Occasionally, 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 method. In Spain, the responsibility for protecting minors falls on the Autonomous Communities and Cities, on the public entities responsible for child protection, which, in turn, have their own regulatory framework for these types of situations.
At the national 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 Act, by Organic Law 8/2015, of July 22, and Law 26/2015, of July 28, both amending 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 widely reviewed. Aspects affecting both Public Entities, in exercising their functions in adopting and monitoring protective measures for children and adolescents in residential care, and in developing guardianship in residential facilities enabled for this purpose, are developed. They also included amending the Civil Code to include Article 172 ter, establishing family care as preferable and, only "if it is not possible or advisable for the minor's best interest," could residential care be considered.
The Additional Provision 3ª of the mentioned Law 26/2015, stipulates that the Government will promote, with the Autonomous Communities, the establishment of common criteria and minimum standards of coverage, quality, and accessibility in applying this law throughout the territory, and, in all cases, regarding "Quality and accessibility standards, facilities and equipment for each type of service of residential care centers. Measures to be taken to ensure their organization and operation aim 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 approved at the meeting of the Social Services Delegated Commission on October 2, 2019, “Coverage, quality and accessibility criteria in residential care”, was developed through a collaborative and participatory working methodology between the state and the Autonomous Communities and Cities.
This regulatory framework was completed in 2021 with the approval of Organic Law 8/2021, of June 4, on comprehensive protection of 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, by 2026, no child under 6 years old in a guardianship or custody position by Public Child Protection Entities will live in residential care and that by 2031, no child under 10 years old will live in a residential center.
It should also 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 is living in a residential facility and that there are no centers with more than 30 places (except in first reception).
The State strategy for a new model of community care: A deinstitutionalization process (2024-2030), under the Ministry of Social Rights, Consumption and Agenda 2030, also requires promoting alternatives to residential care and that this occurs in more guaranteed conditions for the rights of individuals living in these types of models. This initiative highlights the need for closer and more personalized care, favoring contact and participation of the person in care within the community they are located.
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, focusing on small-sized centers integrated within the community, as marked by national and international guidelines. For a comparative view, refer to the first study of 2022.
Currently, the aforementioned standards are being reviewed at this time through the Project of Royal Decree for Determination of Standards in the System of Residential Care for Children and Adolescents, which was subjected to public consultation between November 13 and 27, 2024.
Automatically translated with OpenAI from Spanish