Procedures Related To Minors Protection

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Procedures related to minors protection

Introduction

The LEC, after the latest reforms that it has experienced in 2015, contemplates the following procedures related to the protection of minors:

  • Procedure to obtain judicial authorization for the entry of minors with behavior problems in specific protection centers. LO 8/2015 of July 22, modification of the childhood and adolescence protection system.
  • Procedure to obtain judicial authorization that allows admission to home and remaining places for the forced execution of minors protection measures.

 

Developing

Procedure to obtain judicial authorization for the entry of minors with behavior problems in specific protection centers. LO 8/2015 of July 22, modification of the childhood and adolescence protection system.

The Courts of First Instance are competent from the place where the center lies to authorize the entry of a minor in the center. A judicial authorization is needed to enter the center, this is mandatory and must be prior to the entry of the minor in the center, except for emergency situations.

The procedure to continue in the general procedure, the authorization request will be submitted together with the psychosocial assessment that justifies it, the judge must examine and hear the minor, who must be informed about his possible income, the entity must also be given to the entity public, to the parents or guardians who hold the parental authority or guardianship and to any person whose competence deems appropriate or will be requested. The Fiscal Ministry will issue the report when it has not been the one requested by judicial authorization.

The Court will give an opinion of a optional for him designated, notwithstanding that he can practice any other evidence that is relevant or urged.

The procedure to be followed in urgency situations will be immediately urged the income measure. The Public Entity or the Prosecutor’s Office communicates it to the Court of First Instance in which the Children’s Center lies, within the following 24 hours, for the purposes of proceeding to the mandatory ratification of said measure, which must be carried out within the period maximum of 72 hours since the entry of the minor to the court is reported. The income that is not authorized will be left without effect.

The resolution of the procedure, to indicate the entry of the minor in the center, must express the obligation of the public entity and the director of the center to inform the Court and the Fiscal Ministry about the circumstances in which the minor is and the need for to continue in the center, without prejudice to those demanded by the judge.

The reports issued by the public entity and the director of the center will have to be issued every three months, unless the judge dictates a shorter term. After the deadline that the minor entered in the center and received the reports of the public entity and the director of the center, the court, after carrying out what the minor and the fiscal ministry, will decide whether will decide whether to continue the income, will be received. or not.

The end of the income will be imposed by the judicial body ex officio or proposed by the public entity or the MF. This proposal will be based on a psychological, social and educational report. Regarding the resolution of the competent Court, the appeal for the affected minor, the public entity, the MF, the parents or guardians may be filed. The appeal will have no suspensive effect.

Judicial authorization for the entry into homes and remaining places for the forced execution of minors protection measures.

The judicial authorization will have the Court of First Instance with competence in the place where the domicile of the Public Entity requesting authorization is based.

The public entity that requested authorization is legitimized.

The initiation of the process is carried out through the presentation of a brief, in it the following terms must be made reference:

  • The administrative resolution or the file that has given rise to the request.
  • The concrete address or place that is intended to access, and the entity of the holder or occupant of this and whose access requires its consent.
  • The justification that this consent has been attempted without result or with a negative result.
  • The need for said entry for the execution of the resolution of the public entity.

 

conclusion

Once the letter is presented, the Laj will transfer to the headline or occupant of the home on the same day. The holder or occupant of the home may claim within 24 hours since the statement was delivered. Once the allegations or not submitted, the judge will agree or deny the entrance by means of a period of 24 hours, prior report of the MF will.

If the entrance is authorized, the car will find material and temporal limits for the realization of this, which will be strictly necessary for the execution of the protection measurement. The appeal against the judicial order is the appeal., It must be filed within the following 3 days, counted from the notification of the car, to which a preference process will be given.

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