Mínimum criteria in deprivation of liberty
and by the minor, who should in any case have his right to be heard respected always
before a decision affecting him is adopted, should also be placed on record.
Accordingly, the administrative decision concluding the proceeding and ordering
the admission of a minor to a centre for minors with conduct disorders, should be
duly founded, explaining the reasons for which it has been deemed advisable to admit
him in a certain centre in his best interest. Such decision should be notified
personally, both to the parents, where no court decision prohibits this, and to the
minor himself, in a manner adequate given his age and circumstances, always
meeting the requirements established by Act 30/1992, of November 26, on the legal
system of public authorities and common administrative procedure.
It is necessary to obtain court authorisation for admission into any centres that
apply measures that imply any limitation of the rights of minors, and it is a matter
of satisfaction that said provision be included in the project for an organic act for
amendment of the system of protection of infancy and adolescence.
291. The right to free legal assistance is of particular importance and it is considered
that it should be recognised, in any case, to minors and to their parents or other
legal representative, in the context of the proceedings addressed to adopting
measures for admission to a centre for minors with conduct disorders.
In those cases in which the minors, particularly adolescents, are not in agreement with
the protection measure finally ordered, procedures should be put in place for them
to file a claim or appeal against the measure with qualified legal assistance.
292. Particular attention should be given to the implementation of protocols defining
the scope of attention to minors with conduct disorders and to define the quality
and assessment criteria in such action.
It would be advisable, after the action program is completed, for the families and
minors to be followed up, to evaluate the results and, if appropriate, adopt any
advisable measures.
293. The training of persons in close contact with minors with conduct disorders is
important. All centres should be required to have educators who have, at least, a
medium-level degree in fields of social action and action with minors. In addition,
the specialised and ongoing training of these professionals should be promoted
and the exchange of good practice experiences should be encouraged.
Such professionals should have available support and reinforcement actions and
programs to assist them in facing the emotional tension arising from their work.
294. Particular relevance is granted during the visits made to these centres to the fact
that that they have a duly approved internal regulation, in compliance with applicable
legislation.
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