Child Protection and Custody: Article 172 of Spanish Law 54/2007

Legal Provisions for Child Protection and Custody (Law 54/2007)

Article 172, Paragraph 3: Implementation of Custody

The custody assumed at the request of parents or guardians, or the guardianship role of the Ministry of Law, shall be implemented through foster care or residential care.

• The foster care shall be held by the person or persons identified by the Public Entity.
• The residential care shall be exercised by the Director of the institution that has taken the child.

Parents or guardians may object within two months of the administrative decision regarding the placement, if they consider that the agreed modality is not best for the child, or if there are other designated persons within the family circle who are better suited.

Article 172, Paragraph 6: Appeals Process

The resolutions declaring the state of neglect (helplessness) and the assumption of custody by operation of law may be appealed before the civil court under the terms and conditions determined in the Code of Civil Procedure, without prior complaint.

Article 172, Paragraphs 7 and 8: Parental Rights and Revocation

Article 172, Paragraph 7: Rights Following Declaration of Neglect

During the period of two years from the notification of the administrative decision declaring neglect, parents whose custody rights were suspended (as provided under paragraph 1 of this article) are entitled to:

1. Request the revocation of that suspension and the termination of the declaration of abandonment of the child, provided that the circumstances that led to the declaration have changed, demonstrating they are able to resume custody.
2. Oppose the decisions taken regarding the protection of minors.

After this deadline, their right to apply for revocation or opposition to the decisions or actions taken for the protection of children will decline. However, they may still provide information to the public agency and the prosecution regarding any change of circumstances that led to the declaration of abandonment.

Article 172, Paragraph 8: Revocation of Abandonment Declaration

The public entity, of its own motion or at the request of the prosecution or the interested person or entity, may at any time revoke the declaration of abandonment and decide to return the child, provided that:

• The child is not stably integrated into another family, or
• The entity understands that this best satisfies the interests of the minor.

This decision shall be notified to the Department.