Parenting responsibility and family placement (Part Two)

2. Family placement.

Family placement, also known as a care entity, is a jurisdictional guardianship that has the purpose of granting the institution the responsibility of raising the child or adolescent, temporarily and while a permanence situation is established. , to a person other than the father and mother. Likewise, family placement may establish the representation of the minors indicated above for certain acts, e.g., before educational, identification, immigration authorities and administrative authorities in general.

In this regard, article 397 of the LOPNNA provides for cases of advisability of family placement, namely:

“The placement of a child or adolescent in a family or care entity is appropriate when:

After the period provided for in Article 127 of this Law, the matter has not been resolved by administrative means.
It is impossible to open or continue the Guardianship.
His father and mother have been deprived of their parental rights or their parental rights have been extinguished.”

Now, regarding the people who can be granted family placement, article 399 of the LOPNNA establishes that it can be granted to a single person or to a couple of spouses or to couples made up of a man and a woman who have a stable de facto union in accordance with the terms of the Law and the binding jurisprudence of the Constitutional Chamber of the Supreme Court of Justice, and who are capable of satisfying the conditions or attributes of children and adolescents.

However, article 400 eiusdem provides in the event that the father or mother has handed over the child or adolescent to a third party who has the capabilities to carry out the family placement, that is, capable of satisfying his or her best interests and guaranteeing the human rights that are their own, the protection judge will consider that third party as the first option to be granted family placement, which will be subject to monitoring, inspection and revocation in accordance with the provisions of articles 401-B, 404 and 405. of the LOPNNA.

In this order of ideas, in the course of the procedure established in the Organic Law for the Protection of Boys, Girls and Adolescents, for the granting of family placement, provisional protection measures may be requested and decreed, which will be in force until a final and firm sentence is issued, so that the respective applicant can, in the interests of the best interest and the protection of human rights, exercise the responsibility of raising and representing the minor; the above, in accordance with the provisions of articles 125 and 126 of the LOPNNA.

ART. 125. “Protection measures are those imposed by the competent authority when the threat or violation of their rights or guarantees occurs to the detriment of one or more children or adolescents individually, with the aim of preserving or restoring them. The threat or violation referred to in this article may come from the action or omission of the State, society, individuals, the father, the mother, representatives, responsible parties or from the conduct of the child or adolescent.

ART. 126. “Once the threat or violation referred to in the previous article has been verified, the competent authority may apply the following protective measures:

1. Inclusion of the boy, girl or adolescent and their family, jointly or separately, as the case may be, in one or more of the programs referred to in Article 124 of this Law.
2. Order for mandatory enrollment or permanence, as the case may be, in schools, campuses or educational institutes.
3. Care in the child’s or adolescent’s own home, guiding and supporting parents, representatives or guardians in the fulfillment of their obligations, together with temporary monitoring of the family and the child or adolescent, through A program.
4. Statement from the father, mother, representatives or guardians, as the case may be, acknowledging responsibility in relation to the child or adolescent.
5. Order for medical, psychological or psychiatric treatment, outpatient or inpatient in a health center, to the child or adolescent who requires it or to his or her father, mother, representatives or guardians, individually or jointly, depending on the case.
6. Intimation to the father, mother, representatives, responsible persons or identification officials in order for them to process and regularize, with a stipulation of a deadline for this, the lack of presentation and registration before the Civil Status Registry or the absences or deficiencies to present the identity documents of children and adolescents, as the case may be.
7. Separation of the person who mistreats a child or adolescent from his or her environment.
8. Coat.
9. Family placement or care entity.
10. Adoption. Other protective measures may be applied if the particular nature of the situation makes it suitable for the preservation or restitution of the right, within the limits of competence of the Council for the Protection of Children and Adolescents that imposes them.

Regarding the applicable procedure for jurisdictional protection of family placement, the procedural order of voluntary jurisdiction established in articles 511 and following of the Organic Law for the Protection of Boys, Girls and Adolescents will be applied.