Bill would let judges decide cases of children in neglect

Automatic summary, not yet reviewed

1. The bill proposes that declaring a child in a situation of neglect (desamparo) and granting guardianship to the public entity would no longer be decided by the administration, but by a court ruling, which must be notified to parents and the child within 48 hours at most.
2. Priority would be given to returning the child to their birth family or, failing that, the extended family, and the judge would have to take this into account whenever possible and positive for the child.
3. Parents or guardians with suspended parental authority would have two years from notification to ask that the neglect declaration be revoked if circumstances change, and after that period only the Public Prosecutor could challenge court decisions.
4. Temporary care of a child by the public entity could not exceed two years, except for an exceptional extension in the child's best interest, and after that period the child must return to their parents or be declared in neglect.
5. The bill removes any gender-based reference from the rules on risk situations, and states that no ideological motivation could ever be grounds to open a neglect declaration process.
6. Case files pending when the law takes effect would be processed under the new legislation, and the law would take effect the day after its publication in the Official State Gazette.

Who it affects

• Children in guardianship or in a situation of neglect: Their cases would be decided by a judge, and returning to their birth or extended family would be prioritized.
• Parents and guardians of children in neglect: They would have two years to request revocation of the declaration and could challenge protection decisions.
• Public child protection entities: They would need court rulings to take on guardianship and care, and would end guardianship when the causes disappear.
• Public Prosecutor (Ministerio Fiscal): Its supervisory role would be strengthened, and it would be the only party allowed to challenge rulings after two years.

Words worth knowing

Desamparo (neglect)

A situation where a child lacks the necessary moral or material care because those responsible for them fail to meet their duties.

Tutela (guardianship)

Legal responsibility to care for and represent a minor, which in these cases would pass to the public entity by court decision.

Patria potestad (parental authority)

The set of rights and duties parents have over their minor children.

Acogimiento familiar (family foster care)

A measure whereby a child lives with a family other than their own, usually relatives, when they cannot stay with their parents.

Ministerio Fiscal (Public Prosecutor)

Public body that protects the interests of minors and acts in court proceedings affecting them.

It summarizes the text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries