Sometimes, due to various situations of lack of protection, there are children or adolescents who cannot live with their families, based on their best interest. In these cases, the State is obliged to provide them with the necessary protection and offer them an alternative care modality. In Spain, the responsibility for the protection of minors falls on the Autonomous Communities and Cities, in public entities with competencies in child protection, which, in turn, have their own regulatory framework for these types of situations.
At the state level, in the reform carried out in Organic Law 1/1996, of January 15, on the Legal Protection of Minors, partially amending the Civil Code and the Civil Procedure Law, by Organic Law 8/2015, of July 22, and Law 26/2015, of July 28, both modifying the system of protection for children and adolescents, which introduces as a guiding principle the protection of minors against all forms of violence, residential care has been extensively reviewed. Aspects affecting both Public Entities, in the exercise of their functions in adopting and monitoring protection measures for children and adolescents in residential care, and in the development of guardianship in residential facilities enabled for such purpose are developed. Likewise, they led to the modification of the Civil Code to include Article 172 ter, which establishes family care as preferable, and only, “if this is not possible or convenient for the interest of the minor," would residential care be considered.
Additional Provision 3 of the aforementioned Law 26/2015 establishes that 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, in relation to “Quality and accessibility standards, facilities, and provision of each type of service of residential care centers. Measures to be adopted so that its organization and operation tend to follow family organization patterns. Incorporation of models of excellence in management.”
To develop a proposal for common criteria on quality and accessibility standards in residential care, the document was developed through a collaborative and participatory work methodology between the state and the Autonomous Communities and Cities, which was approved at the meeting of the Delegated Commission of Social Services on October 2, 2019, "Coverage, quality and accessibility criteria in residential care".
This regulatory framework was completed in 2021 with the approval of Organic Law 8/2021, of June 4, on comprehensive protection for children and adolescents against violence.
Subsequently, the Action Plan against the sexual exploitation of children and adolescents in the child protection system, approved on May 5, 2022, included, among other issues, the shared commitment by all institutions that, before 2026, no child under 6 years old under guardianship or custody by Public Entities for Child Protection will live in a residential resource and that, before 2031, no child under 10 years old will live in a residential center.
Likewise, it should be noted that the State Action Plan for the Implementation of the European Child Guarantee (2022-2030), approved by the Council of Ministers on July 5, 2022, establishes the goal of “Deinstitutionalization with the aim that by 2030 no child under 10 years old in the protection system will live in a residential resource and that there will be no centers with more than 30 places (except for initial reception).
The State strategy for a new community care model-A deinstitutionalization process (2024-2030), under the Ministry of Social Rights, Consumer Affairs, and Agenda 2030, also requires promoting alternatives to residential care and that this takes place under more protective conditions for the rights of individuals living in these types of models. This initiative highlights the need for closer and personalized attention, prioritizing contact and participation of the person in care within the community they find themselves in.
The Second Study of Residential Care Centers in the field of Child Protection in Spain, conducted by the entity Nuevo Futuro in 2025, aims to update knowledge of the situation of residential care centers for children and adolescents in the protection field and its regulations throughout our country. It also evaluates the degree of compliance with the new policies and strategies implemented, delving into a more homogeneous and protective model of residential care, in consensus and commitment with all the Autonomous Communities and focusing on small and community-integrated centers, as guided by national and international directives. For a comparative view, you can refer to the first study of 2022.
Currently, the aforementioned standards are being reviewed at this time through the Draft Royal Decree on the Determination of Standards in the Residential Care System for Children and Adolescents, which was submitted for public consultation between November 13 and 27, 2024.
Automatically translated with OpenAI from Spanish