Law 4/2021, of July 27, on childhood and adolescence of
Summary
- Norma afectada por
- 19/10/two0two1
- LE000070970two_two0twoeleven019D-ley twotwo/two0two1 de 13 EITHERct. (modifica DLey 6/two0two0, medidas ámbito social y económico por CEITHERVID-19 y DLey 10/two0two0, medidas ayudas ámbito del empleo por CEITHERVID-19, en relación medidas extraordinarias, Renta Mínima de Inserción Social en Andalucía)
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Number 3 of article 94 drafted by the second final provision of the D.-Ley twotwo/two0two1, of EITHERctober 13, which modifies the D.-Ley 6/two0two0, of March 30, which establishes extraordinary and urgent administrative measures in the social and economic sphere as a consequence of the situation caused by the Coronavirus (CEITHERVID-19), and the D.-Ley 10/two0two0, of April two9, which establishes extraordinary and urgent measures of administrative flexibility in aid in the field of employment and complementary measures with an impact on the economic, local and social sphere as a consequence of the situationcaused by the Coronavirus (CEITHERVID-19), in relation to the extraordinary measures issued for the minimum social insertion income in Andalusia ("B.EITHER.J.A."October 18).
LE000070453two_two0twoeleven019
EL PRESIDENTE DE LA JUNTA DE ANDALUCÍA A TEITHERDEITHERS LEITHERS QUE LA PRESENTE VIEREN, SABED:
That the Parliament of Andalusia has approved and I, in the name of the King and by the authority that confer the Constitution and the Statute of Autonomy, promulgated and ordered the publication of the following
LEY DE INFANCIA Y ADEITHERLESCENCIA DE ANDALUCÍA
EXPEITHERSICIÓN DE MEITHERTIVEITHERS
I
The United Nations Convention on the Rights of Nations, ratified by Spain on November 30, 1990, a fundamental norm in the social and legal plans in regard to childhood and adolescence, meant the adaptation of the internal laws of the States toit, incorporating its principles and guaranteeing its development and monitoring.
The Spanish Constitution, in its article 39, says that the public authorities ensure the social, economic and legal protection of the family, highlighting in section 4 that children will enjoy the protection provided for international agreements that ensure their rights.
La Ley EITHERrgánica 1/1996, de 15 de enero, de Protección Jurídica del Menor, de modificación del Código Civil y de la Ley de Enjuiciamiento Civil, siguiendo estos mandatos, recogió esos principios, reguló los derechos que niñas, niños y adolescentes debían tener como parte de la ciudadanía activa del s.XX and configured a comprehensive legal protection framework.
La Ley EITHERrgánica 8/two0two1, de 4 de junio, de Protección Integral a la Infancia y Adolescencia frente a la Violencia desarrolla actuaciones de sensibilización, detección precoz, prevención, asistencia y protección frente a cualquier forma de violencia y opera importantes modificaciones en el ordenamiento jurídico.
Many are the international agreements that have formed the legal system: the Treaty of the European Union, the Charter of Fundamental Rights of the European Union, ratified on December 13, two007, the European Agreement on the exercise of the rights of children, made in Strasbourg on January two5, 1996 and ratified by Spain on December 18, two014, entered into force on April 1, two015, Regulation (CE) No..twotwo01/two003 of the Council, of November two7, two003, regarding competence, recognition and execution of judicial resolutions in matrimonial and parental responsibility matters, which repeals Regulation (CE) No.. 1347/two000, la Recomendación Rec (two006) 19 del Comité de Ministros a los Estados Miembros, sobre políticas de apoyo al ejercicio positivo de la parentalidad o el protocolo para prevenir, reprimir y sancionar la trata de personas, especialmente mujeres y niños, que complementa la Convención de las Naciones Unidas contra la Delincuencia EITHERrganizada Transnacional, hecho en Nueva York el 15 de noviembre de two000.
In the scope of the special European Union, mention deserves the strategy of the European Union of the Rights of the Child, of March two4, two0two1, based on the conclusions of children in the 13 European Forum for the Rights of the Child, two0two0,whose objective is "to assume our shared responsibility to combine strength to respect, protect and realize the rights of all children, to build, together with children, healthier, resilient, more just and egalitarian societies for all".
Con la aprobación de la Ley EITHERrgánica 8/two015, de twotwo de julio, de modificación del sistema de protección a la infancia y la adolescencia, y la Ley two6/two015, de two8 de julio, de modificación del sistema de protección a la infancia y a la adolescencia se adaptó la normativa estatal a los acuerdos y compromisos internacionales adquiridos y a los cambios que la sociedad ha ido manifestando en una evolución natural.
The Statute of Autonomy for Andalusia within the Title of Public Rights, Duties and Policies, in article 17, says: «The social, legal and economic protection of the family is guaranteed.
The law will regulate access to public aid to attend to situations of the various existing family modalities according to civil legislation, "and in article 18, section 1, establishes:" minors have the right to receive fromPublic powers of Andalusia the protection and comprehensive care necessary for the development of their personality and for their well -being in the family, school and social, as well as to perceive the social benefits established by laws ".
In article 61, section 3, of the Statute of Autonomy for Andalusia, the corresponding competence in the field of minors to the Junta de Andalucía is regulated.
Law 1/1998, of April two0, on the rights and attention to the minor in development of regional powers configured the legal framework that guaranteed the well -being of childhood and its integral development.In addition, throughout these two decades other norms that have met the needs of this sector of the population have been approved successively: Law 1/two009, of February two7, regulatory of family mediation in the Autonomous Community of Andalusia,Law 9/two016, of December two7, on Social Services of Andalusia, Law 4/two017, of September two5, on the rights and attention to people with disabilities, Law 7/two017, of December two7, of ParticipationCitizen of Andalusia.
It is not the obsolescence of Law 1/1998, of April two0, which has motivated its modification and the drafting of this new law, but rather take advantage of the opportunity provided by the new legislative scenario, emerged both at the state and autonomic level, to incorporate social changes and the evolution of society itself, as well as the circumstances and realities that public administration in its work and dedication to childhood and adolescence has been found throughout these years.
This law was born with the vocation of guaranteeing childhood and adolescence in the field of the Andalusian territory, to meet both the needs that were already existing, and those that have emerged in more recent times, it is also a law based on law based onthe promotion of rights and prevention, with special attention to risk situations and minor people in a situation of greater vulnerability.This law also incorporates the regulation of the rights and duties that attend minors and defines the competence of the administration of the Junta de Andalucía in this area, creating scenarios for child participation and defining an information system and indicatorsOn childhood and adolescence.In addition, this law dedicates an important part of its articles thinking about the co -responsibility of society as a whole, so that all girls, boys and adolescents who grow and develop in Andalusia can carry out their life project in conditions of equalof opportunities, recording cooperation between institutions and citizenship for joint support.
The Public Administrations of Andalusia have an outstanding mandate, the approach of public policies that project comprehensive care that contemplates the areas that constitute us as people and that address our needs in the physical, psychological, emotional, social and environmental environment in the environmental environment, for which these administrations must be vigilant in prevention and be diligent in protection, but not only with childhood and adolescence, but also with their families, being main and primary axes for their development.
The law consists of one hundred fifty -one articles distributed in six titles, ten additional provisions, a transient provision, a repeal provision and seven final provisions.
II
Title I, structured in four chapters, after pointing out the object and scope of the law, develops the guiding principles that will govern the policies and actions of the Public Administrations of Andalusia in the exercise of exclusive powers in the field of protection of minors, to promote families and childhood and in the field of youth attributed to the Statute of Autonomy for Andalusia.
The second of the chapters regulates the guiding principles of the law, being the first of them the best interest of the child. La Convención sobre los Derechos del Niño lo recoge en el artículo 3, párrafo 1, y el Comité de los Derechos del Niño de las Naciones Unidas, en la EITHERbservación general núm.14 (two013), underlines the triple dimension of the concept: a substantive right, a fundamental interpretive legal principle and a procedure rule. Si se estudia la evolución de este principio desde que aparece en nuestro ordenamiento jurídico cuando se aprueba la Ley eleven/1981, de 13 de mayo, de modificación del Código Civil en materia de filiación, patria potestad y régimen económico del matrimonio hasta la regulación última de la Ley EITHERrgánica 1/1996, de 15 de enero, que fue modificada en el artículo segundo, se advierte cómo ha pasado de ser un concepto jurídico indeterminado a tener su concreción en la normativa, regulando criterios y elementos generales que ayudan a su definición.
In the early stages of life, social inequalities can accumulate that have an impact on morbidity, mortality and well -being in mature age and old age.And even more, the cumulative effects on development and well -being are transmitted to successive generations.So that in the early stages of childhood there are development and learning opportunities that are not repeated in later times of the life cycle, and an adequate development allows girls, boys and adolescents to organize by themselves the necessary experiences and acquire autonomyProgressive, philosophy that this law includes from the principles of participation, equity, intergenerationality, protection against any form of violence, promotion, prevention, protection and support for the family, and budgetary priority.
Important novelty in this title is the information and indicators system that projects from primary sources, such as the educational system and the health system among others, what will allow, in collaboration with the Institute of Statistics and Cartography of Andalusia, Measure and know the real well -being of childhood and adolescence of Andalusia, that is, detect weaknesses, threats, strengths and opportunities.
III
Title II organizes the structure on which the law will be developed.In addition to respecting the competencies already established for the Junta de Andalucía and for local entities, based on the principles of collaboration and coordination, says the obligation of the whole society: entities of social initiative and for profit, families, forces, forces,and security forces, media and universities of Andalusia, in contributing to childhood and adolescence care.
Childhood and adolescence are the responsibility of the whole society, not only of public administrations, and that is one of the intentions of this law, portraying society within the framework of childhood and adolescence to assume an active role in development, growth and well -being of our girls, boys and adolescents.
Participation is present throughout the articles of this standard.In this title II the scenario for child and adolescent participation is configured by which the Andalusian government bets firmly.One of the great challenges of the Convention on the Rights of the Child was the participation of childhood and adolescence, a challenge that has not yet been achieved in a full way, although the administration of the Junta de Andalucía wants to address it without further delay.Minors have to be the protagonists of their rights and start as citizens who participate in society.They have to assume an active and participatory role, and for this they are recognized capacity and it is propitiated that they acquire autonomy.
Therefore, and in accordance with the mandate of article 54 of Law 7/two017, of December two7, on Citizen Participation of Andalusia, an organ of participation of childhood and adolescence, the Andalusian Council of Girls, Children and BoysAdolescents, where they can express their opinions, exchange ideas, reflect on the problems that concern them, adopt agreements and make proposals.
IV
Children and adolescents are holders of all human rights and it is vital to consider that childhood rights occupy their own position.In this sense, it should be noted that there are certain rights that apply exclusively to childhood, such as the right to education and the right to maintain relationships with both parents.The rights and needs of childhood must be considered together;In these terms it is collected in the European Union strategy on the rights of the child.
Title III includes the consolidated rights of Law 1/1998, of April two0, with the same spirit as then, although with greater social and family guarantees, with the purpose that its exercise is real, both within the bosom ofSociety as in the bosom of their own family.The novelty of this title is that its duties are regulated, and this, because, although its dimension is more moral than legal, what is intended is to educate childhood and adolescence in the assumption of its responsibilities, and limitations and reserves are regulatedIn relation to certain actions that can collide with the rights of girls, boys and adolescents.
The administration of the Junta de Andalucía guarantees the universalization of rights for all minor persons who are in the territory of the Autonomous Community of Andalusia, and this, regardless of their socioeconomic situation, their situation, or not, of vulnerability, of vulnerability, of vulnerability, of vulnerability,Of social exclusion, of its nationality or origin, so that the necessary mechanisms are established, not only to guarantee their exercise, but also to guarantee their restitution, overcoming the causes that may influence that violation of rights.
This law includes, as the first right of childhood and adolescence, its right to develop personally and full in the family, trying to avoid inequalities and discriminatory situations.The institution's institution and the integral development of the person in a family context does not admit argument to the contrary.The development and conformation of personality, socialization, educational guidelines or emotional relationships, where they are best complied with and acquired, is, without a doubt, within a family, and this is another of the maxims that reside inThis rule and towards which public policies for prevention and protection are directed.This is included in the European Social Charter, made in Turin on October 18, 1961, which, in its article 16, describes the family as a fundamental unit of society that has the right to receive economic, legal and social protection,and in the preamble of the Convention on the Rights of the Child, which defines "the family" as the fundamental group of society and the natural environment for the growth and well -being of its members.
The right to identity of minors is regulated and protects.All girls, boys and adolescents have the right to have a name, a nationality, and parents who take care of them.Special mention is made, as subjects of this right, to the minor immigrants and refugees who are residing or in a transit situation through the Andalusian territory.
The protection of the right to honor, to personal privacy and to the image itself in the legal system is one of the most complex, given the rapid evolution of the different communication scenarios and the culture of the dissemination of images that today isso assumed by young people and those who are not so much, and this, together with the need to have sufficient abilities and consent that the minors provide when they spread their image without being aware of the digital identity that are being created,as well as its own digital historical, which is filed without expiration in time.
Minors are creative and innovative, digital natives, as they were born in the knowledge and information society.It is important that their intuitive, receptive and flexible minds take advantage, but we must not forget that they do not know what their rights and duties are on the Internet.Internet is an environment in which it is coexted, but, far from perceiving it as something hostile and dangerous, it must be seen as a safe space where interactivity and connectivity scenarios for minors are created.Therefore, the Administration of the Junta de Andalucía acquires the commitment to design strategies that help both fathers and mothers, and the educational community, to face and manage situations that derive from these virtual spaces, relationships between peopleThat are formed on social networks, the new ways to consume, spaces for gambling and bets, for leisure, through video games, and so on.
La ley aborda igualmente el derecho fundamental a ser oído y escuchado que la Ley EITHERrgánica 1/1996, de 15 de enero, modificó con la inclusión, como novedad, del derecho a ser escuchado.The child's interlocutors must interpret and attend what it has to say, and this, depending on its sufficient maturity and, in any case, when you are twelve years of age.
It is perhaps the determination of the ability of minors for certain actions where more difficulties can be found with which they are related, because to assess it, a serious dialogue with the minor is required, which must have as a frameworkA respectful relationship, and it is at this point where this new normative text wants to influence when regulating this right, so that not only the right is recognized to be heard and heard, but its exercise is guaranteed, in a waythat when in the decisions adopted they do not converge the desires or opinions of the minors, those are motivated without suffering general considerations.
V
Title IV, on prevention, strengthens recognition to family as a fundamental institution in our society for the development of the person.
In this sense, the administration of the Junta de Andalucía has been carrying out in recent years a firm and continuous commitment in prevention, with the conviction that it is a successful investment and oriented to anticipate the circumstances and situations that could compromise the growth of the growth ofminors within their family environment.The family is the main context of cognitive, emotional and social development of girls, boys and adolescents, being the best preventive agent for healthy, positive and balanced development of childhood and adolescence.
All Public Administrations of Andalusia, both in the regional and premises, compromise in this law their policies to improve and improve actions to promote health, education and social services.Actions that, in the field of health, begin in pregnancy, watching especially for prenatal health, intervening in prenatal risk situations and continuing with the promotion of actions that promote a culture of health.In the educational field, among their actions, the commitment of the public administrations to have free places for minors between zero to three years and that are in areas of social exclusion, so that the function is promoted, is highlighted, so that the function is promotedEducation compensatory.In the field of social services, family mediation is introduced as a tool for the prevention of risk situations, as well as the promotion of parental skills in conflict management, which in a complementary way to other intervention techniques can contribute to unlocking difficultiesand achieve a more satisfactory coexistence.Likewise, it is committed to the creation of new instruments that early identify situations that affect basic and development vital needs of children and adolescents, which could evolve towards more serious situations.
In the field of social services, it is noted that, to work from prevention, it is necessary that instruments are created that identify situations of deficiencies or risks that affect vital needs, so that it can be intervened when situations are still in aInitial moment.
Completing these actions, the focus of positive parentality is integrated into attention to childhood and adolescence, so that fathers and mothers acquire the appropriate skills and abilities for the education of their sons and daughters, and this, according to the Recommendation(two006) 19 of the Committee of Ministers to Member States on Policies to Support for the positive exercise of parentality.
The concept of "positive parentality" relies on a series of basic principles: attention to daughters and sons, structure and guidance to these, offering them a security and recognition scenario, through listening and valuation, enhancing and reinforcing personal controlof the child and education without violence, excluding corporal or psychological punishment.
The norm is collected as an instrument of conflict resolution, family mediation that has its own legal regime in Law 1/two009, of February two7, regulatory of family mediation in the Autonomous Community of Andalusia.
VI
El título V, dedicado a la protección, es el más amplio de la ley y se desarrolla en torno a las tres actuaciones de protección que se recogen en el artículo 1two de la Ley EITHERrgánica 1/1996, de 15 de enero, esto es, la detección, prevención y reparación del riesgo, el ejercicio de la guarda y la declaración de la situación de desamparo con la asunción de la tutela.
Protection actions will be governed according to priced criteria and regulated procedures, so that decisions are covered with all legal guarantees.The protection decisions taken will be adopted according to technical instruments validated by professionals and will procure, first, that the minor person remains in their family and their surroundings, and if this were not appropriate, the measure that protects it will be familiar in front ofResidential, stable, and if possible it will be ensured that the resource is in your own family.
Decision making will work with the collaboration of the family of origin of the minor person, once the measure has been adopted, so that this intervention can prosper in the most appropriate way, so that the minor person does not have conflicts of loyaltyWith your own family and can generate a link and attachment with the new cozy family.
In section 1.ª In Chapter II, one of the main novelties that this text is addressed, the declaration of the risk situation, whose legal framework is in Law two6/two015, of July two8, and is undoubtedly a novelty regarding the law1/1998, of April two0.
In situations in which the well -being of girls, boys and adolescents is committed by certain family circumstances and, in order to preserve their superior interest, and prevent the situation from aggravating or deriveing in the separation of their family and their surroundings, it is established that the valuation and intervention of this risk situation corresponds to the competent public administration.
In section two.ª This chapter II regulates the other two protection actions, that is, the declaration of helplessness and the exercise of the guard, with special reference to the figure of the provisional guardian.
The declaration of a situation of helplessness and, consequently, the assumption of guardianship will respond to the instruction of a regulated administrative procedure, being an advance in this law the establishment of concrete and very delimited deadlines.
The other protection action that is collected is the guardian that is exercised by the public entity as a result of the assumption of a guardianship, or by judicial decision or at the request of its parents.
As a novelty, and in line with Law two6/two015, of July two8, the new provisional guardian figure stands out, which is assumed by the public entity, when it deems it, to exercise the protection of a minor, orWhen you consider that it is necessary.The deadlines to agree and keep it in force are especially short, as corresponds to a precautionary situation that has to be resolved with diligence so as not to violate rights of the people involved, both parents and children.
A residential care model is defined where the quality and warmth of the actions prevail, the monitoring of models of excellence in the management of minors protection centers and the importance of social collaboration to offer minor people experiences experiencespositive family life and enjoy leisure and free time.In addition, larger limits are established than in state regulations, and this, in coherence with the committed commitment from this autonomous community for family care.
So that the public entity may not agree on this measure when it comes to children under thirteen, unless exceptionally a family alternative is not possible, in which case it may not have a duration of more than three months for children under seven years of age, orsix months for those over seven years old, and the actions aimed at their integration into a family nucleus must prioritize during these deadlines.Strengthening this approach, the age for admission to specific protection centers of minors with behavior problems is limited, establishing that, in no case, these centers can be entered with an age lower than the thirteen years.
Finally, in this title V the mandate indicated in articles eleven is complied with.4 y twotwo bis de la Ley EITHERrgánica 1/1996, de 15 de enero, donde se establece que las Entidades Públicas ofrecerán programas de preparación para la vida independiente para menores que se encuentren con una medida de protección, y que comenzarán al menos dos años antes de la fecha en la que se alcance la mayoría de edad.They will be actions aimed at enhancing their training, they will be extended to twenty -five years with a commitment from the beneficiary of the program of the program.
It is a novel regulation the obligatory nature of the posedivitive follow -ups, both for national and international adoption, with a periodicity at least semiannual.In international adoption, these follow -ups will take place in the event that the country of origin of the adopted minor does not provide for reports or their number is lower than the established one.Failure to comply with the posedivities can lead to the declaration of non -suitability for adoption or even family care for those who subsequently offered, in addition to being considered an administrative infraction.
Apart chapter deserves in this title the regulation of specific actions aimed at the minors who are under the guardianship or guardian of the Administration of the Junta de Andalucía in two key areas for an agile intervention with these minors, that is, that is, education and health.They are positive action measures whose purpose is that, when a protection measure is adopted by the public entity, the integration of the minor, or in the cozy family, or in the center protection center where it will enter,be as fast as possible.In the educational field, the training and awareness of the educational community towards the knowledge of the possible emotional disorders that minor people who have been received and adopted can present, because their vital experiences are not like those of other minor people withThose who share learning.It is very important that they work from the perspective of an inclusive and emotional education, keeping in mind the special educational needs of all.| The title VI articulates the sanctioning regime divided into three chapters.The regulation of infractions and sanctions, so extensive, is motivated by the insufficiency of regulation that in Law 1/1998, of April two0, sometimes hindered the exercise of the sanctioning power.
With regard to the additional provisions, it should be noted that the management, guarantee and sustainability of the childhood and adolescence protection system in Andalusia is provided, the elaboration within twelve months of a program specialized in childhood and adolescence for peoplePublic employees who work in the field of minors, adaptation within six months of the contents of this Law to Easy Read.
Finally, the law contains a transitory provision, a repeal and concludes with seven final provisions, including the modification of Law 18/two003, of December two9, on fiscal and administrative measures, with the aim of expanding the scopeof the evaluation reports of the Childhood Rights Approach in the processing of the regulations of the Autonomous Community of Andalusia and Law 1/two009, of February two7, regulatory of family mediation in the Autonomous Community of Andalusia, establishingthat mediation is free for conflicts that arose between the people received and the families of origin or cozy.
TÍTULEITHER IDisposiciones generales
CAPÍTULEITHER IEITHERbjeto y ámbito de aplicación
Artículo 1 EITHERbjeto
It is the object of this law:
Article two scope of application
This law is applicable to all persons under eighteen who are in the territory of the Autonomous Community of Andalusia, unless, by virtue of the law that is applicable to them, they have previously reached the age of majority.
CAPÍTULEITHER IIPrincipios rectores
Article 3 Higher interest of the minor
1. In accordance with the provisions of the legal system, the best interests of the minor person is the inspiring principle in all the policies and actions of the Public Administrations of Andalusia.
two. The Andalusian regulations will be prepared and applied under the focus and perspective of childhood and adolescence, decisions will be taken by valuing the impact on girls, boys and adolescents, and all public policies will be directed towards them and they, always prevailing their interestsuperior about any other legitimate interest with which he can attend and there would be conflict.
Article 4 Social value of childhood
The social value of girls, boys and adolescents is recognized as people who make an affective, cultural and ethical contribution to the social flow, and whose prominence, creativity and active positioning enrich collective life.Its presence in public spaces and organizations represents a fundamental indicator of quality of the social environment.The social value of childhood, will not only be based on the consideration that they will be adults, but refers to the present experience of being children and adolescents and vitally enjoying their condition.
Article 5 Participation
The participation of girls, boys and adolescents will be encouraged in the construction of a more just, solidarity and democratic society, knowledge of reality and the discovery of the problems that affect them and their possible solutions in all areas, especially in thefamily, social, educational and health field.
Article 6 Promotion of Securities
The Public Administrations of Andalusia and, especially, the educational and audiovisual field will encourage girls, boys and adolescents, and in their families, tolerance values, solidarity, respect, equality and, in general, the democratic principles of coexistenceand interculturality.
Article 7 Equity
The Public Administrations of Andalusia will carry out inclusive policies that allow all girls, boys and adolescents to develop in equal conditions, supporting interventions aimed at breaking the intergenerational cycles of inequality and discrimination, for which they must attend and compensate for all kinds ofshortcomings and diversity of any kind and nature.
Article 8 Intergenerationality
The Public Administrations of Andalusia will promote intergenerational programs, programs and actions that contribute experiences to adults and minors, promoting interculturality, diversity, joint learning and mutual enrichment.
Article 9 Promotion, prevention, protection and support for the family
1. Children and adolescents have the right to grow in an adequate family environment for their development, so this law will prevail in their family environment, unless this permanence is contrary to the best interests of the minor person.
two. Fathers, mothers and tutoring, guarding or cozy in the first place and simultaneously or subsidiarily, all public administrations, entities and citizenship in general, must contribute to the obligations, competences and responsibilities that the legal system assigns them, in thePersonal, family and social areas.
3. The Public Administrations of Andalusia will integrate into their policies, plans and actions for the promotion, prevention and support of families and will grant the necessary protection and attention so that they can fully assume their responsibilities as a group and natural environment for the proper growth and well -beingof girls, boys and adolescents.
Article 10 Integral prevention and protection against any form of violence
1. Public administrations, within the scope of their competences, will promote all areas to be safe environments for children and adolescents, and protect them against any form of violence.
two. For the purposes of this law, violence, omission or negligent treatment that deprives the minors of their rights and well -being, that threatens or interferes with their orderly physical, psychic or social development is understood as violence, regardless of their form, regardless of their form, regardless of their form in their formand average commission, including those carried out through information and communication technologies, especially digital violence.
In any case, physical, psychological or emotional abuse, physical, humiliating or denigrant punishment, negligent carelessness or treatment, threats, insults and slander, exploitation, including sexual violence, corruption, pornography, pornography, pornographyInfant, prostitution, bullying, sexual bullying, cyberbullysexual extortion, public dissemination of private data, as well as the presence of any violent behavior in their family scope.
3. Good treatment is understood as the effects of this law, respecting the fundamental rights of children and adolescents, actively promotes the principles of mutual respect, dignity of the human being, democratic coexistence, peaceful solution of conflicts, the right toequal protection of the law, equal opportunities and prohibition of discrimination of children and adolescents.
4. Comprehensive protection measures will be established to prevent, detect, attend, repair to sanction and eradicate any form of violence.
Article eleven Procedural guarantees
The decision making that affect girls, boys and adolescents will be carried out through effective and agile procedures, according to the principles of procedural economy and transparency, adapted to the characteristics and needs of the minor person, their circumstances and their rights, their rights, their rights, their rights, their rights,avoiding duplicities and revictimization processes.
Artículo 1two Políticas integrales
1. The Public Administrations of Andalusia, in the areas that are their own, will articulate comprehensive public policies aimed at the full development of childhood and adolescence.
two. The Public Administrations of Andalusia must take into account the needs of girls, boys and adolescents when exercising their competences and establishing the control and monitoring mechanisms in all sectors that are their own, especially, healthy and balanced eating, consumption, housing, housing,Education, Health, Social Services, Justice, Citizen Security, Culture, Sports, Shows, Leisure and Free Time, Media, Information and Communication Technologies, Advertising, Urban Design, Transport and Free Spaces.
3. The Public Administrations of Andalusia will introduce the functional diversity in the planning, development and evaluation of the measures they adopt in relation to the minors, taking into account the specific needs in all the actions and the programs aimed at them.
4. The Public Administrations of Andalusia must make possible the involvement of citizens and their associations in the elaboration, application and monitoring of comprehensive public policies and transverse plans on childhood and adolescence.
Article 13 Gender Perspective
The Public Administrations of Andalusia will introduce the gender perspective in the planning, development and evaluation of the measures they adopt in relation to girls, boys and adolescents, in all actions and programs aimed at minors and with special attentionto inequality and/or discrimination due to sex, sexual orientation and gender identity.
Article 14 Intercultural perspective
The Public Administrations of Andalusia will introduce the intercultural perspective in the planning, development and evaluation of the measures they adopt in relation to girls, boys and adolescents, in all actions and programs aimed at minors and with special attention toinequality and/or discrimination due to nationality, origin or administrative situation, both of children and adolescents and their relatives, in all areas, especially in the family, health, social, educational and system in the system ofprotection.
Article 15 Budget Priority
The actions in the field of promotion, prevention, protection, training, leisure and integration of childhood and adolescence will have a priority character, with special attention to the eradication of violence and the fight against poverty in childhood and adolescence.
In order to guarantee the rights recognized in this law, the Andalusian Public Administrations will consign in their budgets the necessary and sufficient credits for the financing of these actions.
CAPÍTULEITHER IIIPlanificación
Article 16 Actions, Resources and Evaluation Planning
1. The action of the Public Administrations of Andalusia in the field of attention and protection of childhood and adolescence will be developed in accordance with a planning of their policies, defining the objectives that are intended to be achieved, indicating geographical, population and social indicators to be incount and draw the processes to follow to achieve those objectives.
two. This planning will address the criteria of transversality and interdisciplinarity and will be subject to the principles and obligations of public transparency.
3. The resources available to the Public Administrations of Andalusia will be managed according to the criteria of decentralization and/or deconcentration, so that the participation and good practices of the different institutions are favored, whether public or private, and the proximity ofAdministration to citizens.
4. The planning of public administrations will be subject to evaluation in order to assess and analyze the effectiveequality and non -discrimination, evaluating the results obtained from the assigned objectives and the resources set at your disposal, and must have indicators for correct evaluation and monitoring.
5. Children and adolescents must participate in planning and evaluation.
Article 17 Plan of Children and Adolescence of Andalusia
1. The Ministry of the Administration of the Junta de Andalucía with competencies in childhood and adolescence and in accordance with the guiding principle established in this Law of Planning of the actions, will have an childhood and adolescence plan that determines public policies to achieve theWelfare and quality of life of girls, boys and adolescents.This plan will be made public and its evaluation must be taken into account for the elaboration of public policies.
two. The inclusion of the perspective of childhood and adolescence in public policies and the reinforcement of measures to guarantee the exercise of the rights of girls, boys and adolescents will be the foundation of the childhood and adolescence plan of Andalusia.
3. The transversality of childhood and adolescence and the co -responsibility of society in this area, assumes that this plan will have the collaboration of all the public administrations of Andalusia and with the participation of citizenship, entities of social initiative, and especially with childhoodand adolescence.This plan will address, with special interest the family, educational, health, social services, public systems for childhood protection, new technologies, sports and leisure.
4. The Childhood and Adolescence Plan will last four years and will be approved by the Governing Council of the Junta de Andalucía, together with the budget forecast, will be subjected to monitoring and evaluation, and sent to the Parliament of Andalusia for its debate in the debate in theCamera.
CAPÍTULEITHER IVGestión del conocimiento e investigación
Article 18 Information System and Indicators on Children and Adolescents
1. The administration of the Junta de Andalucía will be provided with a unique system of information and indicators on the different spheres of the life of girls, boys and adolescents that will include both the impact on the quality of life and positive development, and the identification of needsand problems.
two. This system of indicators, as an essential instrument for the planning and development of transversal policies, will incorporate the specific vision of girls, boys and adolescents, and will have as its purpose the political and strategic decision making on childhood and adolescence.
3. In the definition of the indicator system, the statistical and cartographic information generated by the statistical and cartographic system of Andalusia will be taken into account.Regulation will be determined by the organization, sources of information, management and form of system access.
Article 19 Research and Knowledge Management
1. The Public Administrations of Andalusia, in their field of action, will promote the development of research and studies of knowledge in childhood and adolescence and the founded creation of strategies and intervention methods for the development of programs based on scientific evidence, thussuch as the supervision, evaluation and dissemination of knowledge about materials related to childhood and adolescence that promote their optimal development.
two. The Public Administrations of Andalusia will include among the priorities of their R&D plans and strategies, innovation and development, the impulse of the well -being and quality of life of girls, boys and adolescents, with special attention to quality improvement strategiesof life of those minors who are in vulnerability situation.
Artículo two0 Cualificación de las personas profesionales
1. The Public Administrations of Andalusia will guarantee the initial and permanent training, and will promote the training of professionals from all areas and systems that attend and intervene with childhood and adolescence to achieve their specific qualification and strengthen their innovative capacity.
two. The Administration of the Junta de Andalucía, in coordination with the Ministry responsible for childhood, will contemplate training programs aimed at all personnel of the Public Administrations that attend to this population, incorporating in it the gender perspective, and affecting themabout prevention and protection against violence.
3. Access to public function in the Autonomous Community of Andalusia will include subjects in which the perspective of childhood and adolescence rights is contemplated.
4. Specialized training in childhood and adolescence will be promoted in professional associations, scientific field entities, and public and/or private entities whose purposes are related to the object of this law.
Artículo two1 EITHERbservatorio de la Infancia y Adolescencia de Andalucía
1. El EITHERbservatorio de la Infancia y Adolescencia de Andalucía, como órgano colegiado de carácter prospectivo analítico y consultivo, adscrito a la Consejería competente en materia de infancia, desarrollará las actuaciones de investigación, formación, documentación y seguimiento estadístico de los temas relacionados con la infancia y adolescencia, así como la gestión de fuentes de información que permitan el adecuado conocimiento, análisis técnico, seguimiento y evolución de los asuntos relacionados con los derechos y la atención a este grupo social.
two. El EITHERbservatorio de la Infancia y Adolescencia de Andalucía participará en la ejecución, desarrollo y evaluación del Plan de Infancia y Adolescencia de Andalucía.
3. El EITHERbservatorio de la Infancia y Adolescencia de Andalucía desarrollará informes sobre el estado de la infancia y adolescencia en Andalucía en diferentes áreas de interés que afectan a la infancia y adolescencia, con especial referencia a la violencia y la pobreza infantil.
TÍTULEITHER IIDe la distribución de competencias, de la colaboración, coordinación y participación
CAPÍTULEITHER IDe la distribución de competencias en la Comunidad Autónoma de Andalucía
Artículo twotwo Competencias de la Administración de la Junta de Andalucía
The administration of the Junta de Andalucía will exercise the following functions:
Artículo two3 Competencias de las Entidades Locales
1. Las Entidades Locales de la Comunidad Autónoma de Andalucía ejercerán las competencias propias en materia de servicios sociales que les atribuyen el Estatuto de Autonomía para Andalucía, la Ley 5/two010, de eleven de junio, de Autonomía Local de Andalucía, y la Ley 9/two016, de two7 de diciembre.
two. Local entities are competent for the prevention, detection, assessment, intervention and finally for the formalization of the declaration of risk situation in accordance with articles 87 to 91 of this law.
3. Local entities will develop comprehensive and transverse plans for childhood and adolescence care in the field of their territory and competitions.
4. Local entities will develop actions to incorporate child and adolescent participation in their territorial and competence scope.
5. De conformidad con lo dispuesto en Ley 9/two016, de two7 de diciembre, de Servicios Sociales de Andalucía, las Entidades Locales de la Comunidad Autónoma de Andalucía desarrollarán el mapa de recursos, el plan estratégico y el catálogo de prestaciones que den respuesta a las competencias asignadas por esta ley.
CAPÍTULEITHER IIDe la garantía de los derechos de las niñas, niños y adolescentes
Artículo two4 Defensoría de la Infancia y Adolescencia de Andalucía
1. The Institution of the Office of the Childhood and Adolescence of Andalusia has the mission.
two. The head of the institution of the Andalusian Ombudsman will also exercise the functions of the Office of the Childhood and Adolescence of Andalusia, in accordance with the provisions of this Law.
Artículo two5 Funciones de la Defensoría de la Infancia y Adolescencia de Andalucía
1. The following functions correspond to the Ombudsman's Office of Children and Adolescents:
two. For the performance of their functions, the head of the Ombudsman or people at the service of the institution in which Delegue will have access without any reserve to all files that affect the minors.
3. When girls, boys and adolescents have been in guard and guardianship by the administration of the Junta de Andalucía, these functions will be extended to the follow -up period after the age of majority and participation in preparation programs for independent life.
4. The Ombudsman will present annually before the Parliament of Andalusia a report on the management carried out.Likewise, you may submit special reports of specific contents about those situations that you consider necessary for the best defense of the rights of minors and, when the urgency or severity of the facts advises it, you may submit an extraordinary report.
Artículo two6 El Ministerio Fiscal
In accordance with the provisions of the legal system, the Fiscal Ministry is the depositary of the obligation to act in defense of the interests of minors, knowing of all those situations and actions that threaten or may attempt against rights and thephysical or moral integrity of these.In addition, it exercises the superior surveillance of the protective actions of girls, boys and adolescents adopted by the Public Administrations of Andalusia.
CAPÍTULEITHER IIIDe la colaboración y coordinación
Artículo two7 Colaboración y coordinación con las Entidades Locales
1. The administration of the Junta de Andalucía and the local entities of Andalusia will establish collaboration mechanisms to guarantee a coordinated action in the field of promotion, prevention and protection of girls, boys and adolescents.
two. To this end, they will develop joint action protocols and articulate the necessary material, technical and professionals that favor comprehensive care to the needs of childhood, adolescence and families.
3. This collaboration will include the exchange of information between the different public administrations.
4. Local entities may facilitate the location of new preventive, residential and reception resources, through the offer of land or dotational homes for public use, or other means, in accordance with urban planning and current regulations.
Artículo two8 Colaboración y coordinación con otras administraciones
1. The Administration of the Junta de Andalucía will establish instruments and procedures for collaboration and coordination with the General State Administration, the Administration of Justice and with the administrations of the Autonomous Communities, for the management and fulfillment of the competences related to the care of the attention of the attention of the attention of theChildhood and adolescence.
two. Collaboration and coordination will provide an effective action in the fields of prevention, early detection, immediate comprehensive care and repair against violence over children and adolescents.
3. Andalusian public administration will promote actions to exchange information, knowledge, experiences and good practices among public administrations.
Artículo two9 Comisiones de infancia y adolescencia
1. In order to promote coordination and collaboration between the different public administrations and the social initiative entities involved in this area, the childhood and adolescence commissions will be constituted, in the provincial and local fields.
two. They will be constituted as collegiate bodies and will be composed of professionals from administrations and social initiative entities related to childhood and adolescence, with the main functions of developing comprehensive plans and actions, coordinating, promoting and promoting local preventive networksand the impulse of the model of good treatment of girls, boys and adolescents.
3. The administration of the Junta de Andalucía at the provincial level and local entities at the municipal sphere will regulate their territorial delimitation, composition and operation.
4. The Administration of the Junta de Andalucía will promote interprovincial coordination, promoting those plans, actions and models of action of the provincial and local commissions that have a positive evaluation with quality, agility and efficiency criteria.
Article 30 The Social Initiative
1. The Public Administrations of Andalusia, within the scope of their competences, will promote the social initiative for the development of activities in the field of promotion, prevention, attention and protection of childhood and adolescence.
two. The necessary channels will be established for coordinated and joint action, between the different public administrations and the entities related to childhood, adolescence and families.
Article 31 Entities providing social services in childhood and adolescence
Las entidades de iniciativa social y las entidades con ánimo de lucro definidas en el artículo 3 de la Ley 9/two016, de two7 de diciembre, para colaborar con las administraciones públicas de Andalucía en la prestación de servicios en materia de infancia y adolescencia, deben estar constituidas legalmente e inscritas en el Registro de Entidades, Centros y Servicios Sociales y reunir los requisitos que a tal fin se establezcan reglamentariamente.
Artículo 3two Familias acogedoras y familias colaboradoras
1. Cozy and collaborating families will cooperate with the administration of the Junta de Andalucía in the exercise of their protection functions, seeking comprehensive care and the improvement of the quality of life of girls, boys and adolescents who are under tutoring orGuardian of the Administration of the Junta de Andalucía, through its integration into a family nucleus temporarily or stable.
two. Public Administration will guarantee professional advice and support, as well as continuing training, to cozy and collaborating families for the correct development of their functions, and thus respond to the specific needs of the minor people received.
3. Public administration will encourage the participation of associations that represent these families.
Article 33 Collaboration of security forces and bodies
1. The Unit of the National Police Corps attached to the Autonomous Community of Andalusia will provide the necessary collaboration and police aid.
two. The aforementioned unit can be integrated into the programs and protocols for the action of social, health, educational and judicial services in the areas of promotion and prevention of the well -being of girls, boys and adolescents.
Article 34 Social Media
1. Social media, entertainment and social networks must contribute to the promotion of educational and training values included in this law in those programs aimed at childhood and adolescence.
two. The development of content and awareness campaigns that facilitate a positive vision of childhood and adolescence and its diversity, which promote good treatment, positive parentality, and that foster knowledge of family care andthe collection of cozy, collaborative and adopted families of children and adolescents.
3. They must pay special attention not to disseminate violent content or that may assume revictimization processes of girls, boys and adolescents.
4. In the children's programming strips, scenes or messages that encourage violence, hatred, racism, xenophobia, lgtbifobia, dysphobia, machismo or any other type of discrimination, or that harm their physical, mental, mental development will not be broadcast.and moral.The issuance of these contents, both in programs and in spaces dedicated to the promotion of the programming itself, must be clearly noticed, through an auditory and visual indication.
5. Public Administrations will promote the conclusion of training agreements for the entire journalistic profession.
Article 35 Universities of Andalusia
1. The universities of Andalusia will develop initiatives for the training of students in the knowledge of the needs of childhood and adolescence and the promotion of their rights, promoting the incorporation of these competences in the curricula of the degrees and postgraduates in which it is appropriate.
two. They will also encourage, in collaboration with the rest of the Public Administrations of Andalusia, the realization of research and reports on the social situation of childhood and adolescence, on the promotion, prevention and protection of minors, training of professionalsand the design and evaluation of the best intervention strategies.
CAPÍTULEITHER IVÓrganos consultivos y de participación
Article 36 Adult and Adolescence Advisory Council of Andalusia
1. The Advance and Adolescence Advisory Council is a collegiate administrative, advisory and advisory administrative participation body of Andalusia Public Administrations in matters referring to childhood and adolescence assigned to the Ministry responsible for childhood and adolescence, which will inform about referred mattersTo childhood and adolescence subject to your consideration, prepare reports and make proposals to your own initiative.
two. The Infancy and Adolescence Advisory Council will have among its functions:
3. Its composition, where people of recognized prestige and extensive professional experience in childhood and adolescence will be, and operating regime will be determined regulation.
Article 37 Andalusian Council of girls, boys and adolescents
1. The Andalusian Council of girls, boys and adolescents, is an organ of citizen participation and will be attached to the Ministry responsible for childhood and adolescence.
two. The Andalusian Council of girls, boys and adolescents will have the following functions:
3. Regulation the Ministry responsible for childhood and adolescence will determine its composition, consisting of girls, boys and adolescents and their operating regime, as well as the deadline for its constitution.Inclusive resources and mechanisms will be enabled, adapted to the limitations, capacities and personal maturity of the minor members of this citizen participation body.
4. People representatives of this body may go as full members to the sessions of the Advance and Adolescence Advisory Council and the commissions of childhood and adolescence, both on their own initiative, as well as at the request of any of the latter.
TÍTULEITHER IIIDe la promoción del bienestar de la infancia y adolescencia
CAPÍTULEITHER IDisposiciones generales
Article 38 Promotion and dissemination of rights and duties
1. The promotion of childhood and adolescence is understood as the promotion of childhood and adolescents that aim to boost the knowledge, dissemination and exercise of their rights, sensitize society about the needs of the child and adolescent population, and favor their participation in allthe decisions that affect them.
two. The promotion of these rights and duties will be carried out with the collaboration of social and social agents entities, and social media.
3. The work of the media, entities or people that have distinguished themselves in the dissemination, respect and protection of the rights of girls, boys and adolescents will be publicly recognized.
Article 39 Rights Protection
De conformidad con lo regulado en la Ley EITHERrgánica 1/1996, de 15 de enero, las administraciones públicas de Andalucía, en el ámbito territorial y funcional que les corresponda, velarán para que las niñas, niños y adolescentes gocen, en el ámbito de la Comunidad Autónoma de Andalucía, de todos los derechos y libertades que tienen reconocidos por la Constitución, el Estatuto de Autonomía para Andalucía, la Convención sobre los Derechos del Niño y demás acuerdos internacionales ratificados por España, así como por el resto del ordenamiento jurídico.
Article 40 Defense of Rights
1. Las niñas, niños y adolescentes, para la defensa de sus derechos, podrán personalmente, a través de su representante legal, o acompañados de una persona mayor de edad de su confianza, además de las actuaciones recogidas en la Ley EITHERrgánica 1/1996, de 15 de enero:
two. Public administrations, to guarantee the right to be heard and heard, will have personnel trained in childhood rights.
Article 41 Promotion of personal and full development
1. The Public Administrations of Andalusia will promote parenting in the family framework of girls, boys and adolescents, will seek full development of their potentialities at the psychophysical, emotional, ethical and social level, and will ensure that families have resources, means and media andnecessary competences.To do this, they will actively act with risk groups, in order to avoid inequalities and discriminatory situations to achieve their integral well -being and full knowledge of their rights and responsibilities.
two. At the same time, the Public Administrations of Andalusia will seek the necessary conditions that allow childhood and adolescence to establish and maintain social and personal relations between equals and within the framework of all its development environments.
Artículo 4two Día de la Infancia en Andalucía
En conmemoración de la aprobación, por la Asamblea General de Naciones Unidas, de la Convención sobre los Derechos del Niño en 1989, se declara el día two0 de noviembre de cada año como Día de la Infancia en la Comunidad Autónoma de Andalucía.
CAPÍTULEITHER IIDe los derechos
Article 43 Right to identity
1. Every minor has the right to have their identity and to be recognized through their registration in the Civil Registry.Likewise, public and private health centers where births will establish the necessary guarantees for the unequivocal identification of newborn girls and boys and their registration in the corresponding administrative registry.
two. When those who have the obligation to register the birth of a girl or boy in the Civil Registry did not do so, the Administration of the Junta de Andalucía will perform the appropriate actions to achieve such registration.
3. Any minor who is living or in a transit situation in the Andalusian territory has the right to their identity, especially immigrants and refugees, of which public administrations, the Fiscal Ministry and the Security Forces and Bodies will be guarantors.
4. When a minor protected by the regional administration will not have nationality, the Public Protection entity will proceed to urge Spanish nationality, according to current legislation.
Article 44 Right to gender identity
1. Girls, boys and adolescents have the right to preserve and develop their own personal identity and idiosyncrasy, including their identity and gender expression.
two. Girls, boys and adolescents whose gender identity or the way they express it does not coincide with the sex assigned to birth, they have the right to develop physically, mentally and socially in a full healthy way, as well as in conditions of freedom and dignity. Ello incluye la determinación y el desarrollo evolutivo de su propia identidad de género y el derecho a utilizar libremente el nombre que hayan elegido en los términos previstos en la Ley two/two014, de 8 de julio, integral para la no discriminación por motivos de identidad de género y reconocimiento de los derechos de las personas transexuales en Andalucía y de conformidad con la normativa estatal vigente.For this, parents, mothers, tutors or legal representatives will facilitate and collaborate with the competent administrations.
3. The administration of the Junta de Andalucía will ensure the exercise of this right and the special protection that these girls, boys and adolescents need in relation to their specific circumstances to ensure their proper personal and social development according to their gender identity.
Article 45 Right to development and growth within the family
1. Girls, boys and adolescents have the right to be careful and develop, in a healthfamilies in situations of dependence, disability, vulnerability, high adversity, or social exclusion.
two. The Public Administrations of Andalusia will seek the right of girls, boys and adolescents to live with their family of origin and to relate to it, provided that it does not imply a risk for their physical and/or emotional integrity, prevailing their best interests on any other interestlegitimate, so that, in cases of adoption of a protection measure that implies the separation of their family nucleus, they will assess the possibility of their family reunification if the favorable circumstances for this occur.
3. If the circumstances of the girl, boy or adolescent are valued, their reunification was not possible within her family of origin, a family alternative will be assigned through the measure of family integration most appropriate to her needs.If there is no viable family alternative, a residential foster care measure will be adopted, ensuring that it is provisional and for the shortest possible duration, always subjecting the interests of childhood and adolescence.
Article 46 Right to honor, personal privacy and the image itself
1. The Public Administrations of Andalusia will ensure, in the exercise of their competences, because the right to honor, personal privacy and the image of girls, boys and adolescents are respected.Especially those minor persons who are in a situation of vulnerability and in a situation of nonsense will be taken into account.
two. In the protection of this right, special care in their personal data will be provided, a duty of reserve by the professional persons who are knowledgeable thereof in the exercise of their professional function, of cozy people or the collaborating persons being requiredWith the public entity, as well as by the media.
3. Who knows of the dissemination of information or personal images related to girls, boys and adolescents, as well as their storage by media, social networks or any other means that is considered an illegitimate interference in this right, must put it inKnowledge of the Fiscal Ministry.
4. In the best interest of the child, information campaigns will be promoted to families in the use of videos or photographs of minor people on the Internet and social networks, in order to eradicate the bad praxis of sharing the image of girls, boys or adolescents and that cangive rise to bad uses.
5. In cases of violence on childhood and adolescence, special emphasis will be placed on the respect and protection of this fundamental right of victims and other family minors or relatives, even in cases of death or traumatic disappearance.The dissemination of the image of the person or minor persons must be expressly authorized by their parents or their heirs.
Article 47 Right of the minor person to be heard and heard
1. De conformidad con lo establecido en el Código Civil y en la Ley EITHERrgánica 1/1996, de 15 de enero, toda niña, niño o adolescente tiene derecho a ser oído y escuchado en todas las cuestiones que le afecten en su ámbito personal, familiar y social, garantizándoles a tales efectos cuando corresponda el derecho a una asistencia jurídica gratuita.
two. Public Administrations will guarantee this right and that their opinion is taken into account in all those matters and decisions that affect them and that are settled in administrative or judicial procedures.
3. The exercise of this right will have an individual dimension.It is not necessary that the girl, boy or adolescent have exhaustive knowledge of the matter raised, it is enough that he has a sufficient understanding that allows him to discern and express his opinion freely.The competent public administrations will ensure that, in the exercise of this right, the necessary conditions of discretion, intimacy, security, absence of pressure and adaptation to the situation are respected.
4. Girls, boys and adolescents with disabilities will have all necessary means to facilitate their communication whether verbal or nonverbal.
5. Public Administration will have the systems or media that allow you to hear and listen to the opinion of whom your language implies a barrier that hinders or prevents the exercise of this right.
6. The right to be heard implies that when the measure is not adopted or the decision is not made in the terms manifested by the girl, boy or adolescent, in the resolutive motivation all the circumstances referring to the case must be reflected, with the argumentation of thisPosture, not enough general considerations.
Article 48 Information Law
1. The girls, boys and adolescents who are in the Autonomous Community of Andalusia have the right to access all truthful and plural information that affects their interests, rights, personal, emotional and social well -being in a language that is adequate, understandable and adapted toyour age and capacity.
two. The Public Administrations of Andalusia, within the scope of their competences, will promote the production and dissemination of informative materials, as well as promote and guarantee actions tending to inform them of how many duties and rights attend them.
3. The Andalusian Audiovisual Council will enhance the fulfillment of this right within the scope of its competences, promoting education in values and creativity of children and adolescents.
Article 49 Right to health and health care
1. The Public Administrations of Andalusia will guarantee the right to health of girls, boys and adolescents, promoting health education, including the right to access proper information to a healthy life and a balanced and nutritionally adequate diet, and providing thenecessary health care.
two. Health care for each girl, boy or adolescent who is in the Autonomous Community of Andalusia will be comprehensive and adapted to their specific needs and circumstances, having guaranteed access to the specialties and resources of the Public Health System of Andalusia, especially thevaccines that are necessary to prevent diseases.They will have the right to reduce pain and suffering, with the application of palliative care adapted to childhood.
3. Girls, boys and adolescents have the right to receive health care with respect to ethical, cultural and religious beliefs in accordance with the provisions of state basic legislation and the rest of current application regulations.
4. Girls, boys and adolescents have the right to receive differentiated healthcare in friendly spaces separated from adults and adapted to their needs and characteristics derived from their age, stage of development and nature of their health problems.
5. Girls, boys or adolescents who have suffered any form of violence, gender violence, trafficking in human beings and female genital mutilation will receive from the public health system the necessary attention for their integral recovery, establishing, by establishing, by the administration of the administration of the administration of the administration of theJunta de Andalucía, the necessary means for it.
6. Girls, boys and adolescents with mental health problems have the right to specific care, which will be provided by professionals specialists in the field of the public health system.For this, the administration of the Junta de Andalucía will endow the necessary resources.Likewise, the scope of the public health system will address the training and improvements of the abilities and skills of families and sons and daughters with mental health problems and behavioral disorders.
7. Girls, boys and adolescents have the right to receive information about their health and the care processes that are adopted according to the diagnosis and treatment that the pathology suffers.The information will be transmitted in a language appropriate to its capacity and taking into account its emotional state.
8. Parents, mothers, tutoring, guarding, cozy or legal representatives, will be informed of everything that involves the health care that the girl, boy or adolescent needs, as well as the level of gravity.
9. During their hospital admission, girls, boys and adolescents have the right to be accompanied by their parents, mothers, tutoring or guardians or in whom they delegate, except in those situations in which the accompaniment is advised against by the sanitary protocols.
10. Girls, boys and adolescents have the right to continue their educational training in both hospital and home treatment.
eleven. Spaces in hospital centers will be enabled where cultural, play or entertainment educational activities that are appropriate to their age can be developed.
1two. The Ministry responsible for health will enable the mechanisms and communication channels that collect and channel any type of initiative, suggestion, recommendation or complaint that girls, boys and adolescents make to the field of health and health care.
Article 50 Right to education and educational care
1. Girls, boys and adolescents are entitled, through an inclusive and emotional education of quality, to achieve the maximum possible development of all their individual and social, intellectual, cultural and emotional capacities, and in safe and comfortable educational centers that foster thelearning.
two. The competent education in education will guarantee access to it of girls, boys and adolescents in conditions of equity and will arbitrate, depending on their needs, the appropriate measures so that students with specific educational support needs have the resources availablenecessary educational.
3. It will be one of the fundamental objectives of education for the training for the exercise of citizenship, within the framework of the principles of freedom, tolerance, solidarity, equity and non -discrimination due to age, sex, sexual orientation, ethnicity, social class, religion, disability and cultural diversity, and the promotion of respect for all people.
4. Girls, boys and adolescents have the right to make their parents, mothers and tutors, guardians, welcoming or legal representatives to school in a center of the Andalusian education system.
5. Creation will be promoted in the educational centers of programs that promote the acquisition of parental competencies and school schools to reflect on the education of sons and daughters and the differential characteristics of each evolutionary stage.
6. The participation of students in their community and the assumption of their responsibilities in the educational, family and social field will be promoted.
7. The Ministry responsible for education will enable the mechanisms and communication channels that collect and channel any type of initiative, suggestion, recommendation or complaint that girls, boys and adolescents carry out in the field of education.
8. The Ministry responsible for education, in collaboration with the different administrations and social agents, will promote schooling from zero universal and free years.In any case, priority will be given to the areas of lower socioeconomic level and, in general, to students with specific educational support needs.
9. The Andalusian education system will promote the formation of girls, boys and adolescents in the knowledge and exercise of their rights, as well as the duties that accompany them.
10. The Ministry responsible for education, in the cases of alteration or rupture of the educational process will provide an educational orientation according to these circumstances.
eleven. School coexistence will be transverse axis in each and every one of its educational stages, including the professional staff necessary both to guarantee quality education and to detect development difficulties, in order to offer an early intervention with the girl, the boy andThe teenager.
Article 51 Right to Social Services and Social Attention
1. The Public Administrations of Andalusia will guarantee all minor persons the right to social services and their attention in the Public Social Services System of Andalusia.This attention will be paid in friendly spaces adapted to children and adolescents.
two. Minors have the right to receive information about their social situation and the care and intervention processes that are adopted according to the diagnosis and treatment that their sociofamily situation entails.The information will be transmitted in a clear language, appropriate to your age.It will be counted in the communication of information with the opinion of their parents, mothers, tutoring or wardroads, unless contrary to the best interests of the child.
Parents, mothers, tutoring or wardrobe people will be informed of everything that involves the social attention that the minor person needs, provided that it is not contrary to the interests of the minor person.
3. Minors who have been declared at risk or helplessness and their families will receive, by social services, the necessary attention for their full recovery and integrity, seeking the public administrations of Andalusia the necessary means for it andthrough agile procedures and with the maximum possible speed.
4. The Public Administrations of Andalusia will provide children and adolescents with comprehensive social attention and must adopt the necessary coordination measures for this, all which will be developed regulation.
5. Los servicios sociales destinados a personas menores que sean prestados por la iniciativa privada se llevarán a cabo conforme a lo establecido en la Ley 9/two016, de two7 de diciembre.
Artículo 5two Derecho al desarrollo de la competencia digital
1. The Public Administrations of Andalusia will promote and promote digital and media literacy of girls, boys and adolescents, towards the new scenarios of interactivity and connectivity.
two. The competent bodies in childhood and adolescence, education, information and communication technologies, and in social media will promote accompaniment measures and develop intervention strategies that guarantee the necessary knowledge for a safe navigation online, and thatEduqueal to minors, fathers, mothers, tutoring and teachers in a responsible use of technologies and their contents.
3. The Public Administrations of Andalusia, in collaboration with the private sector and society, will promote the positive online contents and adapted to the needs of the different age groups, promoting between the industry Corregulation codes for the safe and responsible use of the Internet andin the development of products and services for children and adolescent public.
Article 53 Right to culture
1. The Public Administrations of Andalusia competent in culture will promote and guarantee access to culture from childhood and adolescence in equity conditions, adapted to the different stages of evolutionary development and capacities.
two. The Public Administrations of Andalusia will adopt measures that promote and facilitate the access of people during their childhood and adolescence to the historical, artistic, monumental, scientific, industrial, archaeological, ethnological heritage and the bibliographic and documentary heritage, as well as any other cultural equipmentthat contributes to the development of their cognitive, artistic and creative abilities, and the approach from an early age to culture.
3. The Public Administrations of Andalusia will adopt specific measures to promote the reading and stimulus of literary creation, dissemination and knowledge of the plastic and combined arts, theater, music, dance and flamenco, cinema and audiovisual arts.They will also adopt measures that facilitate access and knowledge of their culture to girls, boys and adolescents who reside or are temporarily in Andalusia and are from another nationality or origin.
4. The Public Administrations of Andalusia will carry out a work of dissemination of culture, knowledge, values and history of Andalusia and the various forms of artistic expression, especially aimed at girls, boys and adolescents, through the different means ofcommunication.
Article 54 Right to Sports
1. Girls, boys and adolescents are entitled physical education and to practice sports, in a safe environment, in conditions of equity and without any discrimination, understanding themselves as an essential habit for health, the improvement of the quality of life, well -beingsocial, training and its integral development.
two. The Public Administrations of Andalusia will promote the practice of sports activities, especially those most disadvantaged or social exclusion groups, so that it may be a support mechanism for inclusion.
3. In sports plans and programs for girls, boys and adolescents, mutual respect, solidarity, equity and non -violence will have as principles of action and promote gender equality in sports in sports.
4. The Public Administrations of Andalusia will ensure the protection of childhood rights against economic or other interests of sports entities and guarantee methods, schedules and dedication compatible with the characteristics, needs for integral development and, in general,For the interests of the minor person.
5. The Public Administrations of Andalusia will ensure the reconciliation of the practice of sport with the learning and family integration activities of the minor person.
6. The Public Administrations of Andalusia will have urban spaces for the exercise of sports activities, with the necessary equipment and facilities and adapted to the needs of childhood and adolescence according to their age and functional diversity.
Article 55 Right to a safe environment
1. Girls, boys and adolescents are entitled to adequate and adapted safe environments, so that the Andalusian public administrations must provide in their urban planning for conception, use and maintenance of these spaces and those that allow them the meeting,recreation, recreation and exercise of recreational activities with the necessary equipment and facilities, adapted to the needs according to their age and their abilities and enhancing, in these spaces, the development of healthy actions.
two. The Public Administrations of Andalusia will promote the route of itineraries that allow the usual displacements of girls, boys and adolescents, autonomously and in security conditions.
3. The Public Administrations of Andalusia will contemplate, in their urban approaches and in the maintenance of public spaces, the elimination of any type of barrier, physical or cultural, which limits the possibilities of participation of any group.
4. In the design and configuration of these safe spaces, girls, boys and adolescents will have the right to be heard, through the corresponding regional and local participation agencies.
Article 56 Right to child participation and associationism
1. The Public Administrations of Andalusia, and the social initiative entities related to girls, boys and adolescents, will promote their effective participation as an element of their social and democratic development.
two. The Public Administrations of Andalusia will create procedures and enable spaces that, on the one hand, guarantee responsible participation in the social, cultural and artistic life of their environment and, on the other, collect their demands and proposals.
3. The Public Administrations of Andalusia will encourage the creation of virtual participation spaces accessible to minor people, where in addition to expressing their opinions they can make proposals for improvement and suggestions on the performance of the different public administrations.
4. The Administration of the Junta de Andalucía will promote and collaborate in research and studies aimed at the analysis of new strategies and tools for child and adolescent participation, and its influence on the improvement of public policies.
5. The Public Administrations of Andalusia will promote child and youth associationism, which will include the right to the constitution of associations and the belonging to them, and will ensure that the legal system is respected and the learning of democratic principles and values is facilitated.
6. El ejercicio de este derecho de participación se desarrollará en el marco de lo regulado por la Ley 7/two017, de two7 de diciembre, de Participación Ciudadana de Andalucía.
Article 57 Right to a healthy environment
1. The Public Administrations of Andalusia will promote the full exercise of the right of girls, boys and adolescents to enjoy a healthy environment and not deteriorated in the territory of the Autonomous Community of Andalusia.To do this, they will promote and adopt the appropriate measures for their protection, conservation and improvement.
two. The administration of the Junta de Andalucía, in order to promote an education oriented towards respect for the environment and co -responsibility in the care of the environment, will encourage adequate collaboration channels and the commitment of the different public administrations and other sectors involved in Andalusia.
3. The competent education in education will include in the educational curriculum environmental education content.
Article 58 Right to game, rest, recreation and recreational, cultural and artistic activities
1. Girls, boys and adolescents are entitled to game as an essential element for their evolutionary development and socialization process.That is why the Public Administrations of Andalusia will ensure that the material and social conditions are given so that it can be exercised by these.
two. The administration of the Junta de Andalucía will guarantee and promote the right of children to rest, recreation, game, recreational activities, cultural life and arts, including children with disabilities and children in situations in situationsof social exclusion, to participate in recreational and recreational activities that are safe, accessible and inclusive, in places that can be reached using public transport and that are appropriate for their age.
CAPÍTULEITHER IIIDe los deberes de las niñas, niños y adolescentes
Article 59 The duties of girls, boys and adolescents
1. De acuerdo con lo recogido en la Ley EITHERrgánica 1/1996, de 15 de enero, las niñas, niños y adolescentes, de acuerdo a su edad, madurez y capacidad, deberán asumir y cumplir los deberes, obligaciones y responsabilidades inherentes al ejercicio de los derechos que tienen reconocidos en todos los ámbitos de la vida, tanto familiar, educativo como social, mostrando un comportamiento basado en los principios de tolerancia, igualdad, solidaridad, respeto mutuo, libertad y pluralismo.
two. Minor persons must respect the laws and norms that are applicable to them, and the fundamental rights and freedoms of other people, and assume a responsible and constructive attitude in society.
3. The Public Administrations of Andalusia will promote how many actions are necessary to promote the knowledge and fulfillment of the duties and obligations of minors in conditions of equality, non -discrimination and universal accessibility.
Article 60 Duties related to the family, educational and social field
1. De conformidad con la Ley EITHERrgánica 1/1996, de 15 de enero, las niñas, niños y adolescentes deben participar en la vida familiar, respetar a sus padres, madres, personas tutoras, guardadoras o acogedoras, hermanas y hermanos, así como a otros familiares, y colaborar en el cuidado del hogar y las tareas domésticas, en función de su edad y con independencia de su sexo.
two. They must respect the rules of coexistence of educational centers, teachers, classmates, staff employee and center facilities, as well as having a collaborative and positive attitude for learning during all educational stages.
3. De acuerdo con lo dispuesto en la Ley EITHERrgánica 1/1996, de 15 de enero, deben respetar la dignidad, integridad e intimidad de las personas con las que se relacionan, con independencia de su edad, nacionalidad, etnia, religión, sexo, orientación, identidad sexual y de género, características físicas o sociales o cualquier otra circunstancia personal o social.
4. They must collaborate in the protection of their peers in the face of any form of violence and facilitate their integration into the family, educational and social context.
5. De acuerdo con lo dispuesto en la Ley EITHERrgánica 1/1996, de 15 de enero, deben cuidar y hacer un buen uso de los recursos y equipamientos de su entorno, así como del medioambiente, colaborar en su conservación para un desarrollo sostenible y respetar a todos los seres vivos.
@Peteward7 i used to work with an aussie on the plant year ago.HE COUD GET STUCK MACHINES OUT OF ANYTHING.Tough ... https: // t.co/ngtL1kEITHER0Yp
— The Dalai Farmer Sat Dec 05 17:47:54 +0000 two0two0
CAPÍTULEITHER IVDe las limitaciones y reservas sobre determinadas actividades, medios y productos
Article 61 General Scope
The limitations that are collected in this chapter constitute protection actions for childhood and adolescence in order to prevent situations or losses that affect their integral and adequate development, even when the consent of parents, mothers, tutoring, guardians, wardrobeor legal representatives.
Artículo 6two Espectáculos públicos y actividades recreativas
1. The access and permanence of minors in public spectacle establishments and recreational activities in terms regulated by specific regulations are limited..
two. They will not be able to actively participate, persons under sixteen years of age in shows and public celebrations that lead to dangerous situations for minors themselves, without prejudice to the provisions of specific regulations.
3. During the celebration of public shows that take place in open or outdoor spaces, or in any public establishment, protection measures that are necessary to guarantee the safety of girls, boys and adolescents who come as spectators will be established.
4. Public establishments that have computer devices with Internet access will have a safety and control system, in accordance with the measures established by regulation, in order to guarantee the protection of minors and their rights and their rights.
Article 63 Advertising
1. The Public Administrations of Andalusia will ensure that the social media, whether written, audiovisual, or telematic, as well as social networks, do not spread advertising contrary to the rights of childhood and adolescence, and in particular they will attend to notcontain discriminatory, stereotyped, sexist, racist, xenophobic, pornographic, violent or deceitful elements that encourage addictions.
two. The Public Administrations of Andalusia will promote as many actions are necessary to prevent the images of girls, boys and adolescents from appearing in spaces or advertisements in which their rights are violated or threatened against their dignity and, they will also prevent their participation in their participation inthemselves can harm them morally or physically, or expose them to dangerous situations.
3. The use of minors in advertisements will prevent the advertising staging in which they participate issue messages that promote compulsive consumption.Likewise, the use of your image for the announcement of products, goods or services that are prohibited is prohibited.
4. Advertising messages in the social media will not morally or physically harm girls, boys and adolescents, having to respect the specific legislation on the subject for this purpose.
5. Advertising or commercial communications of chance game activities, bets, esotericism and paraciencia may not be aimed at minors and, therefore, will not be destined to cause any type of incitement or persuasion on them, or harm them inYour moral or physical formation.
6. For the fulfillment and monitoring of the provisions of this article, the necessary collaboration between the Public Administrations of Andalusia and the Social Media will be established, especially in those cases in which it can produce a serious damage to the adequate formation of minor peopleAge receiving information or advertising.
Article 64 Publications and Audiovisual Material
The Public Administrations of Andalusia will carry out the necessary actions to detect and sanction the sale, rent, exhibition, dissemination and the offer to minors of publications, videos, video games or any other audiovisual material that incites violence, terrorism, contemptof the human being, criminal activities, to risk behaviors that generate addictions, or any form of discrimination, or have pornographic content.
Article 65 Consumption
1. The Public Administrations of Andalusia will promote education for responsible consumption, in order to promote healthy consumption habits in girls, boys, boys and adolescents.They will also perform as many actions were convenient for their defense against abusive practices.
two. The products, goods or services destined for girls, boys and adolescents will have sufficient information about the composition, characteristics, use and age recommended on the product label, or service, in accordance with the provisions of regulation.
3. These products, goods or services will not induce error or deception, nor will they contain substances that imply a health risk of minors.The Public Administrations of Andalusia will exercise special surveillance to guarantee compliance with the established security standards and measures.
Article 66 Protection against addictions
1. The Public Administrations of Andalusia will ensure compliance with the provisions of current regulations regarding the advertising and access of minors to alcoholic beverages, tobacco, technologies, gambling and other toxic psychoactive substances and/or addictive.
two. The Public Administrations of Andalusia and the Social Initiative Entities will develop informative and educational actions to prevent the consumption of alcohol, tobacco, the use not responsible for technologies, games of chance and other toxic psychoactive and/or addictive substances among the minor people ofage.
3. The resources and health services that attend to girls, boys or adolescents who present problems in drug dependence and addictions must ensure that therapeutic interventions are adjusted to the profile and characteristics of minors, focus on psychosocial factors, especially inthose minors who present mental health problems.
TÍTULEITHER IVDe la prevención
CAPÍTULEITHER IPrevención y parentalidad positiva
Article 67 Concept and scope of prevention
1. "Prevention" is understood as the set of actions aimed at preventing factors and circumstances that may hinder the proper physical, cognitive, emotional and social development of girls, boys and adolescents, and, in case of producing, eliminating or mitigating theirconsequences and chronification of these.
two. The Public Administrations of Andalusia, directly or in collaboration with the Social Initiative Entities, will develop actions for the prevention and promotion of childhood and adolescence that will be addressed to the entire society in general and, in a priority way, to families, to girls, children and adolescents, media of public or private ownership and to the professionals of public services, especially health, education and social services that intervene with families and minors, or in the design of childhood and adolescence policies.Public administrations will take into account both cultural diversity and different family models that exist in Andalusian reality.
Article 68 Purpose of Prevention
Prevention actions will have as its purpose:
Article 69 POSITIVE PARENTALITY
1. De conformidad con lo dispuesto en el artículo two6.3.a) de la Ley EITHERrgánica 8/two0two1, de 4 de junio, se entiende por «parentalidad positiva" el comportamiento de los progenitores, o de quienes ejerzan funciones de tutela, guarda o acogimiento, fundamentado en el interés superior del niño, niña o adolescente y orientado a que la persona menor de edad crezca en un entorno afectivo y sin violencia que incluya el derecho a expresar su opinión, a participar y ser tomado en cuenta en todos los asuntos que le afecten, la educación en derechos y obligaciones, favorezca el desarrollo de sus capacidades, ofrezca reconocimiento y orientación, y permita su pleno desarrollo en todos los órdenes.
two. The Public Administrations of Andalusia will promote actions to promote positive parentality towards the general population, based on the needs and rights of childhood and adolescence, with a preventive, positive, equitable, intersectoral and ecological approach, attending to diversity.
3. Training programs aimed at the entire Andalusian society in general will be carried out, and especially care for professionals and families, in parental education, guidance, accompaniment and support for families in the development of their responsibilities, capacities and skills, in orderto increase their knowledge about the contents related to girls, boys and adolescents, and to properly assume their parental responsibilities in the educational, health, social and cultural fields, and their results and the level of satisfaction of the people who have made these have been evaluated will be evaluatedtraining programs.
4. In cases of risk and helpless situations of minors, public administrations will offer positive parental training courses, which must be especially present in family intervention projects and social services intervention plans.
Article 70 of attention to the minor aggressor
1. Minors who have committed acts of violence and those minors who present disruptive behaviors will receive specialized, especially educational support, in order to prevent new aggressor or repeat behaviors.
two. Support for family and the development of positive parentality will be encouraged to address the situations that need it.
CAPÍTULEITHER IIDe las actuaciones de prevención
Article 71 Awareness and information
1. The Public Administrations of Andalusia, directly or in collaboration with the Social Initiative, will carry out awareness actions aimed at the entire population, which promote the dignity and well -being of childhood and adolescence and the values of respect, coexistence and nonviolence.
two. The Public Administrations of Andalusia will facilitate information to citizens in childhood and adolescence through different media and technical supports.
3. The administration of the Junta de Andalucía will have telephone attention lines and any other technical medium that allow citizen collaboration in communication on possible situations of violence and, specifically, those aimed at communication, attention and guidance to girls, boys, boysand adolescents.
Artículo 7two Medidas preventivas de apoyo al desarrollo integral de la infancia y la adolescencia
1. The Public Administrations of Andalusia will develop quality services and programs for family, social, health, educational and conciliation care of working and family life, aimed at families with children and daughters under their charge in charge.
two. In order to reduce inequality, social exclusion and avoid the poor development of girls, boys and adolescents, the Administration of the Junta de Andalucía will grant families that they lack economic resources an economic aid to meet the basic needs of the same.The amount, requirements and procedure for your provision will be established regulation.These grants will be granted, where appropriate, in a coordinated manner with family and emergency aids that social services and other existing public resources count.
3. Specific community aid and resources will be provided to support families with daughters and minor sons in their position of special vulnerability or social difficulty, which will be linked in their case to the family intervention project.
4. Programs that establish positive relationships between fathers and mothers with sons and daughters will be promoted, under the principles of positive parentality, empowering children as subjects of rights, reinforcing child participation as the main protection tool.
Article 73 Family and intergenerational mediation
1. Family and intergenerational mediation, as a preventive and extrajudicial resource for the attention to families who wish to participate in a conflict resolution process that allows them to reach agreements in a consensual manner, aims to contribute to establishing a culture of peace, unlock, favor personal skills, promote responsibility and achieve a more satisfactory coexistence between members of a family or coexistence group.
two. For the promotion of family and intergenerational mediation, public administrations, directly or in collaboration with social initiative entities, will carry out the following actions:
3. The Public Administrations of Andalusia, directly or in collaboration with the Social Initiative Entities, may promote family mediation services and resources in accordance with the priorities and needs detected.
Article 74 actions in the field of health
1. The Public Administrations of Andalusia will develop health promotion actions in the care of pregnancy, childbirth and puerperium and early childhood with quality criteria, humanization, equity and gender perspective, promoting breastfeeding, affective bond and attachment.
two. In the case of minors who are pregnant or in the process of breastfeeding, they will receive the advice, support and resources necessary to continue their educational training, orientation or professional insertion.
3. It will be ensured by prenatal health, especially in situations of social exclusion and vulnerability and measures will be established that guarantee the prevention, intervention and monitoring of situations of possible prenatal risk and notification in case of suspicion of abuse and, where appropriate,,It will be urged to the judicial authority or any other competent, the application of the necessary actions when there is no collaboration of the pregnant woman or its surroundings.
4. The Public Administrations of Andalusia will promote health education actions promoting a culture of public health as a source of personal and self -care development and the acquisition of healthy habits and behaviors and will be carried out in all areas where the life of the life ofgirls, boys and adolescents.
5. Prevention interventions will focus on the following areas:
6. Among the Andalusian public health benefits, early childish quality care will be guaranteed, aimed at the child population affected by developmental disorders or at risk of suffering them, in order to give them an agile and adequate response.Likewise, specialized assistance will be guaranteed for eating and mental health disorders, with specialized personnel and trained in the care of minors.
Article 75 actions in the educational field
1. The educational centers, from their consideration as safe spaces for childhood, will promote programs that promote the acquisition of parental competences in families and the knowledge of the differential characteristics and needs of each evolutionary stage.
two. Likewise, they will carry out actions that favor good treatment to childhood, the values of coexistence and peaceful resolution of conflicts, emotional education, education in values, affective-sexual education, coeducation, cooperative work, education, educationPhysics, and food and nutritional education, such as personal and social competencies development that improve educational success and coexistence.
3. The Educational Administration will promote the design and implementation of a curriculum and inclusive teaching and learning environments that welcome and pay attention to the diversity of interests, rhythms, needs, therapeutic treatments and capacities of any girl, boy or adolescent.
4. In order to promote the compensatory function of education in the first three years of life, public administrations, through the creation and management of the necessary resources, will ensure that free squares are available for the attention to girls and boys ofzero to three years, with special reference to minor people at risk of social exclusion.
5. Public Administrations will ensure access to the technological resources of minors in vulnerability situations.
6. The administration of the Junta de Andalucía in coordination with the local administration will develop prevention, control and monitoring of school absenteeism.
7. The administration of the Junta de Andalucía must take into account the cultural diversity associated with migratory movements and will implement intercultural social mediation programs in educational centers that require it to guarantee positive management of cultural diversity.
8. The Administration of the Junta de Andalucía will develop early detection protocols, identification and intervention with girls, boys and adolescents who present psychological, cognitive and/or behavioral problems or disorders or school and social adaptation.
9. Likewise, they will develop awareness, training, prevention and attention actions to children and adolescents in situations of child abuse, bullying, gender violence or other conflicts derived from sexual orientation or gender identity and discrimination inThe educational field.
Article 76 actions in the field of social services
1. El sistema público de servicios sociales de Andalucía implementará programas de orientación, intervención y tratamiento familiar, con el objetivo de apoyar a las familias, promover sus competencias parentales a favorecer su desarrollo personal y social, garantizando el bienestar de la infancia y adolescencia en sus distintos contextos de desarrollo, considerando los procesos migratorios en las estructuras familiares y la diversidad cultural, y con especial atención a las personas menores que se encuentren en situaciones de vulnerabilidad, y de conformidad con los principios de financiación dispuestos en la Ley 9/two016, de two7 de diciembre.
two. Family mediation will be developed as a tool for the prevention of risk situations, as well as promoting parental skills in conflict management.
3. Actions will be promoted and instruments for the identification and attention of those situations that affect the coverage of basic vital needs of food, housing, energy poverty, or any other of a material nature that may negatively influence the well -being of girls, boys and boys andadolescents, as well as those other situations of psychological and social risk that may compromise their development, particularly in their first years of life.
Article 77 ATTENTION TO CHILDREN'S POVERTY
1. The Administration of the Junta de Andalucía will prepare actions and strategies in order to reduce child poverty that will be included in the different action plans of the councils involved for the eradication of child poverty.
two. A fin de realizar un seguimiento pormenorizado de la pobreza infantil en Andalucía, la Administración de la Junta de Andalucía en colaboración con el EITHERbservatorio de la Infancia y Adolescencia de Andalucía elaborará un informe anual coordinado con los agentes implicados.This report will be presented at the Plenary of the Parliament of Andalusia.
3. Child poverty will have the highest priority as a preferential objective in organizations and institutions such as the Office of the Childhood and Adolescents of Andalusia, the Advisory Council for Children and Adolescents of Andalusia and the Parliamentary Commission for the Protection of Children in Andalusia.
Article 78 Prevention and attention to sexual violence
1. The Public Administrations of Andalusia will develop actions of detection, prevention, attention and intervention before sexual violence in girls, boys and adolescents that will be developed regulation.
two. Specialized training will be promoted to professionals from the health, educational, judicial, social services and security forces and bodies and the exchange of good practices in the prevention and treatment of victims will be encouraged.
Article 79 Resources and Services for Prevention
The resources and services in the prevention and support of families will be included in the social services map of Andalusia, it will be updated periodically and will allow to know the offer and coverage of public services, as well as identify new needs.
TÍTULEITHER VDe la protección
CAPÍTULEITHER IDisposiciones generales
Article 80 Protection
1. In order to guarantee the well -being and integral development of girls, boys and adolescents, protection will include the set of actions aimed at intervention in risk situations, in the exercise of the guardian and in the assumption of guardianship by the Ministry of the Law.
two. The administration of the Junta de Andalucía and the local entities will guarantee the existence and maintenance of the necessary, sufficient and adequate public services that ensure the protection actions of minors collected in this law, within the framework of the budgetary endowments assigned andapprove annually.
3. Protection actions will be developed regulation.
Article 81 Action criteria
To achieve the objectives set forth in this Law, the Public Administrations of Andalusia, within the scope of their respective competences and respecting the primacy of the best interests of the minor, will act under the principles of objectivity, impartiality, coordination, priority, confidentiality and securitylegal.In this regard, they will be governed by the following action criteria:
Artículo 8two Deber de colaboración ante situaciones de violencia, riesgo y desprotección
1. Any person or entity and, especially, security forces and bodies, social services staff, health services and educational centers that have knowledge of the existence of a situation of risk or unprotection of a girl, boyor adolescent, they must give him the immediate help to need and inform the competent public administration, of the Judicial Authority, or the Fiscal Ministry, as well as collaborate with them to avoid and resolve such situations in their interest.In case of individuals, the necessary guarantees of confidentiality will be adopted.
two. The Public Administrations of Andalusia will establish the necessary coordination mechanisms, especially in the judicial, police, health, educational and social services, for the detection, notification and assessment of situations of violence, risk and childish nonsense, whose procedure will be determinedregulation.To do this, the necessary and adequate technical and telematic personal means will be enabled.
3. For the exercise of these actions, they will carry out mandatory and universal training programs for those who intervene in these areas.
ARTICLE 83 DUD OF RESERVATION
1. The Public Administrations of Andalusia, the Entities of Social Initiative and any other entity will act with the obligatory reserve in the field of attention and protection of childhood and adolescence, adopting the appropriate measures to guarantee, in application of the right to privacy, theConfidential treatment of the information available and that contained in the files or records in which said information is recorded, in the terms established in the regulatory regulations for the protection of personal data of nature.
two. The same duty of reserve will be extended to the authorities and people who, due to their profession or function, know of cases in which there could be a situation of risk or unprotection and have access to the information cited in the previous section in the previous section.
Article 84 of persons interested in procedures related to actions and protection measures
1. People interested in a procedure related to protection actions are those who are holders of a legitimate right or interest and, in any case, the minor, parents, mothers, tutoring people, as well as their cozy families.
two. De acuerdo con lo recogido en el apartado 4 del artículo two de la Ley EITHERrgánica 1/1996, de 15 de enero, los derechos de las personas interesadas en procedimientos relacionados con actuaciones y medidas de protección serán los establecidos en la Ley 39/two015, de 1 de octubre, del Procedimiento Administrativo Común de las Administraciones Públicas, si bien estarán sujetos al interés superior del menor y a los intereses de terceras personas dignos de protección.
Article 85 File for the protection of girls, boys and adolescents
1. El expediente de actuación de protección de niñas, niños y adolescentes es de titularidad pública y estará compuesto de documentos, actuaciones y diligencias, conformados por el personal de las administraciones públicas de Andalucía en el ejercicio de sus competencias, que serán responsables de su guarda y custodia, y todo ello, de conformidad con lo regulado en el artículo 70 de la Ley 39/two015, de 1 de octubre.
two. The guard and custody will be carried out by means.
3. Access to the protection action file will be adjusted to the provisions of the state and autonomic legal system and the best interests of the minor, and will be exercised by request.
4. El acceso a datos de carácter personal que contenga el expediente de actuación de protección necesita el consentimiento explícito de su titular, si son datos especialmente protegidos, de acuerdo con lo regulado en la normativa en materia de protección de datos y sin perjuicio de lo dispuesto en el artículo twotwo quáter de la Ley EITHERrgánica 1/1996, de 15 de enero.
5. El ejercicio del derecho de acceso al expediente de actuación de protección, así como la obtención de copias de los documentos que obren en el expediente administrativo está sujeto a lo regulado en la Ley 39/two015, de 1 de octubre, y en la Ley 1/two014, de two4 de junio, de Transparencia Pública de Andalucía.
Article 86 Coordination and collaboration with the administration of justice in situations of social risk and helplessness
1. The protection measures agreed by the competent public administrations will be compatible with the precautionary and assurance measures that can be adopted in civil and criminal processes.
two. When there are indications of the commission of a possible crime, the corresponding security forces and bodies will be informed, so that they can assess the adoption of precautionary measures for the protection of the minor.
3. Los servicios sociales y la Entidad Pública colaborarán, para evitar la victimización secundaria, en los términos de la Ley 4/two015, de two7 de abril, del Estatuto de la Víctima del Delito, a fin de reducir el número de actos administrativos que procedan.
CAPÍTULEITHER IIDe las actuaciones de protección
Section 1 of risk and the declaration of risk situation
Article 87 Risk Situation
1. The protective action in risk situations will have the purpose of safeguarding and restoring the rights of the protected person, through an action in their own environment that allows to reduce risk factors and enhance protection, so that it can continue in your family environmentNo impairment of your well -being or your development.
two. Las Entidades Locales de Andalucía son las administraciones públicas competentes para detectar, valorar, intervenir, declarar y llevar a cabo las actuaciones oportunas, en las situaciones de riesgo definidas en la Ley EITHERrgánica 1/1996, de 15 de enero.The assessment and intervention will be carried out by the corresponding social services of the competent local entity due to the territory, and will entail the design and development of a temporalized family intervention project based on the age and vulnerability of girls, boys and adolescents.
3. For the purposes of this law, those provided for in article 17 will be risk indicators.two de la Ley EITHERrgánica 1/1996, de 15 de enero.
4. In those cases in which, due to family circumstances or the severity of the situation, in addition to the action carried out by social services, a more specific and integrative intervention is required, the elaboration and execution of aInterdisciplinary treatment project with family.
5. The social services of the local entity must have complementary resources aimed at satisfying the basic needs of the family, in addition to technical support and coordination with other municipal, sanitary, educational services and any other means that is deemed necessary for the achievement of the achievement ofThe objectives and the proposed project.
6. The social services of the local entity may require the support of the Judicial Authority through the Fiscal Ministry, under article 158 of the Civil Code, to promote actions that enable family intervention to professional persons of these services, when theProposal for a declaration of helplessness and there is a negative one of any of the parents, mothers, tutoring, guardians or cozy, to be able to carry out said intervention.
7. For their knowledge, social services will send information to the competent body for the declaration of the risk situation, on family intervention projects that are being carried out, as well as the proposals for separation from the family nucleus that are carried out to the entityPublic.
Article 88 Declaration of the Risk Situation
1. Parents, mothers, tutoring, guardians or cozy, within their respective functions, will actively participate and collaborate, according to their capacity, in the execution of the measures indicated in the family intervention project.
two. The Risk Situation Declaration will proceed when, the lack of collaboration by parents, mothers, tutoring, guardians or welcoming in the family intervention project, place the minor person in a situation that could require the separation of their environment family.
3. The risk situation will be declared by the collegiate body created for this purpose by the local entity, which will be composed of the competent authority of the local entity, which will preside over it, and by qualified and expert professionals, at least of the areas of servicesSocial, public and educational public system, and security forces and bodies, the latter in cases where they proceed, that according to a technical and multidisciplinary group.Local entities will determine their composition and operation regime regulation.In the absence of the local regime regulations that determine the competition, it will correspond to the head of the competent local entity due to the territory.
4. The administration of the Junta de Andalucía will make available to local entities a protocol for detection, assessment and intervention in risk situations that guarantee the criteria unit in the exercise of protective action throughout the territory.
5. The administrative resolution declared by the risk situation will be motivated and given prior hearing to parents, mothers, tutors, guardians or welcoming, and the girl or child or adolescent, if he has enough maturity and, in any case, fromThe twelve years.The minor people audience will have inclusive resources and tools, adapted to their cognitive development and personal maturity.
6. The interposition of opposition appeal will not suspend the guarantor actions of the well -being of the minor person who are being carried out by local entities in the interest of the girl, boy or adolescent.
7. The Risk Situation Declaration will include a family intervention plan in which the necessary measures and actions will be collected to correct the risk situation of the girl, boy or adolescent, and will have a maximum duration of twelve months, extendable for a maximum of a maximum of a maximum ofanother six months if considered appropriate, to achieve the objectives of the same.This extension will be agreed by the collegiate body that declared the risk situation, at the proposal of the social services that are intervening with the family.
8. In cases where the objectives of the Family Intervention Plan are not achieved, nor the necessary changes in the performance of guard duties that guarantee the adequate attention of the girl, child or adolescent, the social services will issue a motivated report proposing that it isValue the declaration of a situation of helplessness, and will rise to the collegiate body of the local entity so that it derives the file to the competent public entity due to the territory.
9. In cases where the objectives indicated in the Family Intervention Plan have been achieved sufficient.This report will contain, where appropriate, the guidelines for professional monitoring or accompaniment regarding girls, boys and adolescents, and their family, to guarantee the continuity of adequate care.
Article 89 cessation of the declaration of the risk situation
1. The declaration of the risk situation will cease by majority of the minor, transfer of the municipality of the family, compliance with objectives of the Family Intervention Plan, by resolution of the declaration of helplessness or guardianship, for the courseof the maximum period with the possible extension established in section 7 of article 88, without having issued any resolution agreeing or a report had been issued with proposals for intervention to the public entity or other circumstances, duly motivated, madeVary your situation.
two. In order to preserve the continuity of the intervention in the best interest of the girl, boy or adocessation of the declaration of risk situation, in order to preserve the continuity of the intervention in the best interest of the girl, boy or adolescent.
3. The cessation of the declaration of risk will be the responsibility of the collegiate body of the local entity that issued it, except for the cases of majority, transfer of the municipality of the family, or when resolution has been issued, declaring the situation of helplessness orof guardian, which can be delegated to the person attached to the municipal organization that is considered.
Article 90 Emergency actions in risk situations
For those situations in which, during the process of valuation or execution of the family intervention project or once the risk situation is declared, the immediate separation of the girl, boy or adolescent of their family nucleus to safeguard their family nucleus to safeguard their family nucleus is considered necessary to safeguard theirIntegrity, social services will carry out the proposal for separation directly to the public entity, also making it known to the collegiate body of the local entity and the Fiscal Ministry.When there are indications of the commission of a possible crime, the corresponding security forces and bodies will be informed.
Article 91 Assessment of the Public Entity
1. The public entity will assess, within twenty days, the situation of nonsense in the cases contemplated in articles 88, section 8, and 90 of this law, in order to determine the beginning of a procedure of helplessness, the adoption of aprecautionary measure of separation from the family environment, or the specific intervention and treatment in the medium.If you conclude that the beginning of the helpless procedure does not proceed, it will inform it, through a motivated report, to the collegiate body of the local entity that derived the case, to the social services proposing urgency situations and the Fiscal Ministry.
two. The derivation of the case to the public entity for the adoption of protective measure will not mean the suspension of the actions that are being carried out by the local entity for the benefit of the girl, boy or adolescent.
Sección twoDe la guarda y el desamparo
Artículo 9two Atención inmediata
1. The public entity will intervene with immediacy when the situation of overhection of the minor requires it, providing the attention that requires preferentially through their family care or, failing that, residential.
two. In case of temporary loss of contact of the girl, boy or adolescents with their parents, mothers or legal representatives, the immediate attention will be paid, while their identification is carried out and the appropriate efforts are made to communicate this situation totheir parents, mothers or legal representatives, and it is valued if it is caused by the breach of the duties that the law assigns to these.
3. If within three months since the attention was provided, through family or residential foster care, the situation could not be clarified, the beginning of the procedure of declaration of helplessness of helplessness would have been clarified.
Article 93 Provisional Guard
1. The administration of the Junta de Andalucía may assume the provisional guardian of the girl, boy or adolescent, when it is considered necessary to exercise their protection, having a maximum period of seven calendar days, from the date on which the minor person passesat your disposal, to formalize it through the corresponding administrative resolution.
two. The provisional guard will be declared by the public entity through administrative resolution, which will be communicated to the Fiscal Ministry;to parents;to those who go to welcome the girl, boy or adolescent;to these, when they have enough capacity, and, in any case, to the age of twelve.
3. The administrative resolution declared by the provisional guard will involve the immediate and provisional suspension of the rights inherent to their guard and custody to the owners of parental rights or to whom he exercises the guardianship of the minor person.
4. Assumed the provisional guardian, the public entity will practice the precise proceedings that allow the identification of the girl, boy or adolescent and the determination of the circumstances that affect the situation of unprotection in which it is found, within a period not exceeding twenty daysNatural.To this end, information will be requested from the organizations and entities that proceed, who will respond as soon as possible.Resolved the proceedings, the public entity will proceed to family reunification or to initiate the homeless procedure.
ARTICLE 94 Ampelabe situation
1. The administration of the Junta de Andalucía assumes the guardianship of all those girls, boys and adolescents who are in a situation of helplessness.
two. De conformidad con lo dispuesto en el artículo 17two del Código Civil, serán situaciones de desamparo las circunstancias recogidas en la Ley EITHERrgánica 1/1996, de 15 de enero.
3.Girls, boys and adolescents who are in a factual guard situation will not be declared in hel. En estos casos la Entidad Pública lo pondrá en conocimiento del juzgado correspondiente a los efectos previstos en el artículo two37 del Código Civil.
LE000070970two_two0twoeleven019Number 3 of article 94 drafted by the second final provision of the D.-Ley twotwo/two0two1, of EITHERctober 13, which modifies the D.-Ley 6/two0two0, of March 30, which establishes extraordinary and urgent administrative measures in the social and economic sphere as a consequence of the situation caused by the Coronavirus (CEITHERVID-19), and the D.-Ley 10/two0two0, of April two9, which establishes extraordinary and urgent measures of administrative flexibility in aid in the field of employment and complementary measures with an impact on the economic, local and social sphere as a consequence of the situationcaused by the Coronavirus (CEITHERVID-19), in relation to the extraordinary measures issued for the minimum social insertion income in Andalusia ("B.EITHER.J.A."October 18).Vigencia: 19 octubre two0two1Article 95 Procedure for the declaration of helplessness
1. Cuando de conformidad con lo establecido en el Código Civil y en la Ley EITHERrgánica 1/1996, de 15 de enero, la Entidad Pública tenga conocimiento, por cualquier medio, de que una niña, niño o adolescente pudiera encontrarse en una situación de desprotección, incoará de oficio procedimiento de declaración de la situación de desamparo.
two. During the instruction of the administrative procedure, a diagnostic report of the situation of the minor will be mandatory that includes a motivated proposal for the protection measure, which will be based on how many social, health or educational or other reports were precise.
3. When there are circumstances that put their physical or psychic integrity at serious risk, the public entity may declare the situation of provisional helplessness as a precautionary measure.
4. The resolution of the procedure will be adopted by a collegiate body regarding minors protection, prior motivated proposal of the specialized service in minors protection.
5. The collegiate body will be composed of qualified professionals in the field of protection of minors and belonging to the scope of the administration of the Junta de Andalucía and the local administration.
Its organization and operation regime will be developed regulation.
6. The maximum period for dictating the resolution will be three months.
7. The execution and monitoring of the administrative resolutions adopted in the field of minors's protection correspond to the official personnel assigned to the service with competences in minors protection.
Article 96 Guard
1. The administration of the Junta de Andalucía will assume the guardian of the minor people in the following cases:
two. Cuando la madre, padre o persona tutora soliciten a la Administración de la Junta de Andalucía la asunción de la guarda de menores a su cargo, se formará expediente con arreglo a lo previsto en el artículo 17two bis del Código Civil:
Article 97 Individualized Protection Plan
1. When the administration of the Junta de Andalucía assumes the guardianship or guardian of a girl, boy or adolescent, will prepare within a period not exceeding one month, and in a coordinated manner with the social services of the local administration, an individualized protection plan thatwill establish the objectives, forecast and term of the intervention measures to be adopted with your family of origin, including the family reintegration program.This plan may not last exceed one year.The technical requirements for the elaboration of said plan will be determined regulation.
two. Para acordar el retorno con su familia de origen será imprescindible el cumplimiento de los requisitos establecidos en el artículo 19 bis 3 de la Ley EITHERrgánica 1/1996, de 15 de enero.In any case, it will be understood that reintegration is not feasible when, there is such possibility, it requires such a prolonged or unpredictable period of time that it would cause greater psychological and social deterioration in the evolutionary development of the girl, boy or adolescent.
3. When family reintegration is proceeded, the public entity will monitor the family and the son or daughter, through the social services of the local administration for a minimum period of one year since the cessation of the measure, forwhich will develop a family treatment project.
4. In cases where the reintegration is not possible, family integration measures of a stable nature will be proposed according to the needs and characteristics of girls, boys and adolescents, preferably adoption.
Article 98 cessation of guardianship and guard
The assumption of guardianship or keeps it by the administration of the Junta de Andalucía will cease, in the terms provided in the Civil Code, for the following circumstances:
CAPÍTULEITHER IIIDe las medidas de protección
Section 1 of family care
Article 99 Family care
1. The family care aims.Implies the exercise of the guard by the cozy families.
two. Public Administration will ensure adequate selection, continuing training and periodic monitoring of cozy families in all their modalities, with necessary human and material resources.
3. The administrative procedure for the constitution of family care will be developed regulation.
Artículo 100 EITHERfrecimientos para el acogimiento familiar
1. People interested in family care must present their offer to the public entity and attend the informative, training and preparation sessions organized by this or by the authorized entity for this purpose.In these sessions, interested persons will be informed and trained on the purpose of foster care modalities, with special reference to the characteristics of girls, boys and adolescents to host, the best way to respond to their needs, as well as the criteriaof suitability and selection of cozy families.
two. Informative sessions will take place with a mandatory and prior to the presentation of the offer for family care.
3. The training or preparation sessions will be made within a period not exceeding three months from the presentation of the offer.The public entity will issue a accreditation to families who have participated in these sessions.
4. Interested persons offered for family care may be valued and, if appropriate, be declared suitable simultaneously for adoption, the processing of their offer for the two areas being compatible.These offers are also compatible with participation in the Social Collaboration Program.
Article 101 Presentation of offerings for the foster care for the extensive family
In response to the best interests of the child and to avoid delays in the decision making that could harm the minor person, a maximum period of three months is established from the effective assumption of the guardian by the administration of the Junta de Andalucía so that theextensive family can present your offer for family care.After this period, the public entity may dismiss the offers that arise.
Artículo 10two Declaración de idoneidad para el acogimiento familiar
1. The suitability declaration process will begin ex officio by the administration of the Junta de Andalucía for people who accredit having participated in the training and preparation phase.
two. The beginning of the suitability declaration process will attend to the order to present offers and need criteria, depending on the profile and characteristics of minor persons under the guardianship or guardian of the Administration of the Junta de Andalucía.
3. The declaration of suitability of people will require the psychosocial assessment of their personal, family, relational and social situation, age, as well as their ability to establish stable and safe links, to facilitate relations with the family of origin of the minor person,their educational skills and their ability to attend to a girl, boy or adolescent based on their needs and unique circumstances circumstances.In the case of age, its adaptation will be taken into account to meet the needs of the person to welcome up to at least eighteen years.In addition, in cases of extensive family assessment the previous affective link will be assessed.The psychosocial assessment will be mandatory.
4. The public entity will formalize said declaration of suitability within a period not exceeding three months, through the corresponding resolution, which will be notified to the interested person or persons.After this period without the express resolution, it can be understood that the offer has been dismissed.The declaration of suitability in no case will mean the right to host and will exclusively grant the right to registration in the corresponding section of the suitability registry for family care and the adoption of Andalusia.
5. The validity of the declaration of suitability will be determined regulation.
Article 103 Selection of people declared suitable for family care
1. The Administration of the Junta de Andalucía will select the person or people who are considered most appropriate for the family care of each girl, boy or adolescent among the people who are registered in the Registry of suitability for family care and the adoption of Andalusia.
two. The selection criteria will be established by regulating the aptitude resulting from the declaration of suitability, according to the family care modality, the family relationship and composition and those other conditions that are determined taking into account, primarily, the best interest of the girl, child or adolescent.
3. The constitution of family care will be proposed, by the public entity, to the person or people who offer greater possibilities for family integration and the optimal development of the girl, boy or adolescent.
ARTICLE 104 BREAK PROGRAMS TO FAMILY CASE
The Administration of the Junta de Andalucía through the Ministry competent in Minors Protection will develop respite programs for cozy families, in order to meet the needs that could arise to them during the reception process, through alternative families.
Article 105 Family care support
1. The Public Administrations of Andalusia, directly or through concerted services, will provide minors, the cozy families and the family of origin the necessary information, training and collaboration for the achievement of the objectives of the fosterity.For these purposes, the necessary support of specialized, economic, legal, psychological and social precise based on the needs, characteristics of the care and difficulties of its performance will be determined.
two. The Ministry responsible for protection of minors, directly or in collaboration with the agreed services, will enable tools and communication channels that allow the minor people received in families to express any type of initiative, suggestion, recommendation, complaint or formulate complaint.
Article 106 Statute of the cozy person or family
1. The Administration of the Junta de Andalucía, through the Ministry responsible for the protection of minors, will establish in a regulatory way a statute of the cozy person or family, adoptive and collaborator.
two. In it, the rights and duties of the families will be determined, and the aid and support that are offered will be stipulated.
Article 107 Economic benefits for minors in family care
1. All minor persons with a family care protection measure have subjective public law to benefits to meet their food, care and education needs.
two. These benefits will be established based on the modalities of family care and the different needs that the minor persons who are under the protection of the Administration of the Junta de Andalucía may present.
3. The amounts of the benefits will be determined regulation and will be paid to the person or people in whom the guardian has been delegated, and will be linked to the protection measure from the effective start of coexistence, and will be extinguished when the effective cessation ofcoexistence with the family of family care or when reaching the age of majority or emancipation.
4. The benefits do not have a nature of entry into the family unit, so they will not compute for the purposes of obtaining any public assistance or subsidy of the Administration of the Junta de Andalucía to which any of its members may be entitled.
Sección twoDel acogimiento residencial
Article 108 Residential foster care
1. La Entidad Pública y el personal de los centros de protección de menores actuarán conforme a los principios y obligaciones establecidos en el capítulo I del título II de la Ley EITHERrgánica 1/1996, de 15 de enero, con pleno respeto a los derechos de las niñas, niños y adolescentes acogidos.
two. The residential foster care will be agreed by the public entity or by judicial decision.
3. The residential foster care will be provisional and the lowest possible duration depending on the personal evolution of the girl, boy or adolescent and the possibilities of family integration.
4. Residential foster care will only be agreed in those cases in which it is proven that a family protection measure is not possible.
5. The residential foster care will not be agreed for children under thirteen, unless a family alternative is not possible, in which case it may not last exceed three months for children under seven years of age or for six months for those over seven years old, must be prioritized during these deadlines the actions aimed at its integration into a family nucleus.
6. The residential foster care will respond to a model of care where the best interests of the people, the technical quality and warmth of professional actions and a dynamic of operation based on the family's coexistence model, guaranteeing the satisfaction of the needs prevailbasic childhood and adolescence.
7. The administrative procedure for the constitution of residential foster care will be developed regulation.
Article 109 Minors Protection Centers
1. The minors protection centers must tend to a small number of places depending on their typology, to favor the quality of the care that is provided and the warmth environment that must inspire coexistence similar to a family nucleus.In addition, there must be quality and accessibility standards for each type of service so that their organization and operation incorporate models of excellence in management.
two. The attention in the minors protection centers will contemplate the cultural diversity of the people received, encouraged both the mutual knowledge of cultures and cultural competence, carrying out an adequate management of such diversity in terms of equality and social justice.To this end, intercultural mediation programs will be promoted in the minors protection system.Likewise, attention in the Centers for the Protection of Minors will contemplate diversity in matters related to personal circumstances such as disability or any other nature.
3. It will be seen from the minors protection centers for the minor people received with a special situation of vulnerability to crimes of abuse and/or sexual exploitation, and trafficking with human beings.
Artículo eleven0 Colaboración social
1. Girls, boys and adolescents in residential foster care will have the possibility of sharing leisure moments and temporary and holiday exits with collaborating families that allow them to enjoy a family coexistence that promotes their knowledge and enjoyment of positive emotional relationships.
two. The Administration of the Junta de Andalucía will launch promotions for promotion and support for social aware.These actions can be carried out in collaboration with authorized entities.
3. People interested in social collaboration must carry out, and in a mandatory way, an initial training process prior to the formalization of the collaboration relationship.
4. The Administration of the Junta de Andalucía will establish the requirements and procedures to provide this modality of social collaboration, regulating the rights and duties of collaborating families, as well as the resources and support they will have at their disposal.
5. The administration of the Junta de Andalucía may agree with volunteer entities, and following the principles established in applicable regulations, the solidarity participation of voluntary persons in the minors protection centers, through complementary activities to those developed by professional peoplethat contribute to enrichment and higher quality of attention to girls, boys and adolescents.
6. The Public Administrations of Andalusia will provide minors, the collaborating families and the family of origin the necessary information and accompaniment to achieve the objectives of social collaboration.
Artículo eleven1 Perspectiva e igualdad de género y respeto a la diversidad LGTBI
1. The functioning of minors protection centers and residential attention will respond to a comprehensive and general approach to gender perspective, with the aim of building equal relationships between girls and boys that help prevent, identify and eliminate situations of discrimination by reasonsex and gender violence.
two. Similarly, the functioning of minors protection centers and residential attention will respect the rights and equal treatment and non -discrimination of LGTBI people received in them.In this sense, sexual orientation and gender identity must be worked on, with the objective that all people received can have full development and to help prevent, identify and eliminate the situations of discrimination that affect them.
Artículo eleventwo Ingreso en centros de protección específicos de menores con problemas de conducta
1. De conformidad con la Ley EITHERrgánica 1/1996, de 15 de enero, el acogimiento residencial en centros de protección específicos de menores con problemas de conducta se utilizará, como último recurso, cuando no sea posible la intervención a través de otra medida de protección por el tiempo estrictamente necesario para alcanzar los objetivos del proceso terapéutico y educativo individualizado.
two. It is aimed at minors who are under the guardianship or guardian of the Administration of the Junta de Andalucía that present serious problems of recurrent dissocial behaviors, transgressive of social norms and third party rights, and is justified by their protection needs andDetermine by a specialized psychosocial assessment.
3. In no case may they enter children under thirteen, or those minors with diseases or mental disorders that require specific treatment and comprehensive care by the competent health services in mental health or care for people with disabilities, which will be provided tothrough specialized resources.
4. The care in these centers includes both residential care and therapeutic and socio -educational intervention aimed at re -education of behavior, which will be specified through an intervention plan with periodically reviewable objectives.
Section 3 of the Guardian for adoption purposes and the adoption proposal
Artículo eleven3 La adopción
The adoption will be promoted by the administration of the Junta de Andalucía when the circumstances advise the definitive separation of the girl, boy or adolescent of her family of origin, lacks her, her existence is unknown, or the impossibility of family reunification is proven.In these cases, adoption will be proposed priority for girls and boys under seven years old.
Artículo eleven4 EITHERfrecimientos para la adopción
1. People who are offered for adoption must request their participation in informative and training or preparation sessions, organized by the public entity or by the entity authorized for this purpose.In these sessions, interested persons on the procedure and effects of adoption will be reported, with special reference to the needs of girls, boys and adolescents, the criteria for the valuation of suitability and selection of adopters, and obligationsPosadptives.
two. Informative sessions will take place with a mandatory and prior to the presentation of the offer for adoption.
3. The training or preparation sessions will be made within a period not exceeding three months from the presentation of the offer.The administration of the Junta de Andalucía will issue a accreditation to families who have participated in these sessions.
4. When the circumstances determine it, the public entity may inadmit new offers for adoption, by administrative resolution.
Artículo eleven5 Declaración de idoneidad para la adopción
1. The suitability declaration process will begin ex officio by the public entity for people who have completed the training and preparation phase.
two. The beginning of the process of declaration of suitability will meet the order of submission of offers, and according to the needs of the minors protected by the administration of the Junta de Andalucía, and susceptible to adoption.
3. According to what is regulated in the Civil Code, the declaration of suitability of people will require the psychosocial assessment of their personal, family, relational and social situation, as well as their ability to establish stable and safe links, their educational skills and their ability toServe a girl, boy or adolescent, depending on their needs and unique circumstances circumstances.The psychosocial assessment will be mandatory.
4. The public entity will formalize said declaration of suitability within a period not exceeding three months, through the corresponding resolution, which will be notified to the interested person or persons.After this period without being express resolution, interested persons may understand that their offer is dismissed.This declaration of suitability does not recognize any right to formalize the adoption of a minor, exclusively granting the right to their registration in the suitability registry for family care and the adoption of Andalusia.The validity of the statement of suitability will be three years.
Artículo eleven6 Selección de personas declaradas idóneas para la adopción
1. The public entity will make the selection of the person or people who are considered most appropriate for the adoption of each girl, boy or adolescent from which they are registered in the suitability registry for family care and the adoption of Andalusia.
two. The selection criteria will be established by regulating the aptitude that results from the declaration of suitability, according to the modality of adoption, the family relationship and composition and those other conditions that are determined, taking into account primarily the best interest of the girl, boyor adolescent.
3. To guarantee the success of the adoptive process, those who offer greater possibilities, for family integration and the optimal development of the girl, boy or adolescent will be proposed, depending on their history and personal characteristics.
Artículo eleven7 Guarda con fines de adopción y propuesta de adopción
The administration of the Junta de Andalucía will formulate the proposal for adoption before the competent judicial authority.Prior to it, it may delegate the guard for adoption purposes in the person or persons selected, and all this, in accordance with the requirements and procedures established in this Law, the Civil Code and other applicable regulations.
Artículo eleven8 Requisitos para la guarda con fines de adopción y propuesta de adopción
In addition to the requirements set forth in article 175 of the Civil Code, the following will be taken into account:
Artículo eleven9 Adopción abierta
The continuity of relationships and contact between the adopted person and some family member of origin will be facilitated, when the interest of the minor person advises, at the proposal of the public entity or the Fiscal Ministry, provided that it has been agreed bythe judge in the constitution of adoption, and all this, in accordance with current legislation.
Artículo 1two0 Tratamiento de la información
In adoption procedures, the actions will be developed with the necessary reservation and confidentiality, in order to protect the identification and location data of the adoptive family, preventing the family of origin from knowing the adoptive.
CAPÍTULEITHER IVDe la adopción internacional
Artículo 1two1 La adopción internacional
The administration of the Junta de Andalucía will carry out the actions in international adoption subject to the state and international regulations that are applicable, ensuring the best interests of the minor person and the full respect of their rights.
Artículo 1twotwo EITHERfrecimientos y declaración de idoneidad para la adopción internacional
1. The process of declaration of suitability will begin at the request of the party through the presentation by the interested persons of their offer, prior participation in the informative, training and preparation sessions, organized by the public entity.
two. The process process will attend to the order of presentation of the offers.
3. The psychosocial assessment for the declaration of suitability will be carried out in accordance with the provisions of articles 5.1.d) y 10 de la Ley 54/two007, de two8 de diciembre, de adopción internacional, y tendrá carácter de informe preceptivo.
4. The deadline to resolve the suitability declaration procedure will not exceed three months.After this period without being express resolution, interested persons may understand that their requests have been dismissed.
5. The statement of suitability will be valid for three years and will be formalized by resolution of the public entity, which will be notified to the person or interested persons, and will be registered in the registry enabled for this purpose.
Artículo 1two3 Costes necesarios para la tramitación de un ofrecimiento de adopción
De conformidad con lo regulado en la Ley 54/two007, de two8 de diciembre, de Adopción Internacional, y en el Real Decreto 165/two019, de twotwo de marzo, por el que se aprueba el Reglamento de Adopción Internacional, los organismos acreditados para la intermediación en la adopción internacional no podrán repercutir a las personas que se ofrecen para la adopción importes o gastos distintos de aquellos que estén autorizados en la correspondiente resolución de acreditación.
CAPÍTULEITHER VActuaciones posadoptivas
Artículo 1two4 EITHERbligaciones posadoptivas de las personas adoptantes
1. Adoptants must facilitate the public entity, authorized entities or accredited agencies for international adoption, information, documentation, interviews and home visits that are required for the preparation of the posed -appropriate monitoring reports required by the administration of the Junta de Andalucíaor by the competent authority of the country of origin of the girl, boy or adolescent.
two. In the national adoption, the administration of the Junta de Andalucía will follow up with a periodicity at least semiannual during the two years of the firmness of the sentence by which the adoption is constituted.
3. In the international adoption, those who have adopted must comply with the post -approved procedures according to the commitments acquired by the adopters with the country of origin of the girl, boy or adolescent adopted and with the administration of the Junta de Andalucía.When the country of origin does not provide follow -up reports, or its periodicity is lower than that indicated in the previous section, the adoptants will comply with this obligation with the duration and periodicity established for national adoption.
4. In international adoption, adoptants must be up to date in compliance with all the contributed posadptive obligations, having paid the amounts that are determined in their case for the preparation of monitoring reports, as well as those required for their translationand processing and reception of them by the foreign competent authority.
5. Failure to comply with these obligations will entail the declaration of non -suitability in any other process of adoption or family care, in addition to the sanctions provided for in article 143 of this law.
Artículo 1two5 Servicios de atención posadoptiva
1. In order to help resolve the difficulties that may arise with the adopted process, the Administration of the Junta de Andalucía will offer specialized services in adoption, which will develop guidance and support actions to adopted people and adoptive families.
two. Posadptive services will offer the mediation and technical support necessary to make effective the right of people adopted to know the data about their biological origins, know their personal history or initiate contacts with their biological family.
3. Likewise, they will carry out actions aimed at disseminating among professionals who serve these families in the field of education, health or social action, adequate knowledge of the reality of adoption.
CAPÍTULEITHER VIAcciones específicas para las niñas, niños y adolescentes con medida de protección
Artículo 1two6 Trato preferente para las niñas, niños y adolescentes con medida de protección
The administration of the Junta de Andalucía, through its competence scope, must offer resources and services preferential to girls, boys and adolescents with protection measure in Andalusia.
Artículo 1two7 Seguimiento posterior a la mayoría de edad
After reaching the age of majority, for at least one year the administration of the Junta de Andalucía, in collaboration with the social services of local entities, will monitor the social integration process of people who have been under their tutelage or guard, offering them the necessary support to facilitate adequate adjustment to their new personal and family situation.
Artículo 1two8 Atención psicoterapéutica
1. The administration of the Junta de Andalucía will guarantee the diagnosis and psychotherapeutic treatment of the minors who are under their tutelage or guardianship, when they manifest psychological, emotional or behavioral problems, as a consequence of the damage suffered by any form of violence or due to problems of theaffective linking or attachment disorders.
two. This attention can be paid until people turn twenty -five years old.
Artículo 1two9 Atención sanitaria
1. Girls, boys and adolescents with protection measure will have priority in carrying out analytics, studies and optional evidence established in social and health protocols so as not to delay integration into the reception family or minors protection center.
two. When they are hospitalized, the Hospital Center, in coordination with professional persons of the Child Protection Center from which they come, will guarantee the necessary accompaniment and surveillance services, being able to resort to such attention to the voluntary staff of the Hospital Center itself or the Center for the Protection of the Protection ofminors.
3. The clinical history of girls, boys and adolescents with protective measure will be specially protected, ensuring that the information is transferred only to whom it corresponds, with special caution in those cases in which fathers and mothers do not have allowed access to the same.The public entity will transfer to the health authorities information of minors in such a situation, these must appear with a differentiating distinctive in the computer system of the health network.
4. Likewise, the appropriate measures will be adopted to guarantee the right of the minor to the conservation and consultation of their clinical data and genetic background, as well as their biological relatives, even if they are adopted and their personal data is modified.
5. The foster or guardian family will be provided, accredited by the public entity, the available health information about the girl, boy or adolescent who has in foster care, and must be adopted, if necessary, the appropriate measures to preserve their identity and thefoster care.
6. Girls, boys and adolescents with protection measure are entitled to free resources and benefits of the health system, as well as the necessary pharmacological treatments for health restoration.
7. Girls, boys and adolescents with protection measure that require it will receive, with a preferential character, the specialized and restorative therapeutic care of the mental health area.
8. Minors and young women under tutelage of the Junta de Andalucía, or participants in preparation for independent life that are pregnant or in the process of breastfeeding, will receive adequate advice and support to their situation.They will be offered the necessary resources to continue their educational training, orientation or labor insertion.
Article 130 Educational Care
1. The administration of the Junta de Andalucía will guarantee ordinary schooling or in the late period of girls, boys and adolescents under the guardianship or guardian of the Junta de Andalucía or that proceed from adoption, in the center closest to the family home orto the job of the person or people who hold the guard and custody.
two. In those cases of girls, boys and adolescents, in which there are personal circumstances associated with their situation of disability and/or dependence, schooling will be prioritized in the educational center close to the home of the residential center or the cozy family, providing saidEducational Center for appropriate resources to cover the needs of the girl, boy or adolescent.
3. Girls, boys and adolescents in protection will be considered students with specific educational support needs.This consideration will be extended to those who have been adopted during the time required depending on their needs.
The specialized services of the education system will carry out the psychopedagogical evaluation of girls, boys and adolescents in protection, in order to determine the educational care measures they need, as well as the detection and early care of possible development disorders.
4. The Educational Administration of the Junta de Andalucía will guarantee the necessary curricular adaptation and linguistic adaptation resource for the educational care of foreign minors who are under the guardianship or guardian of the Junta de Andalucía.
5. The administration of the Junta de Andalucía will allocate specific resources to support the continuity of secondary education, high school, professional and university education studies of those who have been under a measure of family or residential foster care and that do not have means for this.
The universities of Andalusia will give them priority in access to the resources and aids available to the students' community.
The collaboration of other agencies and institutions, both public and private, will be promoted for the development of professional or technical professional or technical aid programs.
6. The Educational Administration must adopt the necessary measures to preserve the identity and personal circumstances of girls, boys and adolescents under the guardianship and guard of the Junta de Andalucía.
7. The Public Administrations of Andalusia will carry out the appropriate actions for the awareness and training of the educational community in relation to the needs and characteristics of girls, boys and adolescents in family care, keeps for adoption, adoption and residential foster care purposes.
8. The administration of the Junta de Andalucía will guarantee the priority and free.
Article 131 children and not accompanied migrant adolescents
1. The protection of unaccompanied children and adolescents will guarantee the rights that correspond to them as minors and their social integration will be possible regardless of the possibilities that exist to return with their family.
two. Children and migrant children not accompanied under the protection of the administration of the Junta de Andalucía will have the right to access all services and benefits whose competence has attributed the Autonomous Community of Andalusia, regardless of the state of processing their residence or asylum, and especially, in matters related to health, education, basic social services and benefits, employment, professional and occupational training.
3. Professionals that attend to children and not accompanied migrant adolescents must also be trained in interculturality and about the needs that these minors may have to receive the specialized protection they need.
4. The competent administrations will adopt the necessary measures to ensure that the requests for residence and/or the Spanish nationality of the persons under guardianship or guardian of the Junta de Andalucía are processed, in accordance with the Legislation of foreigners.
Artículo 13two Preparación para la vida independiente
1. The achievement of personal autonomy, full social and work integration, and preparation for independent life are of the highest priority in the process of comprehensive care of adolescents and young people in residential and family care.
two. The preparation programs for independent life will be destined for both the minor population with a protection measure and to the people who have been under the tutelage of the Junta de Andalucía a maximum up to twenty -five years.
3. From the age of sixteen, actions aimed at enhancing their educational training, orientation and professional insertion, as well as their personal and social skills, and to train them to manage their domestic economy and achieve autonomy for independent life for independent life.Especially awareness and awareness measures will be developed for young people to achieve their active participation in these programs.
4. The beneficiaries of these programs will express an express commitment to use in order to achieve the success of resources.
5. The minors who are under the tutelage of the Junta de Andalucía, once the age of majority is reached, up to twenty -five years, can benefit as preferential recipients of the benefits of contributory or non -contributory and employment, help to the rentaland to access to housing, in order to complement these preparation programs for independent life.
6. The actions will always be performed from a gender perspective, promoting autonomy and socio -labor insertion of young people who have been or are under the tutelage of the Junta de Andalucía.Positive action measures will be established that enhance the access and use of young people in these programs.
7. The Administration of the Junta de Andalucía will establish roads of collaboration with the universities of Andalusia to promote and facilitate academic and professional access and professional training of young students who have been under their tutelage.
8. When those who participate in these programs are young people who have some disability all actions will be accompanied by the adjustments they need to favor their personal autonomy.
9. The Administration of the Andalusia Board will favor its labor integration including the reference to young people under their protection, such as those of those extined in the labor market, as a social criterion in the technical prescriptions of the contracts of the contracts that are celebrated.
10. In order to favor the insertion of young people extined in the labor market, public administrations may grant aid and subsidies to companies and entities for the hiring of these young people.
CAPÍTULEITHER VIISistema de información
Article 133 Information Information System for Children and Adolescents
1. In a complementary nature to the State Information System on Minors Protection, the Information Information System is created.concrete of the actions and the protection measures adopted with respect to each minor, as well as the effectiveness and quality of the protection system as a whole and of the human and material resources available and the people offered for the foster care and theadoption.
two. This system will respect at all times the principle of confidentiality, security and integrity of its data in compliance with current regulations on personal data protection.
3. The information system will integrate:
4. La información del sistema que se utilice en la confección de estadísticas oficiales quedará sometida a la preservación del secreto estadístico en los términos establecido en los artículos 9 al 13 y two5 de la Ley 4/1989, de 1two de diciembre, de Estadística de la Comunidad Autónoma de Andalucía.
Article 134 Registration of the risk statements of childhood and adolescence in Andalusia
1. The registration of the risk statements of childhood and adolescence in Andalusia will be unique for the entire autonomous community, without prejudice to its management by local entities, and in it the data related to girls, boys and adolescents on which they haveRisk statements fallen, both for monitoring purposes, and for statistical purposes.
two. The organization and operation of this registration will be determined regulation.
Article 135 Registry of Guardians and Guards of Andalusia
1. The registry of guardianships and guards of Andalusia will be unique for the entire autonomous community, without prejudice to its decentralized management in the peripheral services of the Ministry responsible for minors protection, and it will register all the data related to girls,children and adolescents subject to guardianship or guard.
two. The organization and operation of this registration will be determined regulation.
Article 136 Registration of suitability for family care and the adoption of Andalusia
1. The suitability registry for family care and the adoption of Andalusia will be unique for the entire autonomous community, without prejudice to its decentralized management in the peripheral services of the Ministry competent in the field of protection of minors, and all people will register in itthat have been declared suitable for family care and national or international adoption by the public entity.
two. The organization and operation of this registration will be determined regulation.
TÍTULEITHER VIDel régimen sancionador
CAPÍTULEITHER IDisposiciones generales
Article 137 of the infractions and sanctions and of the responsible subjects
1. Administrative infractions of this law are considered, the actions or omissions typified and sanctioned in this title, without prejudice to civil, criminal or other responsibilities that can be incurred.
two. Serán sujetos responsables de las infracciones administrativas a título de dolo o de culpa las personas físicas o jurídicas, y de conformidad con lo dispuesto en el artículo two8.1 de la Ley 40/two015, de 1 de octubre, de Régimen Jurídico del Sector Público, los grupos de afectados, las uniones y entidades sin personalidad jurídica y los patrimonios independientes o autónomos, cuando una ley les reconozca capacidad de obrar, a las que sean imputables las acciones u omisiones tipificadas como tales en la presente ley.
Article 138 Prescription of infractions and sanctions
1. The infractions provided for in this law will prescribe a year, in the case of minor infractions;At three years, in the case of serious, and at age five, in the case of very serious infractions.
two. The sanctions provided for in this law will prescribe a year, those of a slight type;At three years, those of a serious type, and at five years, the very serious type.
3. De conformidad con lo regulado en la Ley 40/two015, de 1 de octubre, el plazo de prescripción de las infracciones comenzará a contarse desde el día en que la infracción se hubiera cometido.In the case of continuous or permanent infractions, the deadline will begin to run since the infringing behavior ended.
The prescription will interrupt the initiation, with knowledge of the interested person, of the sanctioning procedure, the prescription period resuming if the sanctioning file was paralyzed for more than a month for cause not attributable to the presumed person responsible.
4. The period of prescription of the sanctions will begin to be counted from the day following that in which the resolution by which the sanction is imposed or the deadline to resort to it is executed is executed..
The prescription will interrupt the initiation, with knowledge of the interested person, of the execution procedure, returning to the deadline if that is paralyzed for more than a month for cause not attributable to the infringing person.
In the case of alleged dismissal of the appeal filed against the resolution by which the sanction is imposed, the period of prescription of the sanction will begin to be counted from the day following that in which the term legally provided for the resolution of saidresource.
CAPÍTULEITHER IIInfracciones
ARTICLE 139 CLASSIFICATION OF INFRACTIONS
Infractions are classified as slight, serious and very serious.
Article 140 Mild infractions
They constitute minor infractions:
Article 141 Serious infractions
The following shares or omissions constitute serious infractions provided that they should not be qualified as very serious in accordance with the provisions of the following article:
Artículo 14two Infracciones muy graves
They constitute very serious infractions:
CAPÍTULEITHER IIISanciones
Article 143 Sanctions
The commission of any or some of the infractions collected in this rule will be sanctioned as follows:
Article 144 graduation of sanctions
1. In the graduation of the sanctions, the due adequacy between the seriousness of the fact constituting the infraction and applied sanction will be kept, and the following criteria will be taken into account:
Asimismo, se tendrá en cuenta la reparación espontánea de los daños causados, el cumplimiento voluntario de la legalidad, o la subsanación de las deficiencias por la persona infractora, a iniciativa propia, antes de la resolución del expediente sancionador, así como lo dispuesto en el artículo two9. 4 de la Ley 40/two015, de 1 de octubre.
two. If the economic benefit that results from an infraction typified by this law is superior to the corresponding pecuniary sanction, it will increase with the amount equivalent to the benefit obtained.
Article 145 Recidivism
A efectos de la valoración de la reincidencia se estará a lo dispuesto en el artículo two9.3.d) de la Ley 40/two015, de 1 de octubre.
ARTICLE 146 Reduction of sanctions
Cuando la sanción tenga únicamente carácter pecuniario o bien quepa imponer una sanción pecuniaria y otra de carácter no pecuniario, pero se haya justificado la improcedencia de la segunda, se podrá aplicar una reducción de al menos el two0% sobre el importe de la sanción propuesta, de conformidad con lo regulado en el artículo 85 de la Ley 39/two015, de 1 de octubre.
Article 147 Advertising of the sanctions
1. En el caso de infracciones graves o muy graves, el órgano competente podrá acordar en la resolución del expediente sancionador la publicación, en el Boletín EITHERficial de la Junta de Andalucía o en los medios de comunicación social, de las sanciones impuestas una vez hayan adquirido firmeza.The cost of the publication will be borne by the person or entity sanctioned.
two. This publication must refer to the names, surnames, denomination or business name of the responsible subjects, as well as the class and nature of the infractions.
CAPÍTULEITHER IVDel procedimiento sancionador
Article 148 Sanctioning Procedure
El procedimiento sancionador de las infracciones tipificadas en la presente ley se regirá por lo previsto en el capítulo III del título preliminar de la Ley 40/two015, de 1 de octubre, de Régimen Jurídico del Sector Público, y en el título IV de la Ley 39/two015, de 1 de octubre.
Article 149 competent bodies
1. Los órganos competentes para acordar el inicio de un procedimiento sancionador serán las personas titulares de las delegaciones territoriales o provinciales de la Consejería con competencia en materia de menores, en cuyo ámbito ha tenido lugar la infracción, en todos los casos, a excepción de las infracciones graves recogidas en las letras f) y g) del artículo 141, que serán competentes las delegaciones territoriales o provinciales de la Consejería con competencias en materia de educación, y la infracción muy grave, letra c) del artículo 14two, que será competencia de la Delegación que tenga la competencia en materia de espectáculos y festejos públicos en el territorio.
two. In the start agreement, the body that must be instructed will be appointed, complying with the provisions of article 63.1 de la Ley 39/two015, de 1 de octubre, del Procedimiento Administrativo Común de las Administraciones Públicas.
3. The competent bodies to resolve the sanctioning procedure will be:
Article 150 Provisional measures
1. In accordance with the provisions of the legal system, the competent body to resolve the sanctioning procedure may, once this is initiated, adopt the provisional measures that it deems necessary and are provided to ensure the effectiveness of the administrative resolution that could fallof the procedure, avoid the maintenance of the effects of the infraction and the demands of the general interests.
two. De acuerdo con lo dispuesto en la Ley 39/two015, de 1 de octubre, antes del inicio del procedimiento sancionador, el órgano competente para iniciar o instruir un procedimiento, de oficio o a instancia de parte, podrá adoptar de forma motivada las medidas provisionales que resulten necesarias y proporcionadas.
3. In any case, those provisional measures that safeguard the physical and moral integrity of girls, boys and adolescents must be adopted.
Article 151 Relationship with civil and criminal jurisdiction
1. When the competent body to initiate the sanctioning procedure had indications that the fact could also constitute a criminal offense, with identity of facts, subjects and foundation, will inform the competent jurisdictional body, refraining from continuing the procedure, once initiated,until there is a jurisdictional pronouncement.
two. When the aforementioned body had knowledge, once the sanctioning procedure, of the existence of criminal proceedings with identity, subjects and basis, will also be initiated, the procedure will also be abstained until the procedure is still.
3. If once the sanctioning procedure is resolved, administrative responsibilities are derived for parents, mothers, tutoring or guardians, will be informed of the Minors Prosecutor's Office in case civil responsibilities could be deducted.
DISPEITHERSICIEITHERNES ADICIEITHERNALES
Additional provision First use of the term public entity
All the references that the law collects on "public entity" refer to the administration of the Junta de Andalucía that exercises competence in minors protection through the competent body.
Additional additional provision coordination with other autonomous communities
The Administration of the Junta de Andalucía will be coordinated with other autonomous communities for the search for families for girls, boys and adolescents who present special characteristics and for those who do not exist for families for the care or adoption in their Autonomous Community.
ADDITIONAL ADDITIONAL PROVISION
The Administration of the Junta de Andalucía will establish the necessary collaboration with the General State Administration so that the temporary displacements of foreign minors to Andalusia, either through programs promoted by natural persons or legal persons, are authorized and developed according to thepurposes and requirements established in the Spanish regulatory regulation on foreigners.
Fourth Additional Provision of residential or family care of foreign minors in the territorial scope of the Autonomous Community of Andalusia
Residential or family care services to foreign minors who are provided in the territory of Andalusia, as part of a reeducational and separation process of the conflicting environment, agreed and authorized by the competent authority of their country of origin, must accredit before the entityPublic competent due to the territory that have the authorizations and qualifications that apply to them, as well as that periodic monitoring of the minors attended is carried out.
Fifth additional provision of establishments that develop therapeutic or reeducational programs with residential attention to minors with behavioral problems
The establishments in which programs of a therapeutic or reeducational nature are developed with residential attention to minors with behavioral problems subject to parental rights, must be authorized by the health or educational administration that apply to them, according to the nature of the intervention that isdevelop in them.
Disposición adicional sexta EITHERrdenación, garantía y sostenibilidad del sistema de protección a la infancia y adolescencia
The Administration of the Junta de Andalucía will prepare, within one year, an management plan of the childhood and adolescence protection system in Andalusia that includes the organizational model, resources and services and guarantees of sustainability, for which whichYou must have social agents in the field of childhood and adolescence and the professional associations of Social Education, Psychology and Social Work.
Additional provision seventh formation in childhood and adolescence
The Ministry of Children's competencies, together with the Andalusian Institute of Public Administration, will prepare a training program specialized in childhood and adolescence for public employees who work in the field of minors, within the maximum period of twelve months from the entrancein force of this law.
Additional provision eighth adaptation of the contents of the law to easy reading, adapted to childhood and adolescence
Six months after the entry into force of this law, adaptation will be carried out in a simple and clear language so that it can be known and comprised by Andalusian minors.
Additional Provision novena denomination of institutional body
El Defensor del Menor de Andalucía creado por la Ley 1/1998, de two0 de abril, pasa a denominarse «Defensoría de la Infancia y Adolescencia de Andalucía".
Additional provision tenth lawyer in procedures on hate crimes
1. The administration of the Junta de Andalucía must be appeared, in accordance with current procedural legislation, in the procedures on hate crimes referred toDeath to people due to their belonging to one of the groups provided for in this legal precept, or in the procedures of special gravity or with great social impact, properly justified.
two. The administration of the Junta de Andalucía may be appeared, in accordance with current procedural legislation, in the remaining procedures on hate crimes referred to in article 510 of the Criminal Code, committed in Andalusia.
3. The Administration of the Junta de Andalucía will guarantee adequate technical training and support, in the field of hate crimes, to the lawyers and lawyers of the Legal Cabinet of the Junta de Andalucía, in order to ensure the quality in care, and will encourage trainingIn this area, professionals directly related to victims' care.
4. It will correspond to the Ministry responsible for equality, social policies and conciliation the competence to authorize the personation of the Administration of the Junta de Andalucía in these procedures and the coordination and interlocution with the legal cabinet in the administrative actions that are necessary to promote thisLegal assistance.
Single transitory disposition of the procedures and validity of the regulatory development
1. The administrative procedures initiated prior to the entry into force of this law will be governed by the regulations in force at the time of its beginning.
two. Las disposiciones reglamentarias aprobadas en desarrollo de la Ley 1/1998, de two0 de abril, continuarán en vigor en lo que no se oponga esta ley hasta la entrada en vigor del nuevo desarrollo reglamentario.
Single derogatory disposition regulatory
Quedan derogadas cuantas normas de igual o inferior rango se opongan a lo establecido en esta ley y, expresamente, la Ley 1/1998, de two0 de abril, de los Derechos y la Atención al Menor, excepto el título III de la Ley 1/1998, de two0 de abril, que se mantiene vigente.
LE0000004746_two0two10830DISPEITHERSICIEITHERNES FINALES
Disposición final primera Modificación de la Ley 18/two003, de two9 de diciembre, de Medidas Fiscales y Administrativas
Se modifica el apartado 1 del artículo 139 de la Ley 18/two003, de two9 de diciembre, de Medidas Fiscales y Administrativas, y queda redactado como sigue:
"1. Todos los proyectos de ley, disposiciones de carácter general que apruebe el Consejo de Gobierno y las demás disposiciones generales dictadas en desarrollo de las anteriores deberán tener en cuenta, de forma efectiva, el objetivo de la igualdad por razón de género y del respeto a los derechos de las niñas, niños y adolescentes, según la Convención de los Derechos del Niño de Naciones Unidas, de two0 de noviembre de 1989, y su concreción en el resto de la normativa internacional, así como en la estatal y la autonómica que son aplicables en materia de menores.To this end, in the processing of the aforementioned provisions, an impact evaluation report must be issued by reason of gender."
LE00001961two7_two0two10830Disposición final segunda Modificación de la Ley 1/two009, de two7 de febrero, reguladora de la Mediación Familiar en la Comunidad Autónoma de Andalucía
Se introduce un nuevo apartado 4 en el artículo two7 de la Ley 1/two009, de two7 de febrero, cuya redacción es la siguiente:
"4. Mediation will be free for conflicts that arose between the people received and their families of origin or cozy."
LE0000354539_two0two10830Final Provision Third Modification of Law 9/1983, of December 1, of the Andalusian Ombudsman
Section 1 of article 8 of Law 9/1983, of December 1, is modified and is written as follows:
"1. The Andalusian Ombudsman will be helped by three attached people in which he may delegate his functions and among which he will designate the one who helps him in the exercise of the functions that correspond to him as a defender or defender of childhood and adolescence."
LE0000004two49_two0two10830Disposición final cuarta Modificación de la Ley 9/two016, de two7 de diciembre, de Servicios Sociales de Andalucía
Se adiciona una letra o) en el apartado two del artículo 4two de la Ley 9/two016, de two7 de diciembre, de Servicios Sociales de Andalucía, cuya redacción queda como sigue:
LE0000588071_two0two10830FINAL FINAL PROVISION GUARANTEES FOR THE COMPLIANCE OF THE RIGHT OF THE LESS PERSON TO BE OK AND LISTENED
The Ministry responsible for Justice will carry out, within one year, the measures that guarantee the right recognized in article 47 of this law.
Final disposition Sixth Regulatory Development
The Governing Council of the Junta de Andalucía is empowered so that, within eighteen months since its entry into force, it dictates the provisions that are necessary for the development and application of this law.
Final disposition Seventh entry into force
La presente ley entrará en vigor al mes de su publicación en el Boletín EITHERficial de la Junta de Andalucía.
