Strengthens child protection and regulates centers for behavioral problems

Automatic summary, not yet reviewed

1. Defines the best interest of the child as the criterion that prevails over any other legitimate interest, and sets criteria to assess it in each case, such as the child's age, maturity, family environment and stability.
2. Strengthens the child's right to be heard in the family and in any proceeding affecting them, without discrimination due to disability. A child is always considered mature enough when they have turned twelve.
3. Regulates specific protection centers for children with behavioral problems: placement requires judicial authorization, is a last resort and has an educational purpose. It details the allowed security measures (restraint, isolation, searches), their limits and periodic judicial oversight.
4. Creates a procedure in the Civil Procedure Law for a judge to authorize placement in these centers, with urgent placements ratified within 72 hours, and another procedure to authorize entering homes when needed to enforce child protection measures.
5. Recognizes the minor children of gender violencegender violence Violence a woman suffers from a current or former partner because she is a woman. victims as victims themselves, and requires the judge to always rule on the measures affecting them, including suspension of visits, stays, contact or communication with the accused.
6. Protects foreign victims of human trafficking and their children: during the recovery and reflection period of at least ninety days, no sanctioning proceedings are opened against them and their subsistence and safety are looked after.

Who it affects

• Minors, especially those with behavioral problems or in state protection: They gain rights to be heard, to have their interest prioritized, and to be placed in specialized centers only with judicial oversight
• Families of children in state protection: Their visits and communications can only be restricted with reasons and in the child's interest
• Women victims of gender violence and their children: The children are recognized as victims and the judge must always decide on the measures affecting them
• Foreign victims of human trafficking: They receive a reflection period of at least ninety days without sanctioning proceedings, with protection for them and their children
• Public entities and protection centers: They must request judicial authorization for placements, apply security protocols and submit periodic reports

Words worth knowing

Interés superior del menor (best interest of the child)

Principle requiring that, in any decision about a child, what benefits the child most comes before other interests.

Entidad Pública (public entity)

The public agency of each autonomous community responsible for child protection.

Contención mecánica (mechanical restraint)

Use of approved equipment to physically immobilize a child when there is a serious risk to their life or that of others.

Medidas cautelares (precautionary measures)

Temporary decisions a judge makes during a proceeding to protect the people involved.

Período de restablecimiento y reflexión (recovery and reflection period)

Time given to a trafficking victim to recover and decide whether to cooperate with authorities, without being sanctioned for their situation.

gender violence

Violence a woman suffers from a current or former partner because she is a woman.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries