FELIPE VI

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following organic law.

PREAMBLE

I

Article 39 of the Constitution establishes the obligation of the public authorities to ensure the social, economic and legal protection of the family, especially minors, in accordance with the agreements international to ensure their rights.

In compliance with this mandate, the state legislator, within the framework of its powers, has regulated the public and private legal institutions on which the protection of the child is based.

The result, whose maximum exponent is the Organic Law 1/1996, of 15 January, of the Legal Protection of the Child, of partial modification of the Civil Code and of Civil Procedure, in the future Organic Law of Legal Protection of the It is a regulatory framework which guarantees minors uniform protection throughout the territory of the State, and which has served as a reference to the legislation which the Autonomous Communities have adopted in accordance with their competence in the field of social care, social services and public protection of minors.

However, after almost twenty years since the adoption of this standard, important social changes have taken place that affect the situation of minors and demand an improvement in their protection instruments. for the purpose of effective compliance with Article 39 of the Constitution.

This is evident in the recommendations contained in the Report on "Centers for the Protection of Minors with Disorders of Conduct and in a Situation of Social Difficulty" in 2009 and in the " Study on Listening and Interest of the child, judicial review of protection measures and family proceedings of the year 2014 " of the Ombudsman. In the same sense, the Office of the Prosecutor General of the State in the Recommendations contained in its Memory of the year 2010, the Committee of the Rights of the Child in the Final Observations to Spain of November 3, 2010, and the Special Commission of the Senate to study the problem of national adoption and other related topics, whose report was published in the "Official Gazette of the General Cortes", Senate, on November 17, 2010. In addition, there are several international conventions that have come into force in our country in this period and which require regulatory adaptation.

In accordance with the proposals and recommendations referred to above, this law aims to introduce the necessary legal and procedural changes in those areas considered as organic matter, by influencing the fundamental rights and public freedoms as set out in Articles 14, 15, 16, 17.1, 18.2 and 24 of the Constitution. The aim is to improve the protection of these instruments, in order to continue to guarantee to minors uniform protection throughout the territory of the State, which will serve as a framework for the Autonomous Communities in their development. the legislation on the protection of minors, irrespective of their administrative situation, in the case of foreigners. To this end, by means of two articles and three final provisions, the main laws governing the institutions for the protection of minors are amended.

In the first article, the amendments to the Organic Law on the Legal Protection of the Child are established; in the second article, the amendments that affect Law 1/2000 of 7 January of Civil Procedure are determined. In the future Law of Civil Procedure; in the final disposition, the modifications corresponding to the Law of the Law 6/1985, of July 1, of the Judiciary, in the future Organic Law of the Judiciary; in the final disposition are collected The second amendment of the Organic Law 4/2000 of 11 January on the rights and freedoms of the In Spain and its social integration and the third final provision, the Organic Law 1/2004, of 28 December, of Comprehensive Protection Measures against Gender Violence is amended.

II

The changes introduced in the Organic Law on the Legal Protection of the Child develop and strengthen the right of the child to be a priority, a fundamental principle in this matter, but a legal concept This is an indeterminate matter, which has been the subject of various interpretations over the years. Therefore, in order to give substance to the aforementioned concept, Article 2 is amended by incorporating both the case-law of the Supreme Court of the last few years and the criteria of General Observation No 14 of 29 May 2013 of the Committee of United Nations on the Rights of the Child, on the right of the child to be a primary consideration. This concept is defined from a triple content. On the one hand, it is a substantive right that the child has the right to, when a measure is adopted which concerns him, his best interests have been assessed and, if there are other interests in the presence, have been weighted when it comes to a solution. On the other hand, it is a general principle of interpretative character, so that if a legal provision can be interpreted in more than one way, the interpretation that best responds to the interests of the child must be chosen. But in addition, last but not least, this principle is a procedural rule. In these three dimensions, the best interests of the child have the same purpose: to ensure the full and effective respect of all the rights of the child, as well as their integral development.

In the light of these considerations, it is clear that the determination of the best interests of the child in each case should be based on a series of accepted criteria and universally recognized values by the legislator that must be In the light and weighted according to various elements and the circumstances of the case, they should be made explicit in the statement of reasons for the decision taken, in order to ascertain whether or not the application of the principle has been correct.

Article 3 is amended to include the timely reference to the Convention on the Rights of Persons with Disabilities of 13 December 2006, signed by Spain on 30 March 2007 and whose instrument of ratification was published in the "Official State Gazette" of 21 April 2008; and adapt the language accordingly, replacing the term disability disability.

By amending Article 9, the fundamental right of the child to be heard and heard in accordance with the provisions of the Council of Europe Convention for the Protection of Children is developed in more detail. against the exploitation and sexual abuse, made in Lanzarote on 25 October 2007, signed by Spain on 12 March 2009 and whose instrument of ratification was published in the "Official State Gazette" of 12 November 2010; and with the criteria set out in Observation No 12 of 12 June 2009 of the United Nations Committee on the Rights of the Child, about the right of the child to be heard. The term of judgment is replaced by the term of maturity, both in the present organic law and in the ordinary law of modification of the system of protection to childhood and adolescence, for being a more adjusted term to the legal and forensic language that was already incorporated in its time in Law 54/2007, of December 28, International Adoption, and which is generally used in the various international conventions in the field, such as the United Nations Convention on the Rights of the Child, the Convention on the protection of the child and cooperation in the field of international adoption, There is 29 May 1993, or the Optional Protocol to the Convention on the Rights of the Child relating to a communications procedure, made in New York on 19 December 2011, among others. It is expressly stated that there can be no discrimination in the exercise of this right on the grounds of his or her disability, both in the family and in any administrative, judicial or mediation proceedings in which he is directly involved, in line with the United Nations Convention on the Rights of Persons with Disabilities of 13 December 2006. In addition, the special needs that the minor has to be able to properly exercise this right and the corresponding means to satisfy them are detailed. The case law of the European Court of Human Rights (SN cases against Sweden of 2 July 2002, Magnusson v Sweden of 16 December 2003 and Bellerin v Spain of 4 November 2003) is also taken into account in this regulation. and the Supreme Court (judgment No.  96/2009, dated March 10).

Article 10 (2) is also amended by adding the possibility of providing minors with access to appropriate mechanisms and adapted to their needs in order to raise their complaints with the Ombudsman or Autonomous regional institutions. In addition, the effective judicial protection of minors is strengthened by introducing the possibility of requesting legal assistance and the appointment of a judicial defender.

It is regulated, as an important novelty, in the new Chapter IV of Title II, the entry of minors into specific protection centres for minors with problems of conduct in which the use of children is intended as a last resort. security measures and restrictions on freedoms or fundamental rights, as well as the actions and interventions that may be carried out on them. Its specific regulation addresses the requests made by relevant institutions such as the Ombudsman, the State Attorney General's Office and the Committee on the Rights of the Child, among others, and whose situation was also addressed by the Commission. Special Senate to study the issue of national adoption and other related issues, as well as with the provisions of the Constitutional Court in its judgments 131 and 132/2010 of 2 December 2010, for which they were resolved questions of unconstitutionality brought, respectively, in relation to Article 211 of the Civil Code and with the twenty-third final provision of the Organic Law on the Legal Protection of the Child and with Article 763 of the Law on Civil Procedure.

These child protection centers take into account the special characteristics, complexity, conditions and needs of these children, which require specialized intervention, when they are under the protection of the Public Entity.

Spanish society has undergone an accelerated process of change over the last few years that has had its manifestation in the appearance of a new profile of the users of the social services and the services of protection to the children and families.

It is the case of minors entering protection centers, in an increasing number, at the request of their own families, in the face of very conflicting situations arising from problems of aggressive behavior, family misalignment, situations of filiopial violence and serious difficulties in exercising parental responsibility. Their psychological and social situation demands different solutions to those offered by the ordinary protection centres or their families and require an income in specialised centres, before reporting on their social situation and on their status. psychic.

Their regulation may, at times, have an impact on the fundamental rights of minors, which requires legislation to determine the limits of intervention and to regulate, among other things, security measures. such as containment, isolation or personal and material records, as well as other measures such as the administration of medicines, the regime of visits, exit permits or their communications, in each case.

In any case, these centers can never be conceived as instruments of social defense against conflicting minors, taking into account, moreover, that the intervention does not derive from the prior accreditation of the commission of crimes. These centres must provide minors with problems of conduct, when ordinary family and educational institutions do not exist or have failed, an appropriate framework for education, the normalisation of their conduct and the free and harmonious development of his personality. The justification of specific resources to address serious behavioural problems, as well as crisis situations, lies in the need to provide these minors with a more structured socio-educational and psychotherapeutic context, which only a specific programme can offer them, dealing with the problem from a positive approach and from opportunities, in addition to the principles and educational projects designed in general.

III

In the second article, the Civil Procedure Law is amended to introduce procedural reforms that guarantee the effectiveness of the substantive news that has been exposed, as well as to obtain from the Courts the the most effective protection of the rights and interests of minors.

With the introduction of the new article 778a, an agile, simple and detailed procedure is incorporated to obtain the judicial authorization of the entry of a minor in a specific protection center of minors with problems of conduct, in order to legitimize restrictions on their freedom and fundamental rights that the measure may entail. The entry of a minor in these centers, at the request of the Public Entity or the Prosecutor's Office, requires due judicial control that will be carried out by requiring that the Judge of First Instance of the domicile of the Public entity, except in the cases of urgency, in which the income will be ratified later, with the intervention of the Prosecutor's Office and the child.

Furthermore, amendments are made to the regulation of authorisations for entry into homes and other places whose access requires the consent of the holder for the enforcement of measures of protection of a child. The necessary guarantee of the fundamental rights at stake leads to the introduction, by the new Article 778 ter of the Law of Civil Procedure, of a special procedure to know of the requests to enter in an address in enforcement of administrative decisions for the protection of minors.

To date, the jurisdiction has been attributed to the judicial-administrative jurisdiction, there being no specific procedure that fully guarantees the balance of the interests at stake: on the one hand, the higher interest of the child affected by the administrative decision whose execution requires the entry into a domicile; and of the other, the fundamental right to the inviolability of the domicile enshrined in Article 18.2 of the Constitution. In view of the present situation, it has been chosen to confer jurisdiction on the authorization of entry to the Court of First Instance, since it is the responsibility of the Court of First Instance for the knowledge of the remedies against the decisions given by the Court of First Instance. Public entities competent in the field, having to carry out a weighting of the interests at stake, competition away from the essential function of the Court of the Administrative-Administrative, which focuses on the control of the correction of the administrative activity submitted to his/her knowledge.

A summary, agile and detailed procedure is regulated. It is true that these authorisations are normally requested in circumstances where protective measures must be implemented urgently, requiring speed in their resolution, which is ensured by the possibility of the Judge immediately take such a resolution, provided that such a need is justified.

The jurisdiction of territorial jurisdiction is attributed to the general criterion for the protection of minors, in order to favor the unit of criterion of the Courts that intervene, and avoiding the dispersion that would be derived from any other jurisdiction. The procedure guarantees both the intervention of the Prosecutor's Office, and the hearing of the owner of the registered office, without this procedure being able to constitute an obstacle or undue delay for the judicial decision, attended to the urgency of each case.

IV

Likewise and in a complementary manner with the modifications operated in the Law of Civil Procedure, in the final disposition the Organic Law of the Judicial Branch is amended in relation to the jurisdiction to grant the judicial authorisation for the entry into the domicile for the enforcement of the enforcement of child protection measures agreed by the competent Public Entity in the matter.

V

The second final provision carries out a modification of the Organic Law 4/2000, of January 11, on the rights and freedoms of foreigners in Spain and their social integration, for the protection of foreign persons in Spain. irregular situation and their children, who have been the victim of trafficking in human beings.

VI

By the third final provision, the amendment of the Organic Law 1/2004 of 28 December of Comprehensive Protection Measures against Gender Violence is carried out.

Any form of violence against a minor is unjustifiable. Among them, the violence suffered by those who live and grow in a family environment where gender violence is present is particularly egregious. This form of violence affects minors in many ways. First, conditioning their well-being and their development. Second, causing them serious health problems. Thirdly, making them an instrument for exercising domination and violence over women. And finally, favoring the intergenerational transmission of these violent behaviors about women by their partners or former partners. The exposure of children to this form of violence in the home, where they should be more protected, also makes them victims of violence.

For all this, it is necessary, first of all, to recognize the victims of gender-based violence by their consideration in Article 1, in order to make visible this form of violence that can be exercised over them.

Their recognition as victims of gender-based violence entails the amendment of Article 61, in order to achieve greater clarity and to emphasise the duty of the Judges to rule on the precautionary and In particular, it is necessary to ensure that civil action is taken against children who are dependent on the woman on whom violence is exercised.

Article 65 is also amended in order to extend the protection situations in which minors may be in charge of the female victim of gender-based violence.

Finally, the wording of Article 66 is improved by overcoming the conception of the visitation regime and understanding it in a global way as stays or ways of relating or communicating with minors.

VII

An additional provision is introduced which provides for the use of the expression "Public Entity"; the second provision contains an entitlement to the Government to promote with the Autonomous Communities the establishment of common criteria and minimum standards in the application of this law, and in the transitional provision the regulation is regulated which, in the light of the modifications made, must be applied to the judicial procedures already initiates.

By including a derogation provision, a general repeal clause is established.

In the fourth final provision, the competent titles under which this reform is carried out are regulated, having the character of organic all its articles and the final provisions first, second and third; The fifth final provision regulates the non-increment of the budgetary expenditure; in the final provision the sixth is enabled to the government for the regulatory development; and, finally, in the final disposition seventh the entry into force of the the twenty days of its publication in the "Official Gazette of the State", broad enough for the content of what's new to be known to be properly known.

Article first. Amendment of Organic Law 1/1996, of 15 January, of Legal Protection of the Child, of partial modification of the Civil Code and of the Law of Civil Procedure.

Organic Law 1/1996, of 15 January, of Legal Protection of the Child, of partial modification of the Civil Code and of the Law of Civil Procedure, is amended in the following terms:

One. The heading of Chapter I of Title I is amended as follows:

" CHAPTER I

Lower scope and interest of the child "

Two. Article 2 is amended as follows:

" Article 2. Lower interest of the child.

1. Every child has the right to be valued and considered as a prime concern in all actions and decisions that concern him, both in the public and private spheres. In the application of this law and other rules affecting it, as well as in measures concerning minors who adopt the institutions, public or private, the Courts, or the legislative bodies shall take the best interests of the on any other legitimate interest that may be present.

The limitations to the ability to act of minors will be interpreted restrictively and, in any case, always in the best interests of the child.

2. For the purposes of interpretation and application in each case of the best interests of the child, the following general criteria shall be taken into account, without prejudice to those laid down in the applicable specific legislation, as well as to those other than can be estimated to be appropriate in the light of the specific circumstances of the case:

(a) The protection of the right to life, survival and development of the child and the satisfaction of their basic needs, both physical, physical and educational, as emotional and emotional.

b) The consideration of the wishes, feelings and opinions of the child, as well as their right to participate progressively, according to their age, maturity, development and personal evolution, in the process of determining their interest higher.

c) The desirability of your life and development taking place in an appropriate and violence-free family environment. Stay in your family of origin will be prioritized and the maintenance of your family relationships will be preserved, whenever possible and positive for the child. In the case of a protection measure, the family reception in front of the residential will be prioritized. Where the child has been separated from his or her family, the possibilities and appropriateness of his return will be assessed, taking into account the evolution of the family since the protective measure was adopted and the interest and the needs of the child over those of the family.

(d) The preservation of the child's identity, culture, religion, belief, sexual orientation and identity, as well as non-discrimination by these or any other conditions, including disability, ensuring the harmonious development of his/her personality.

3. These criteria shall be weighted taking into account the following general elements:

a) The age and maturity of the child.

b) The need to ensure equality and non-discrimination due to their particular vulnerability, whether due to lack of family environment, ill treatment, disability, orientation and sexual identity, their refugee status, asylum seeker or subsidiary protection, membership of an ethnic minority, or any other relevant characteristic or circumstance.

c) The irreversible effect of time in its development.

d) The need for stability of the solutions that are adopted to promote the effective integration and development of the child in society, as well as to minimize the risks that any change of material or emotional situation may cause your personality and future development.

e) The preparation of transit at adulthood and independent age, in accordance with their personal abilities and circumstances.

(f) Those other elements of weighting which, in the particular case, are considered relevant and respect the rights of minors.

The above elements must be jointly valued, in accordance with the principles of necessity and proportionality, so that the measure taken in the best interests of the child does not restrict or limit more rights than the that you love.

4. In the event of any other legitimate interest in the best interests of the child, the measures which, in response to this interest, also respect the other legitimate interests present, shall be prioritized.

In the event that all concurrent legitimate interests cannot be respected, the child's best interests must be first over any other legitimate interest that may be served.

Decisions and measures taken in the best interests of the child shall in any event assess the fundamental rights of other persons who may be affected.

5. Any measure in the best interests of the child shall be adopted with due regard to the due process and in particular:

a) The rights of the child to be informed, heard and heard, and to participate in the process in accordance with current regulations.

b) Intervention in the process of qualified professionals or experts. If necessary, these professionals should have sufficient training to determine the specific needs of children with disabilities. In particular relevant decisions affecting the child, the collegial report of a specialised technical and multidisciplinary group in the appropriate areas shall be provided.

(c) The participation of parents, guardians or legal representatives of the child or of a judicial defender if there is conflict or disagreement with them and the Prosecutor's Office in the process in defense of their interests.

(d) The adoption of a decision including in its statement of reasons the criteria used, the elements applied when weighting the criteria with each other and with other present and future interests, and the respected procedural guarantees.

e) The existence of resources to review the decision taken that has not considered the best interest of the minor as primordial or in the case of the development of the minor or significant changes in the Circumstances that prompted such a decision make it necessary to review it. Minors shall enjoy the right to free legal assistance in the legally provided cases. "

Three. Article 3 is amended as follows:

" Article 3. Reference to International Instruments.

Minors will enjoy the rights granted to them by the Constitution and the International Treaties of which Spain is a party, especially the United Nations Convention on the Rights of the Child and the Convention on the Rights of the Child. Persons with Disabilities, and other rights guaranteed in the legal order, without any discrimination on grounds of birth, nationality, race, sex, disability or disease, religion, language, culture, opinion or any other personal, family or social circumstances.

This law, its implementing rules and other legal provisions relating to persons under age shall be interpreted in accordance with the International Treaties of which Spain is a party and, in particular, of agreement with the United Nations Convention on the Rights of the Child and the Convention on the Rights of Persons with Disabilities.

The public authorities shall ensure that the rights of minors are respected and that their actions are appropriate to this law and to the aforementioned international regulations. "

Four. Article 9 is amended as follows:

" Article 9. Right to be heard and heard.

1. The child has the right to be heard and heard without discrimination by age, disability or any other circumstance, both in the family and in any administrative, judicial or mediation proceedings in which he is affected and who leads to a decision that affects their personal, family or social sphere, taking due account of their opinions, depending on their age and maturity. To this end, the child must receive the information that allows him to exercise this right in an understandable language, in formats accessible and adapted to his circumstances.

In judicial or administrative proceedings, the minor's appearances or hearings shall be of a preferential nature, and shall be carried out in an appropriate manner to their status and evolutionary development, with the assistance, if necessary, of qualified professionals or experts, taking care to preserve their privacy and using language that is understandable to him, in accessible formats and adapted to their circumstances informing him of what he is asked about as well as the consequences of your opinion, with full respect for all procedural guarantees.

2. It shall be ensured that the child, when he is mature enough, can exercise this right by himself or through the person he designates to represent him. Maturity must be assessed by specialised staff, taking into account both the developmental development of the child and its ability to understand and assess the specific case to be dealt with in each case. It is considered, in any case, that it has sufficient maturity when it is twelve years old.

To ensure that the child can exercise this right by himself, he or she will be assisted, if any, by interpreters. The child may express his or her opinion verbally or through non-verbal forms of communication.

However, where this is not possible or is not in the interests of the child, the opinion of the child may be known through his legal representatives, provided that they do not have interests that are contrary to his or her own, or through other persons who, by virtue of their profession or relationship of special trust with him, are able to transmit it objectively.

3. Whenever the appearance or hearing of minors directly or through a person representing him is refused on the administrative or judicial basis, the decision shall be motivated in the best interests of the child and communicated to the Prosecutor's Office, to the less and, where appropriate, its representative, explicitly stating the existing resources against such a decision. The decisions on the fund shall include, where appropriate, the outcome of the hearing to the child, as well as his assessment. '

Five. Paragraph (c) is amended and a new subparagraph is inserted in Article 10 (2), which shall be as follows:

" c) Planting their complaints to the Ombudsman or to the autonomous regional institutions. To this end, one of the Ombudsman's Adtogether will be permanently responsible for matters relating to minors, providing them with access to appropriate mechanisms tailored to their needs and guaranteeing them confidentiality. "

" (e) Request legal assistance and the appointment of a judicial defender, if any, to undertake the necessary judicial and administrative actions aimed at the protection and defense of his rights and interests. In any case, the Prosecutor's Office may act in defense of the rights of minors. "

Six. Chapter IV, Title II, comprehensive of Articles 25 to 35, inclusive, which is read as follows:

" CHAPTER IV

Child-specific protection centers with behavioral problems

Article 25. Residential accommodation in child-specific protection centers with behavioral problems.

1. The provisions of this Chapter shall be subject to the provisions of this Chapter, revenue, actions and interventions in specific protection centres for minors with problems of conduct under the responsibility of the Public Entities or of collaborating private entities. of those, in which the use of security measures and restrictions on freedoms or fundamental rights is envisaged.

These centers, which are subject to international standards and quality control, will be assigned to the residential housing of minors who are in custody or guardianship of the Public Entity, who have been diagnosed with conduct, which present recurrent disruptive or social-social behaviour, transgressing the social norms and the rights of third parties, where in addition it is justified by their needs for protection and determined by a psychosocial assessment specialized.

2. The residential accommodation in these centres will be carried out exclusively when intervention is not possible through other protective measures, and will aim to provide the least adequate framework for their education, the standardisation of their conduct, their family reintegration where possible, and the free and harmonious development of their personality, in a structured context and with specific programmes in the framework of an educational project. Thus, the income of the child in these centres and the security measures applied to them will be used as a last resort and will always be educational in nature.

3. In the case of voluntary storage as provided for in Article 19, the family's commitment to be subject to professional intervention will be necessary.

4. These centres will have an appropriate ratio of the number of minors and the staff to their care to ensure individualised treatment for each child.

5. In the case of minors with disabilities, it will continue with the specialized supports that will be received or will be adopted more suitable, incorporating in any case measures of accessibility in the centers of income and in the actions that carry out.

Article 26. Admission to child-specific protection centers with behavioral problems.

1. The public entity that holds the guardianship or guardian of a minor, and the Prosecutor's Office, will be entitled to request the judicial authorization for the child's income in the specific protection centers of minors with problems of conduct. This income request will be motivated and based on psychosocial reports previously issued by personnel specializing in child protection.

2. Children who are suffering from diseases or mental disorders who require specific treatment by the competent services in the field of mental health or care for persons with disabilities may not be admitted to these centres. disability.

3. For the entry of a minor in these centers it will be necessary for the Public Entity or the Fiscal Ministry to obtain the corresponding judicial authorization, guaranteeing, in any case, the right of the minor to be heard as established in the Article 9. Such authorization shall be granted after the processing of the procedure laid down in Article 778a of Law 1/2000 of 7 January of Civil Procedure, and shall give an opinion on the possibility of implementing security measures, as well as temporarily limit the system of visits, communications and exits that could be adopted.

However, if reasons of urgency, properly motivated, make it necessary to immediately adopt the income, the Public Entity or the Prosecutor's Office may agree before the judicial authorization, owing to inform the competent court as soon as possible and, in any event, within 24 hours, for the purposes of the mandatory ratification of the same, for which it must provide the information available to it and the supporting documents of the immediate income. The Court shall decide within the maximum period of 70 and two hours from the receipt of the communication, leaving the entry without effect immediately if it does not authorize it.

4. Minors will receive written information about their rights and duties, the rules of operation of the center, general organizational matters, the educational system, the disciplinary regime and the means to formulate their income at the center. requests, complaints and appeals. Such information shall be transmitted in such a way as to ensure their understanding of the child's age and circumstances.

5. Minors will not remain in the center longer than is strictly necessary to meet their specific needs. The eesc will be agreed by the judicial body that is aware of the income, either on its own initiative or on a proposal from the Public Entity or the Fiscal Ministry. This proposal will be based on a psychosocial report.

Article 27. Security measures.

1. Safety measures may consist of mechanical restraint or physical containment of the child, in isolation or in personal and material records.

These measures will have an educational purpose and must respond to the principles of exceptionality, necessity, proportionality, provisionality and prohibition of excess, applying with the minimum intensity possible and strictly necessary, and shall be carried out with respect due to the dignity, privacy and rights of the child.

2. Security measures should be implemented by specialised and trained personnel in the field of child protection. This staff may only use security measures with minors as a last resort, in self-defense or in cases of escape attempts, physical resistance to an order or direct risk of self-harm, injury to others, or serious damage to property.

3. It is for the Director of the Centre or person to whom he has delegated, the adoption of decisions on security measures, which must be reasoned and must be notified immediately to the Public Entity and to the Prosecutor's Office and may be challenged by the child, the Prosecutor's Office and the Public Entity, before the judicial body that is aware of the income, which it will resolve after obtaining a report from the center and after hearing the child and the Prosecutor's Office.

4. The security measures applied must be recorded in the Incidents Registration Book, which will be supervised by the management of the centre.

Article 28. Containment measures.

1. The containment measures may be of a verbal and emotional type, of a physical type and of a mechanical type, in consideration of the circumstances in the presence.

2. The staff of the centres may only use physical or mechanical containment measures, prior to attempted verbal and emotional containment, without the use of physical force, if the situation permits.

3. Physical containment may consist only of the interposition between the child and the person or object that is in danger, the physical restriction of spaces and movements and, ultimately, under a strict protocol, the immobilization physical.

4. Mechanical restraint shall be admissible only in order to avoid a serious risk to the life or physical integrity of the child or third parties, and where it is not possible to reduce the level of stress or disorder of the child by other means. It must be performed with approved mechanical containment equipment, under a strict protocol.

Article 29. Minor isolation.

1. The isolation of a minor by staying in an adequate space from which his departure is prevented can only be used in the prevention of violent acts, self-harm, injury to other minor residents in the centre, the staff of the centre, or third parties, as well as serious damage to their facilities. It shall be applied in a timely manner at the time when it is necessary and in no case as a disciplinary measure and shall preferably be carried out in the child's own room, and if this is not possible, it shall be fulfilled in other similar space. habitability and dimensions.

2. The isolation shall not exceed six consecutive hours without prejudice to the child's right to rest. During the period of time the child remains in isolation, he/she will be accompanied or supervised by an educator.

Article 30. Personal and material records.

1. Personal and material records will be conducted with respect due to the dignity, privacy and fundamental rights of the person.

2. The minor's personal and cashless registration shall be made by the indispensable staff who shall require at least two professionals from the same sex centre as the child. When it involves some body exposure, it will be performed in an appropriate place, without the presence of other minors and while preserving the privacy of the child as much as possible.

Electronic media will be used preferably.

3. The staff of the centre may register the minor's belongings, and may withdraw those objects which are in his possession which may be of illegal origin, which may be harmful to himself, to others or to the premises. of the center or that they are not authorized for minors. Material records must be communicated in advance to the child as long as they cannot be performed in their presence.

Article 31. Disciplinary regime.

1. The disciplinary system in these centres will always be based on the socio-educational project of the centre and on the individualised of each child, to which it will be reported.

2. The disciplinary procedure will be the last resort to use, giving priority to the restorative systems of conflict resolution and educational interaction. No restrictions of equal or greater entity than those provided for in the legislation on the criminal liability of minors may be established.

3. In no case shall the measures contained in Articles 27 to 30 be used for disciplinary purposes.

4. The autonomous regulation on disciplinary measures must be sufficient and appropriate to the principles of the Constitution, this law and Title IX of Law 30/1992, of 26 November, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure, guaranteeing the child the legal assistance of an independent lawyer, respecting at all times the dignity and rights of minors and without in any case being deprived of them.

Article 32. Monitoring and control.

With the independence of the inspections of the centers that the Ombudsman, the equivalent institutions and the Ministry of Public Prosecutor can carry out, the measure of income of the child in the center of specific protection must be reviewed at least quarterly by the Public Entity, and must be sent to the competent judicial body that authorized the entry and to the Fiscal Ministry, with that periodicity, the appropriate follow-up motivated report that includes the entries of the Incident Log book.

For the purposes of the inspections and reports referred to in the preceding paragraph, the Incidents Registration Book shall respect, in respect of the data transferee, the adoption of the medium-level security measures. established in the legislation in force on the protection of personal data.

Article 33. Medication administration.

1. The administration of medicinal products to minors, where necessary for their health, must take place in accordance with the health professional practice, in compliance with the provisions on informed consent, and in the terms and conditions laid down In Law 41/2002 of 14 November, basic regulation of the autonomy of the patient and of rights and obligations regarding information and clinical documentation.

2. In any case, it must be an authorised medical doctor who prescribes medicinal products subject to medical prescription and monitors the correct administration and the evolution of the treatment. For these purposes, a record will be kept with the medical history of each of the children.

Article 34. Exit regime and exit permissions.

1. Visits by family members and other persons who are close may be restricted or suspended only in the interest of the child by the Director of the Centre, in a reasoned manner, when his educational treatment advises and in accordance with the terms laid down in the judicial authorization of entry.

The right of visitation may not be restricted by the application of disciplinary measures.

2. The Director of the Centre for the Specific Protection of Minors with Problems of Conduct may restrict or abolish the exits of persons admitted to the Centre, in the interests of the child and in a reasoned manner, when his or her educational treatment is advise, in accordance with the terms contained in the judicial authorization of entry.

3. The limiting measures of the system of visits and exit permits shall be notified to the persons concerned, to the minor and to the Fiscal Ministry in accordance with the applicable legislation.

Such measures may be challenged by the Prosecutor's Office and by the child to whom legal assistance of independent counsel will be guaranteed, before the judicial body that is aware of the income, which it will resolve after obtaining report of the centre and previous hearing of the persons concerned, the child and the Prosecutor's Office.

Article 35. Minor's communications regime.

1. Minors admitted to the centres shall have the right to submit complaints in a confidential manner to the Prosecutor's Office, to the competent judicial authority and to the Ombudsman or to the autonomous regional institutions. This right may not be restricted by the application of disciplinary measures.

2. The minor's communications with relatives and other people who are close to him will be free and secret.

They may only be restricted or suspended by the Director of the Center in the interest of the child, in a motivated manner, when their educational treatment advises and in accordance with the terms of the judicial authorization of admission. The restriction or suspension of the right to maintain communications or the secrecy of the same shall be adopted in accordance with the applicable law and notified to the persons concerned, to the minor and to the Prosecutor's Office, who may have recourse to it. before the court which authorised the entry, which it shall decide after obtaining a report from the centre and after hearing the persons concerned, the child and the Prosecutor's Office. '

Seven. The final twenty-third provision is amended, which is worded as follows:

" Twenty-third final disposition.

Articles 1; 5, paragraphs 3 and 4; 7, paragraph 1; 8, paragraph 2, paragraph c; 9a; 9b; 9c; 9c; 9c; 10, paragraphs 1, 2, paragraphs a, b, d and f, 3, 4 and 5; 11, 12, 13, 14, 15, 16, 17, 18, 19, 19a, 20, 20 bis, 21, 21a, 22, 22a, 22b, 22c, 22d, 23 and 24; the first, second and third provisions; the transitional provision; the derogation provision; and Final provisions first to twenty-second and twenty-fourth.

The precepts related to the preceding paragraph shall be applied as provided for in the 21st final disposition. "

Article 2. Amendment of Law 1/2000 of 7 January of Civil Procedure.

Law 1/2000 of 7 January of Civil Procedure is amended as follows:

One. A new Article 778a is inserted, which is worded as follows:

" Article 778a. Income of minors with problems of conduct in specific protection centers.

1. The Public Entity, which holds the guardianship or guardian of a minor, and the Prosecutor's Office will be entitled to request the judicial authorization for the child's income in the specific protection centers of minors with problems of conduct Those referred to in Article 25 of Organic Law 1/1996, of 15 January, of Legal Protection of the Child, of partial modification of the Civil Code and of Civil Procedure, must accompany the application the psychosocial assessment that the justify.

2. They shall be competent to authorize the entry of a minor in such centres to the Courts of First Instance of the place where the centre is located.

3. Judicial authorization shall be compulsory and must be prior to such entry, unless urgent reasons make it necessary for the immediate adoption of the measure. In this case, the Public Entity or the Prosecutor's Office shall inform the competent court, within 24 hours, of the effects of the mandatory ratification of such measure, which shall be effected within the period of time. maximum of seventy-two hours from the time of entry to the Court's knowledge, leaving without immediate effect the entry in the event that it is not authorized.

In the cases provided for in this paragraph, the jurisdiction for the ratification of the measure and to continue to be aware of the procedure will be from the Court of First Instance of the place in which it radiuses the center of the entrance.

4. The Court, in order to grant the authorization or to ratify the entry already made, must examine and hear the child, who must be informed about the entry in accessible formats and in terms that are understandable and adapted to his age and circumstances, to the Public Entity, to the parents or guardians who will hold the parental authority or guardianship, and to any person whose appearance is deemed appropriate or requested, and shall be issued by the Prosecutor's Office. The Court shall, at least, seek the opinion of a person appointed by him, without prejudice to any other evidence which he considers relevant to the case or to him. The authorisation or ratification of the entry shall only take place where it is not possible to provide adequate care for the child under less restrictive conditions.

5. In the face of the decision that the Court adopts in connection with the authorization or ratification of the entry, appeal may be brought by the minor concerned, the Public Entity, the Fiscal Ministry, or the parents or guardians who follow (a) having legitimacy to oppose decisions on the protection of minors. The appeal will have no suspensory effect.

6. In the same resolution as the entry is agreed, the obligation of the Public Entity and the Director of the Center to report periodically to the Court and the Prosecutor's Office on the circumstances of the child and the need to maintain the measure, without prejudice to any other reports that the Judge may require when creating it.

The periodic reports shall be issued every three months, unless the Judge, addressed to the nature of the conduct that prompted the entry, points to a lower deadline.

After the deadline and received the reports of the Public Entity and the Director of the Center, the Court, after the practice of the actions that it considers essential, and heard the minor and the Ministry of Public Prosecutor, will agree from the continuation or not from the income.

The periodic control of the revenue shall be the Court of First Instance of the place where the centre is located. In the event that the child is transferred to another specific protection centre for minors with problems of conduct, a new judicial authorisation will not be necessary, and the Court of First Instance will not be required to obtain a new authorisation. the new centre. The transfer decision shall be notified to the persons concerned, to the minor and to the Prosecutor's Office, who may use it before the body that is aware of the entry, which shall resolve after obtaining a report from the institution and after hearing the persons concerned, of the minor and of the Prosecutor's Office.

7. Minors will not remain in the center longer than is strictly necessary to address their specific needs.

The eesc will be agreed upon by the competent judicial body, either on its own initiative or on a proposal from the Public Entity or the Prosecutor's Office. This proposal will be based on a psychological, social and educational report.

8. The child will be informed of the resolutions to be adopted. "

Two. An Article 778b is inserted, which is worded as follows:

" Article 778 ter. Entry into homes and other places for the enforcement of child protection measures.

1. The Public Entity shall request the Court of First Instance with jurisdiction in the place where it radiuses its domicile, authorisation for entry into homes and other buildings and places whose access requires the consent of its holder or (a) occupant, where this is necessary for the enforcement of the measures taken by it for the protection of a child. In the case of the execution of an act confirmed by a court decision, the application shall be addressed to the body which issued it.

2. The application shall be initiated in writing in which the following shall be indicated at least:

a) The administrative resolution or case that has resulted in the request.

(b) The particular address or place to which it is intended to be accessed, and the identity of the holder or occupant of the same and whose access requires their consent.

(c) The justification that an attempt was made to obtain such consent without result or with a negative result. In the case where this is not appropriate, that circumstance shall be stated in a reasoned manner in the application, without the need for such a justification to be provided.

d) The need for such entry for the execution of the Public Entity resolution.

3. Filed by the Public Entity the request, the Judicial Secretary, on the same day, shall transfer the application to the holder or occupant of the domicile or building so that within the following 24 hours he will abide by what is at his right exclusively on the provenance of granting the authorisation.

However, when the requesting Public Entity so requests in a reasoned manner and accredit that there are grounds for urgency to agree the entry, either because the delay in the execution of the administrative decision may be (a) to cause a risk to the safety of the child, or because there is an immediate and real impact on his/her fundamental rights, the Judge may agree by order immediately and, in any case not later than 24 hours upon receipt of the request, prior to the report of the Fiscal Ministry. In order to be issued, it shall be reasoned separately on the concurrence of the requirements of the measure and the reasons for which it has been advised to agree without hearing the person concerned.

4. The Judge shall agree or refuse the entry by car within the maximum period of 24 hours following the report of the Prosecutor's Office, after assessing the concurrence. of the extremes referred to in paragraph 3 of this Article, the competence of the Public Entity to issue the act intended to execute and the legality, necessity and proportionality of the entry sought to achieve the end pursued with the protection measure.

5. In the order in which the entry is authorised, the material and temporary limits for the completion of the entry shall be stated, which shall be strictly necessary for the enforcement of the protection measure.

6. The testimony of the order in which the entry is authorized will be given to the requesting Public Entity to proceed with it. The order shall be notified without delay to the parties who have intervened in the proceedings and, if they have not intervened or if the notification is not possible prior to the completion of the due diligence, the judicial secretary shall proceed to his/her notification when practicing diligence.

7. Against the order in which the authorisation is agreed or refused, even if the person concerned has been issued without prior hearing, the appeal, without suspensory effect, shall be brought before the end of the following three days, counted from the notification of the car, to which a preferential treatment will be given.

Even denied the request, the Public Entity will be able to reproduce the request if the existing circumstances change at the time of the request.

8. The entry to the domicile shall be practiced by the Judicial Secretary within the limits established, and may be assisted by the public force, if necessary, and accompanied by the requesting Public Entity. Due diligence, the procedure file will be decayed. "

Three. The first additional provision is amended, which is worded as follows:

" Additional disposition first. Ordinary character and Title competence.

1. This law is ordinary with the exception of Articles 763, 778a and 778b which are organic and are dictated under Article 81 of the Constitution.

2. This Law is dictated by the jurisdiction that corresponds to the State under Article 149.1.6.a of the Constitution, without prejudice to the necessary specialties that in this order derive from the particularities of the substantive law of the Autonomous Communities. "

Additional disposition first. References in the previous date rules.

References that appear in rules of date prior to this law to Public Entity for the protection of competent minors territorially shall be construed as being made to Public Entity, an expression to be used in successive texts legal.

Additional provision second. Common criteria for coverage, quality and accessibility.

The Government will promote with the Autonomous Communities the establishment of common criteria and minimum standards of coverage, quality and accessibility in the application of this law throughout the territory, and, in any case, to child protection centers with behavioral problems.

Single transient arrangement. Rules applicable to court proceedings already initiated.

Judicial proceedings initiated prior to the entry into force of this law shall be governed by the rules in force at the time of their commencement.

Single repeal provision. Repeal of rules.

Any rules are deemed to be repealed or are incompatible with the provisions of this law.

Final disposition first. Amendment of the Organic Law 6/1985, of July 1, of the Judiciary.

Article 91 (2) of the Organic Law 6/1985 of July 1, of the Judicial Branch, is amended, which is worded as follows:

" 2. It is also for the Courts of the Administrative-Administrative Court to authorize, by order, the entry in the addresses and in the other buildings or places whose access requires the consent of the holder, when this is necessary for the execution forcible acts of the Administration, except in the case of the enforcement of measures for the protection of minors agreed by the competent Public Entity in this field. "

Final disposition second. Amendment of Article 59a (2) of the Organic Law 4/2000 of 11 January on the rights and freedoms of foreigners in Spain and their social integration.

Article 59a (2) of the Organic Law 4/2000 of 11 January 2000 on the rights and freedoms of foreigners in Spain and their social integration is amended, which is worded as follows:

" 2. The competent administrative bodies, when they consider that there are reasonable grounds for believing that a foreign person in an irregular situation has been a victim of trafficking in human beings, shall inform the person concerned of the provide the competent authority for its resolution with the appropriate proposal on the granting of a period of return and reflection, in accordance with the procedure laid down in the Rules of Procedure.

This period of reestablishment and reflection will last for at least 90 days and must be sufficient to enable the victim to decide whether he wishes to cooperate with the authorities in the investigation of the crime and, in his case, in criminal proceedings. During the identification phase of the victims, as well as during the period of restoration and reflection, an infringement case will not be initiated for infringement of Article 53.1.a) and the administrative file of penalties that will be suspended will be suspended. has initiated or, where appropriate, the execution of the expulsion or return of the goods. In addition, during the period of restoration and reflection, the temporary stay and the competent authorities shall be authorised to ensure the subsistence and, if necessary, the safety and protection of the victim and his minor children. age or disability, to be found in Spain at the time of identification, to whom the provisions of paragraph 4 of this Article shall be extended in relation to the assisted return or residence permit, and where appropriate working, if they are over 16 years of age, due to exceptional circumstances. After the period of reflection, the competent public administrations shall carry out an assessment of the personal situation of the victim in order to determine a possible extension of the said period.

With extraordinary character, the competent Public Administration will ensure the safety and protection of those other persons, who are in Spain, with whom the victim has family ties or any other nature, where it is established that the situation of protection in which the alleged traffickers are left is an insurmountable obstacle for the victim to agree to cooperate. '

Final disposition third. Amendment of Organic Law 1/2004, of December 28, of Comprehensive Protection Measures against Gender Violence.

Organic Law 1/2004, of December 28, of Comprehensive Protection Measures against Gender Violence, is amended as follows:

One. Article 1 (2) is amended as follows:

" 2. This law establishes comprehensive protection measures aimed at preventing, sanctioning and eradicating this violence and providing assistance to women, their children and minors subject to their protection, or custody and custody, victims of this violence. violence. "

Two. Article 61 (2) is amended and read as follows:

" 2. In all proceedings relating to gender-based violence, the competent court shall in any event, on its own initiative or at the request of the victims, give its opinion of the children, persons who live with them or are subject to their guardian or custody, of the Ministry of Public Health or of the Administration of which the services are dependent on the victims or their reception, on the relevance of the adoption of the precautionary and protective measures referred to in this chapter, especially on the items referred to in Articles 64, 65 and 66, determining their time limit and their compliance regime and, if procedures, accompanying measures that are accurate. "

Three. Article 65 is amended as follows:

" Article 65. Of the measures of suspension of the parental rights or the custody of minors.

The Judge may suspend the exercise of the parental authority, custody, guardianship, conservatorship, conservatorship, or guardian of fact, in respect of minors who are dependent on him, for the charge of gender-based violence.

If the suspension is not agreed, the Judge shall in any case rule on the manner in which the parental authority will be exercised and, where appropriate, the guardian, the reception, the guardianship, the conservatorship or the guardian of the less. It shall also take the necessary measures to ensure the safety, integrity and recovery of minors and women, and shall carry out regular monitoring of their development. "

Four. Article 66 is amended as follows:

" Article 66. From the measure of suspension of the regime of visits, stay, relationship or communication with minors.

The Judge may order the suspension of the regime of visits, stay, relationship or communication of the defendant for gender-based violence with respect to minors who are dependent on him.

If the suspension is not agreed, the Judge shall in any case rule on the manner in which the regime of stay, relationship or communication of the defendant for gender-based violence shall be exercised in respect of minors who are dependent on the itself. It shall also take the necessary measures to ensure the safety, integrity and recovery of minors and women, and shall carry out regular monitoring of their development. "

Final disposition fourth. Organic character and competitive titles.

1. This organic law is dictated by article 81 of the Spanish Constitution, having the character of organic all its articles and the final provisions first, second and third

2. This Organic Law is issued under the exclusive jurisdiction to dictate the civil legislation attributed to the State by Article 149.1.8. of the Spanish Constitution, except for the second article, the single transitional provision, the the first final provision and the third final provision, which are given in accordance with Article 149.1.6. of the Spanish Constitution which gives the State exclusive jurisdiction to issue procedural law.

3. The second final provision, which amends the Organic Law 4/2000 of 11 January on the rights and freedoms of foreigners in Spain and their social integration, is dictated by Article 149.1.2. of the Spanish Constitution which it attributes to the Exclusive competence in relation to foreign nationals.

Final disposition fifth. No increase in expenditure.

Measures included in this rule will not be able to increase public expenditure.

Final disposition sixth. Modifications and regulatory developments.

1. The Government shall carry out the amendments and regulatory developments that are necessary for the implementation of this Law.

2. The State and the Autonomous Communities shall, in the field of their respective powers, adopt the measures necessary for the effectiveness of this law.

Final disposition seventh. Entry into force.

This organic law shall enter into force on the twentieth day of its publication in the "Official Gazette of the State".

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this organic law.

Madrid, 22 July 2015.

FELIPE R.

The President of the Government,

MARIANO RAJOY BREY