects of the policies adopted to date, and on the other , address new areas for improvement.

It is therefore necessary to place women at the center of public policies to eradicate gender violence, in order to address their real needs, encourage her to leave the circle of violence and join her in the process recovery, restoring it in full exercise of their rights and helping to build their autonomy, in a full and free life of violence.


As part of a composite State, responsibility for the fight against gender violence and other forms of violence against women are distributed in different territorial and institutional levels, with the majority of competences to the Communities autonomous, whose competent bodies manage the resources of assistance and protection to victims in their respective territories. The goal of efficiency in managing resources and efficiency in finding solutions requires inescapably inter-agency collaboration between the bodies involved.

One of the measures that has contributed most significantly to offer women a way out of the way violence was undoubtedly the adoption of the Law 27/2003, of 31 July, regulating the Protection Order. The protection afforded first assumed that women would not have to leave their homes to escape the violence, facilitating the recovery process to benefit themselves and, where appropriate, their sons and daughters. However, there may be cases where it is still necessary to provide women a space to be installed on a temporary basis, either by the absence of a proper home for reasons of safety of the victim, or by the requirements of the process itself recovery.

Among existing resources to address these needs for protection and assistance of women victims of gender violence and other manifestations of violence against women, are the shelters, which, of different ownership and characteristics, They spread throughout the national territory actually forming a network. The safety and security needs of women sometimes carry convenience to get away from her attacker and begin a process of recovery and empowerment of multidisciplinary type outside the scope of the autonomous community of residence. To do this, it is necessary to advance collaboration between regions for coordination and sharing of their host networks.

This process connects with various initiatives in recent years have been implemented successfully by different Autonomous Communities, in particular the Convention between regions for the Coordination of their networks of shelters Women Victims of Violence Gender, to which were adhering other autonomous regions, as well as the proposals and claims from various forums have been launched to help improve the management of these resources.

On June 17, 2013, the Autonomous Communities and Cities of Ceuta and Melilla and the Ministry of Health, Social Services and Equality, agreed at the Sectoral Conference on Equality to start work that allowed to network reception centers all the Autonomous Communities and Cities of Ceuta and Melilla, through the coordination of these resources for the benefit of victims of gender violence and children in their care, in order to improve their protection and safety, maximizing resources and improving procedures throughout the national territory.

The result of this work, and as a sign of the commitment of the signatory Autonomous Regions to assume and develop this collaborative framework and under the provisions of Article 5 of Law 30/1992 of 26 November on Legal regime of Public Administrations and Common Administrative Procedure and Article 15 of the Rules of Organization and Functioning of the Sectoral Conference on Equality, the Autonomous Communities of La Rioja, Galicia, Andalusia, Asturias, Cantabria, Murcia, Valencia, Aragon, Castilla-La Mancha, Canarias, Navarra, Extremadura, Illes Balears, Madrid, Castilla y Leon and the City with a Statute of Autonomy of Ceuta, and the Ministry of Health, Social Services and Equality, at the meeting of the Equal Sector Conference June 21, 2014,

AGREE:

First. Object.

Bypass the Protocol between the Autonomous Communities to coordinate their networks of shelters for women victims of gender violence and their children, which aims to meet the following objectives were approved:

• Coordination of networks of host resources for women victims of domestic violence and their children.

• Determination of the causes that can motivate the derivation of a user to a shelter in another region.

• Establishment of a common list of the process required for admission to the shelters documentation.


• Development of a model of direct communication between competent bodies in this area for all matters relating to the admission process, including the reasons for motivation in case of refusal.

• Setting common criteria on the assumption of costs incurred traveling or those arising as a result of efforts arising from their situation.

Second. Concepts.

For the purpose of this Protocol shall apply Community origin, the Autonomous Community or City with Autonomy Statute signatory of the Protocol and ask for a referral means host community, the Autonomous Community or City with Autonomy Statute signatory the Protocol to which referral is requested. The body competent in care resources and host of the Autonomous Regions and Cities with Statute of Autonomy designated by each of them, who will make the request and authorization of admission to the resource.

Third. First access.

The first women's access to the network of shelters will be provided through the Community of origin.

The referral may be requested for women who are received in a care resource and shelters for women victims of gender violence which has begun a first intervention to assess planning medium and long term that part transfer resources from another region.

Room. A victim of domestic violence.

The Community of origin, credited the status of victim of gender violence in the terms established by Law 1/2004 of 28 December on Integrated Protection Measures against Gender Violence, hereinafter Integral Law, by:

• Court order granting the restraining order or injunction agreeing favor of the victim on criminal case of gender violence measure.

• The report of the Public Prosecutor indicating the existence of indications that the applicant is a victim of gender violence until the court decision is handed down from.

• Exceptionally, in urgent situations of danger or risk to the life of women victims of gender violence, as in the cases of police assessment of high risk, it is sufficient that the Community source host to send a report Women Center, social service, equality body or equivalent.

Through the report the hazard or risk to life will be assessed, motivating why it is considered appropriate to transfer this community and not another.

When the host community is the Principality of Asturias and Andalusia, proceed exceptionally admission only once it has filed a police complaint and there is high risk assessment.

Quinto. Shuttle reasons.

The Community of origin must assess the circumstances to propose a transfer, determining whether the reasons given for submitting an application for referral motivated. They are considered reasons for the transfer, any of the following:

• The safety of women and / or the minors in their charge,

• Social recovery in the medium and long term, when any of the following circumstances that seriously conditional: family reunification duly justified, need arising from training or education of her or her sons and daughters, that can not be make in your Autonomous Community or attend a job offer accredited.

Sixth. Transfer request and availability of places.

Will be the competent bodies of the Community of origin who will contact the host of the Community for a first case information to enable the technical staff of the destination Comunicad transfer assess the suitability and availability of appropriate to the circumstances of the squares.

To do this, the necessary means to ensure maximum speed management will be used. To facilitate this process each community designate a responsible person indicating their data.

Seventh. Information about the new resource.

It shall be the duty of the Autonomous Community of origin, in collaboration with the target, to inform women center characteristics, its rules and the rights and obligations assumed with the transfer. If so required by the relevant legislation, you will be required written about commitment.

Host community provide the origin of how much information it requires that, in order to provide women with information as accurate as possible.

Eighth. Documentation required.


If the technical assessment advice transfer, bypass will begin, proceeding the Community of origin to submit the following documents:

• Request for the interested.

• document certifying the status of victim of gender violence, in accordance with the provisions of the fourth section.

• Social Report, which shall conform to the model attached as Annex I.

• Commitment signed by the Community of origin back to accommodate women during the six months following the referral, in the event that the new resource will not fit your needs.

It will also provide the DNI / NIF or NIE and, where appropriate, passport and family book. The rest of the documentation described in the above, it can not be furnished at the time of the transfer, be sent once the woman is installed on the resource.

Ninth. Processing of income.

Each Autonomous Community, according to their internal rules, respecting the times agreed by the technical staff and they deem most appropriate to the case, will manage the income based on the principles of speed, security and confidentiality, informing the Autonomous Community of origin through electronic means, whenever possible, and according to the rules of protection of personal data.

Tenth. Reasoned refusal of access.

If denial of access to host resources, the causes are motivated. They may be grounds for refusal:

• The lack of available places suited to the circumstances. In this case, the Community of origin may request the host to inform it of the existence of places available in the future.

• Do not meet the requirements for the derivation in section four.

• Having agreed final judgment visitation, assuming the transfer an obstacle to compliance.

• Technical evaluation motivated.

Eleventh. Processing times.

Referral requests as soon as possible and no later than 15 days will be resolved from the receipt of the request, based on an action plan between the technical staff of the autonomous regions of origin and host.

Twelfth. Transfer to the host community.

The transfer will be organized jointly by the communities of origin and destination, ensuring the safety of women and the minors in their charge. When the woman lacks sufficient financial means to deal with relocation costs, these will be borne by the Community of origin.

Exceptionally, the autonomous communities may agree, depending on the specific circumstances of each case or center management model, a separate system of sharing the costs of the transfer.

Thirteenth. Attention by the host community.

The Community of origin shall include in the report bypass an intervention proposal, detailing whether the transfer is requested on a temporary or indefinite. The proposal will be evaluated by the host community; the latter may introduce any changes it deems appropriate. The host community is responsible for carrying out the actions for comprehensive care as a victim of gender violence and women and children in their care. For these purposes, it shall be conducted in the immediate schooling of children, as set out in Article 5 of the Comprehensive Law.

Fourteenth. Displacements by deriving efforts.

The actions that may be necessary to carry out these movements will be coordinated between the Community of origin and the host. When the woman and / or the minors in their care have to move to the community of origin for judicial reasons or other cause of forced displacement duly justified, it shall be informed the community of origin, and this will provide accommodation and protection required or deemed necessary, in charge. When the woman lacks sufficient financial means to meet the costs of this transfer, the Community of origin shall bear the costs of these shifts as a result of efforts arising from their situation (appearance in court, visitation of children, etc. ).

Cg. Monitoring the intervention.
Home
The Community will monitor the situation of women in the host community and its evolution. Upon completion of the intervention in the resource host, the host community will communicate to the Community of origin, to jointly analyze the actions taken with women and the minors in their charge.


In the event that will be needed to continue the intervention with women and children in their care, the community of origin and the host valued in conjunction if appropriate return to the community of origin.

If after their stay at the center, she decides to take up residence in the host community will ensure that you receive adequate information and sufficient resources to which it is entitled and will apply the aid scheme economic and other existing resources, according to the criteria established in the regulations of the Autonomous Community, subject to monitoring and subsequent interventions to be made with it.

Cg. Abandonment of the center.

When intervention from the center is completed, either by achieving the objectives for voluntary departure of women or otherwise, the host community will notify the source of the most immediate way possible.

Seventeenth. Revocation of the shunt.

If data had not been reported in the referral report (such as situations of mental illness, disability, addictions, etc.) that would interfere with the quality of the intervention were leaked during their stay in the host resource that is rendered to the user in a negative way, this could constitute grounds for revoking the stay of women in the host community.

If a woman does not conform to the rules of internal operation of the center that has been derived or fails, the host community refer the case back to the Community of origin.

Eighteenth. Monitoring protocol.

Each Autonomous Community and City Statute of Autonomy designate a person to serve on the monitoring group of this Protocol. Corresponds to that group contribute to the revision and improvement of the implementation of this Protocol and gather data on implementation, realizing the results achieved at the Sector Conference on Equality. In addition, the monitoring group will keep updated a catalog of host resources and a compendium of existing regional regulations on the matter.
Nineteenth
. Effectiveness.

This agreement shall take effect from the day following its approval in the Sectoral Conference on Equality Day.
Twenty
. Publication.

The Ministry of Health, Social Services and Equality will publicize this agreement in the "Official Gazette" and the Autonomous Communities in the appropriate official.

Madrid, July 21, 2014.
ANNEX I


Technical Report transfer request to resources for comprehensive care and reception of the Autonomous Community of ... .......

(Attach to this report, the written transfer of women, which should include the reasons that lead them to request a transfer to another CCAA application, the objectives that arises in the autonomous regions requesting ).

• Center / service / institution demand the transfer:

• Professional Reference:

• Date:

• Address: e-mail, tel.

1. Facts woman:

• Name:

• DNI / NIE / NIF / Passport:

• Date of birth:

• Status:

2. Data accompanying minors:

• Name:

• DNI / NIE / NIF / Passport:

• Date of birth:

• Relationship aggressor:

3. Reason for transfer:

(They are not mutually exclusive).

• Security reasons.

• Grouping / supports family of origin.

• Withdrawal from physical and mental abuse situation.

• Other (specify).

4. Individualized risk assessment.

• police risk assessment (only if known and relevant).

• Number of income in Shelter, especially those related to an emergency situation or risk to the woman and / or her children.
4.1
abusive situation.

• Relationship with the aggressor.

• time living with the aggressor.

• Time relationship with the aggressor.

• suffering abuse that takes time.

• Children / as with the aggressor.

• Type of abuse and indicators of it.

4.2 Risk perception by the victim (not exclusive).

• The woman puts its security: Security Forces, Shelter, in itself, in other / as ...

• Minimize the damage suffered.

• Give importance to the situation of abuse suffered.

• think she controls the situation.

• He thinks he can change.

• It is perceived as a victim of gender violence.

• have direct contact with him.

• have indirect contact with him (through family, friends / as, children / as ...).


• frequents platitudes with the aggressor force majeure.

• frequents platitudes with the aggressor by choice.
4.3
subjective situation regarding the abuse by women (not exclusive).

• Excuse the aggressor.

• Gives worth the aggressor.

• He worries the aggressor.

• He wants to take care of the aggressor, or caretaking third / as people, family ...).

• Do not want to harm him.

• He forgives.

• is guilty or responsible for what happened.

• Keep loving him.

• Create the attacker wants.

• He attributes the aggressor intent of violence received.

• Justify Violence (drinks, is sick in the head, all couples argue, it is not bad ...).

• Blames others / as of violent acts (laws / as, friends bar ...).

• Create betray you if you decide to break the couple.

• Create betray you if you decide to report it.

4.4 Evaluation of individualized risk children accompanying women.

5. Location / psychological state.

• If applicable, psychological assessment of the current state of the person concerned and means used (which in the case of having the drifter team psychologist should be prepared and signed by the same).

• Location / psychological state of children accompanying women.

6. social and family situation.
6.1 Composition
family of origin.




Name





kinship





Date of Birth





Marital status





occupation


































































































6.2 Dependants who would move with the woman.




Name





kinship





Date of Birth





Marital status





occupation


































































































6.3 Description of the relationship of women with dependents with which he moved.

6.4 Other adult relatives or family support group.
6.5
family history (significant chronological sequence of family evolution).

6.6 Employment status.

• Profession.

• Employment status at the time the transfer (occupation, working hours, time it takes at work, ...) is requested.

• Work experience.

• Managements pending regarding their employment.

• Attitude job search (or its development if you already have one).

• Employment status of dependents if appropriate.

6.7 formative situation.

• Studies (formal education).

• Expectations training.

• attitude to training.

• Studies dependents.

Economic situation 6.8.

• economic, monthly and / or annual income, are there women and origin unit.

• Properties in your name or in joint ownership.

• Money management and attitude to it.

6.9 Health status (of women).

• Health coverage.

• Disease diagnosis of diseases suffering and dosage of their medication, in particular existence of infectious diseases and guidelines to follow. Where appropriate, suffering mental disorders that may affect coexistence in the center.


• Drug treatments at the time the transfer is requested.

• Disability dependencies.

• sanitary Managements pending at the time the transfer is requested.

• Specify if needed psychiatric or psychological support on occasion (type of support, on many occasions, specific psychiatric diagnosis, psychiatric drug treatments to date).

• Attitude related to health care. Where appropriate, substance use or abuse of alcohol.

6.10 Health conditions of dependent children.

6.11 Legal Status.

• Files Complaint / complaints.

• Assists medical assault, injury report.

• Protective Order / Order restraining / protective and civilians.

• Procedures separation or divorce.

• Procedures child custody.

• Procedures pending regarding documentation.

• Visitation with the sons and daughters common with the aggressor. Where they do, often.

• TAMVG.

• Use that performs security devices assigned. Use of safety devices on occasion. Reasons.

• Residence of the aggressor (specify whether it is in the same municipality that the house where the victim or not found).

• Other legal cases pending (paternity test, residence permit, work permit.).

• Name and contact details of the legal person who assists in each procedure, together with the number of procedures and competent court.
6.12
formal and informal supports.

• Ratio of women with other Community Services (Municipal Social Services, Associations, leisure and free time ...).

6.13 Personal autonomy of women.

• Social skills, conflict resolution, assertiveness, empathy ...
• Development management procedures.

6.14 Personal autonomy of persons accompanying the woman.

• Social skills, conflict resolution, assertiveness, empathy ...
6.15 Adaptation and Evolution to the House of Welcome Hometown (of women and dependent children).

• Participation in activities and programs.

• Rules, routines, daily organization.

• Relationship with other users of the center.
.
6.16 Managements earrings (women and dependents If the ACs can be resolved to that target or if instead need to return to the provenance, in this case the center / Service / Institution which it derives undertakes to provide outstanding efforts of women or dependents, in the region of origin).

7. Interventions and actions taken in the AC source.

• In the host itself.

• In other services of the CA.

8. Interventions and actions carried out with the persons accompanying women in the AC source.

• In the host itself.

• In other services of the CA.

9. Proposal for intervention within the thirteenth paragraph

10. Observations. Other data of interest.