Child protection in Spain

After reading, you will understand how the system works, what your rights and duties as a parent are, and where children can get help themselves.

Start with "How Spain's child protection system works". Child protection is run by the regions, not by one national office, and that page shows who does what and when the authorities step in. From there, move on to the page that fits your situation: what counts as neglect or risk for foreign parents, how to report a child at risk, what happens when social services open a case, temporary care when you cannot cope, or where children and teenagers can call for help.

Key rules

• Temporary care length: Temporary care (guarda voluntaria) normally lasts up to two years, and only longer when the child's best interest requires it because a return home is expected soon.
• Challenge deadline: You can challenge a declaration of risk or desamparo before the civil court within two years of being notified.
• Children's helpline: The 116 111 helpline is free, confidential and open 24 hours a day, every day, for children and for adults worried about a child.
• Duty to report: Anyone who knows of a child at risk must tell the authorities, and professionals who work with children have a stricter duty to report.
• Regional system: The agency of the region where the child lives handles the case, so a move changes who is responsible.
• Harm threshold: Intervention depends on harm to the child's development or rights, not on your income or nationality.

Child protection in Spain: the whole process, step by step

• A concern is raised with social services or the prosecutor's office (Fiscalía); anyone can report. Read: Reporting a child at risk in Spain: At any time, as soon as there is a concern

• Social services assess the family: interviews, home visits, school and health reports. Read: When social services open a case on your family: After a report, with stages that vary by region

• The assessment ends in no action, a support plan, a declaration of risk or protective measures. Read: How Spain's child protection system works: When the social work team finishes its report

• In an urgent case, the regional body takes the child into care at once without a prior hearing. Parents are then notified and the Fiscalía is told.: Immediately, with notification to parents generally within 48 hours

• Parents ask for temporary care (guarda voluntaria) if they cannot cope for a time. Read: Temporary care (guarda voluntaria) when you can't cope: When you need it; it normally lasts up to two years

• Parents challenge a declaration of risk or desamparo before the civil court. Read: When social services open a case on your family: Within two years of being notified

• The regional body reviews the case and works towards the child returning home where that is in the child's interest.: In practice at least every six months, more often for under-3s

• Temporary care ends with the child's return, or the authority declares desamparo if neglect is shown.: At the end of the two years, unless the child's best interest requires longer because a return home is expected soon

Child protection in Spain: questions that cross several articles

Can social services take a child only because the parents are poor or foreign?

No, being poor or foreign is not enough to declare a child at risk or in desamparo. Nationality and migration status are not grounds either, and authorities must support the family instead. Read "Child protection as a foreign parent: norms, language and your consulate".

What is the difference between risk and desamparo?

Risk means a child is being harmed but can stay with the family, with support measures; desamparo means parental duties are not being met and the agency takes over legal guardianship. Parents keep authority in risk cases only. Read "How Spain's child protection system works" and "When social services open a case on your family".

Is there a legal minimum age for leaving a child home alone in Spain?

No, Spain has no legal minimum age for leaving a child home alone. See Child protection as a foreign parent: norms, language and your consulate.

Which office runs child protection where I live?

The regional government where the child lives runs it, usually through its social services or family department. Your local social services centre receives reports and can point you to the right office.

Who can call the 116 111 helpline?

Children, teenagers and adults worried about a child can call 116 111, which is free, confidential and open 24 hours a day. For emergencies call 112. Read "Where children and teenagers can get help themselves" and "Reporting a child at risk in Spain".