The Participation of Children and Adolescents in the Protection System: The Case of the Spanish Legislation

Massons-Ribas, Anna; Balsells, M. Àngels; Cortada, Neus

doi:10.3390/socsci10070268

Cited by 6 publications

(10 citation statements)

References 32 publications

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“…Youth and foster care policies and services are exclusively carried out by each region, and each region has a public department that is responsible for issuing protection orders for children at‐risk (Kosher et al, 2018). National Law 26/2015 regulates each region's child protection policies, aiming at ensuring an adequate legal framework for protection that is consistent with the international treaties ratified by the signatory countries, in particular the UNCRC (Massons‐Ribas et al, 2021). This law prioritises: (1) stable over temporary placements, (2) foster over residential care and (3) placements agreed to by parents and services over enforced placements.…”

Section: Child Welfare In Spainmentioning

confidence: 99%

The concept of family: Perspectives of Spanish young people in foster care

2022

Child & Family Social Work

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This article employs concepts from family sociology to explore how 'family' is conceptualised in 14 life narratives of young people in foster care in Spain. The article draws on a multi-method approach with young people who are in long-term nonkinship foster care. Seven girls and seven boys aged 10 to 22 took part in the study.The empirical material reveals an interplay between biological preference and foster family affective practices in young people's narratives, illuminating a struggle to make sense of the concept of family in foster care. Most of the participants understand family as shared affective practices sustained through love, commitment, consistent care and reciprocity rather than blood ties. Some show a preference for biological connectivity, while others describe family as determined by rituals and family displays. The key practice implications highlight the importance helping young people positioning themselves in birth family relationships, and supporting their sense of family belonging.

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Section: Child Welfare In Spainmentioning

confidence: 99%

The concept of family: Perspectives of Spanish young people in foster care

2022

Child & Family Social Work

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“…Thus, it is observed that, unlike what happens in the case of CA (Massons‐Ribas et al (2021)), the details of work with the family do not have a general legal framework that imposes, or even contemplates, their participation. In addition, not only in decision‐making but also much less in its construction process and subsequent impact.…”

Section: Resultsmentioning

confidence: 98%

“…The type of foster care in extended families predominates, with 12 115 cases compared with 6777 in another family (Ministerio de Derechos Sociales y Agenda 2030, 2020). This predominance of foster care in extended families can be justified, along with the absence of foster families, because it strongly extols family ties (Massons-Ribas et al, 2021).…”

Section: Legislation As a Framework For Family Participation In The C...mentioning

confidence: 99%

“…They constitute the minimum expression of participation and give an idea, despite the importance of parents in foster care and reunification, of the limited scope of their voice in the process of improvement. Thus, it is observed that, unlike what happens in the case of CA(Massons-Ribas et al (2021)), the details of work with the family do not have a general legal framework that imposes, or even contemplates, their participation. In addition, not only in decision-making but also much less in its construction process and subsequent impact.…”

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confidence: 98%

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The participation of parents in the protection system: The case of the Spanish legislation

Massons-Ribas

Balsells

Cortada

2023

Child & Family Social Work

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Working with the families of origin of children and adolescents (CA) who are in the CA protection system is essential to achieve reunification, which is the ultimate objective when planning foster care; it is a scientific, social and professional challenge that must be included in the legislation of each country. For this, it is essential that the laws consider and regulate the participation of families in decision‐making during foster care and subsequent reunification processes. We analysed 22 laws enacted through Spanish legislation, both national and regional, that regulate the protection of children. The study focuses on analysing how the Spanish legislation contemplates the participation of parents during foster care and subsequent reunification. The Spanish legislative texts do not expressly, clearly and effectively include the participation of parents. They are limited to the punctual recognition of acts of notification and hearing and, where appropriate, of opposition to certain resolutions. Spain lacks a general legal framework that supports and guarantees the necessary participation of the family in the protection system. The focus on the recognition of the rights of CA in laws as a result of international pressure has relegated the legal protection of the rights of parents, mainly in their right to be heard.

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“…Although the different regulations implemented by all autonomous communities are consistent with the CRC, in the excercise of their powers, autonomous communities have developed autonomous legislation to protect and promote the rights of minors that significantly vary from one autonomous community to another, in relation to the process of detecting risk situations, declaring abandonment, determining and implementing protection measures, and processing protection cases. As pointed out by some recent studies, this lack of harmonisation among the autonomous communities legislative frameworks generates important difficulties for professionals when implementing protection measures (for more details see Massons-Ribas et al 2021).…”

Section: The Legal Status Of Unaccompanied Minors In Spainmentioning

confidence: 99%

“A life on standby”. The effects of irregular status and the pursuit of regularity on the quality of life of unaccompanied minors in Spain

SAJIR¹,

ANDRÉS²,

Gerbeau³

2022

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This article aims at discussing the intersections between unaccompanied migrant minors' (UAM) irregular status and its consequences for their quality of life by focusing on the Spanish context. The research is based on the data collected during a qualitative fieldwork conducted by the authors in a specific reception centre, Sant Joan de Déu-Terres de Lleida, in the province of Lleida (Catalonia) that consisted of 12 in-depth interviews with UAMs, two focus groups with autochthonous and migrant minors and nine in-depth interviews with key actors such as social educators and psychologists. The study shows how the legal status and the social condition of these minors directly affect their future expectations and their integration into the host society. The results indicate that, although they migrated in search for a better life, the process of institutionalisation of which they are part along with the quest for legal documentation lead them to live a life on “standby” where their hopes and dreams are indefinitely postponed, generating a breach with their autochthonous counterparts, which ultimately affects their quality of life in the short and long term. Keywords: unaccompanied minors; migrant children; irregularity; quality of life; Spain; Lleida; Sant Joan de Deu; UAM; reception centres. ····· Articolul își propune să discute intersecțiile între statusul nereglementat al minorilor migranți neacompaniați (MMN) și consecințele pentru calitatea vieții, centrându-se asupra contextului spaniol. Analiza se bazează pe date culese prin metode calitative, de către autori înșiși, într-un centru de recepție special, Sant Joan de Déu-Terres de Lleida, din provincia Lleida (Catalonia). Culegerea de date a constat în realizarea a 12 interviuri în profunzime cu MMN, două focus grupuri cu minori autohtoni și minori migranți și nouă interviuri în profunzime cu actori cheie, precum educatori sociali sau psihologi. Studiul arată cum statusul legal și condiția socială a acestor minori le afectează direct așteptările legate de viitor și integrarea în societatea de destinație. Rezultatele subliniază că, deși au migrat în căutatea unei vieți mai bune, procesele de instituționalizare în care devin parte, împreună cu încercarea de a obține documente, îi conduc pe acești minori spre o viață „în așteptare”, în care speranțele și visurile sunt amânate pe termen nedefinit, generând o ruptură de minorii autohtoni, o situație care, în cele din urmă, le afectează calitatea vieții pe termen scurt și lung. Cuvinte-cheie: minori neacompaniați; copii migranți; nereglementare/ status nereglementat; calitatea vieții; Spania; Lleida; Sant Joan de Déu-Terres; migranți minori neacompaniați; centre de recepție.

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The Participation of Children and Adolescents in the Protection System: The Case of the Spanish Legislation

Cited by 6 publications

References 32 publications

The concept of family: Perspectives of Spanish young people in foster care

The concept of family: Perspectives of Spanish young people in foster care

The participation of parents in the protection system: The case of the Spanish legislation

“A life on standby”. The effects of irregular status and the pursuit of regularity on the quality of life of unaccompanied minors in Spain

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