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

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...

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Bibliographic Details
Published in:Child & family social work 2023-11, Vol.28 (4), p.1012-1021
Main Authors: Massons‐Ribas, Anna, Balsells, M. Àngels, Cortada, Neus
Format: Article
Language:English
Subjects:
Acknowledgment
Adolescents
Children
Decision making
Families & family life
Family reunification
Foster care
Legislation
Notification
Parent participation
Parent Rights
Parental rights
Parents & parenting
Protection
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Summary: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.
ISSN:1356-7500
1365-2206
DOI:10.1111/cfs.13021