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Form 100. Personal Income Tax Declaration 2018 Guardianship and foster care of minors


Guardianship, regulated in articles 199 and following of the Civil Code (without prejudice to the regional and special legislation that exists for minors or incapacitated persons), must be established by judicial resolution that must be registered in the Civil Registry.

Fostering of minors 

In accordance with the provisions of articles 173.bis of the Civil Code, family foster care may adopt the following modalities depending on its duration and objectives:

a) Emergency family care, mainly for children under six years of age, which will last no more than six months, while the corresponding family protection measure is decided.

b) Temporary foster care, which will be temporary, either because the minor's situation envisages his or her reintegration into his or her own family, or as long as a protection measure is adopted that is more stable in nature, such as permanent foster care. or adoption. This foster care will have a maximum duration of two years, unless the best interests of the minor advise the extension of the measure for the foreseeable and immediate family reintegration, or the adoption of another definitive protection measure.

c) Permanent family foster care, which will be established either at the end of the two-year period of temporary foster care because family reintegration is not possible, or directly in cases of minors with special needs or when the circumstances of the minor and their family so advise. . The Public Entity may request the Judge to attribute to the permanent foster parents those powers of guardianship that facilitate the performance of their responsibilities, taking into account, in any case, the best interest of the minor.