Current issues in family care

Abstract

We are facing a type of procedure where the powers of the Judge are extended ex lege to guarantee the interests that must be protected, among which the best interest of the minor occupies a prevailing position. A minor who is protected even before his birth, being able to detect his situation and declare his helplessness for better protection in alleged lack of training of the parents and the need to modify their behavior patterns. Helplessness that is declared when a breach occurs or there is an impossible or inadequate exercise of the protection duties established by the laws for the custody of minors, when they are deprived of the necessary moral or material assistance. In order to agree on the return of the helpless minor to his or her family of origin, it will be essential that a positive evolution of the family of origin has been verified, objectively sufficient to reestablish family coexistence, with maintenance of ties, with the purpose of carrying out parental responsibilities adequately, and , especially that it is verified that the return with it does not entail significant risks for the minor through the corresponding technical report. In the current system of protection of minors, the essential principles of the action of the public powers are the preference of preventive actions, the maintenance of the minor in his or her family of origin, and the preference of family foster care over residential care.