When social services open a case on your family

Terms used

• Servicios sociales — The servicios sociales are the town hall's social services office, which usually carries out the first assessment of a family.
• Fiscalía — The Fiscalía is the public prosecutor's office, which oversees child protection and must be told of emergency measures.
• Riesgo — A declaration of riesgo means your child is at risk but stays at home while your family follows an intervention plan.
• Desamparo — Desamparo means a serious lack of care, which lets the regional authority take over legal guardianship of your child.
• Tutela — The tutela is the legal guardianship the regional authority takes over after a declaration of desamparo.
• Audiencia — The audiencia is your right to be heard and present your view before a decision is made.
• Procurador — The procurador is the court representative who files papers for you in court, alongside your lawyer.

Key rules

• Assessment: A case begins with an assessment, and it can end with no action at all.
• Your rights: You have the right to information, to be heard, to see the file and to use a lawyer.
• Challenge deadline: You can challenge a declaration of risk or desamparo before the civil court within two years of being notified.
• Legal aid: If your means are low, the state pays for your lawyer, including if you are a foreigner living legally in Spain.
• Emergencies: In an emergency your child can be taken into care before you are heard, but you must be formally notified.

What it means when a case is opened

A case starts with an assessment. It is not a decision to remove your child. Social services open a file when they learn of a possible risk. The information can come from a school, a health service, the police, neighbours, relatives, the Fiscalía or a court. It can also come from you, if you ask for help.

The town hall's servicios sociales usually do the first assessment. They collect information and then decide whether to close the file, offer support, or pass it to the regional child protection body. They pass it on when they see a serious risk. Procedures differ by region, so ask your local office how it works where you live.

Respond to the first contact. Answer calmly, turn up to appointments and ask for things in writing. The checklist below shows what to gather. If someone visits your home unannounced, see the "What if" section below.

What the assessment involves

Expect interviews with you and with your child, and one or more home visits. The team will also ask the school and health services for reports. Social workers, psychologists and educators then write a report on your child's situation and the level of risk. It ends with a proposal: no action, a support plan, a declaration of riesgo or protective measures. The timeline below shows the usual steps.

Your rights as a parent

• Information. You have the right to be told about the procedure in a way you can understand. Say so if you need an interpreter or a simpler explanation.
• To be heard. You have the right to be heard (audiencia), to offer evidence, and to agree to or challenge measures.
• The file. You can see the file.
• A lawyer. You can use one at any stage.
• Free legal aid. If your means are low, the state pays for a lawyer and a procurador (the court representative). Foreigners who live legally in Spain qualify on the same terms. Those without legal residence qualify in some cases, such as proceedings where they could be expelled or international protection cases. Apply through the Colegio de Abogados's legal guidance service or your region's free legal aid commission. Bring the application form, ID, and income and household documents. A lawyer is assigned quickly, then the commission decides. Income limits change, so confirm the current figure with the Colegio de Abogados.

Possible outcomes

From lightest to heaviest:

1. Closure. No action is needed, or you agree a voluntary support plan.
2. Declaration of riesgo. Your child stays at home, but your family must follow an intervention plan.
3. Declaration of desamparo. This means a serious lack of care. The regional authority takes over legal guardianship (tutela) and places your child in foster care or a children's home. Longer-term options include adoption.
4. Temporary care at your request. You can ask the authority to take over your child's care for a set period.

In an emergency, the authority can take over care at once without hearing you first. It must formally notify you, generally within 48 hours, and tell the Fiscalía. You can then be heard and oppose the decision in court.

Challenging a decision

You do not need to file an administrative appeal first. You oppose a declaration of riesgo or desamparo, or another protective measure, before the civil court. You can challenge it within two years of being notified. A lawyer is not mandatory for the first filing, but get one quickly. The time runs from the day you are notified, so keep the notice.

After two years you can only challenge the declaration by showing that circumstances have changed. At any time, you can ask the authority to cancel or change a measure.

Review and getting your child back

Protective measures have no fixed end date. They last while the neglect continues. The regional body must review each case regularly, in practice at least every six months, and more often for children under 3. It draws up an individual plan, aiming for your return to your child where that is in the child's interest. To get there, address the problems that led to the declaration and follow the plan. The body can end the measure by resolution. Review frequency and procedure are set by each region, so ask the regional child protection body.

Never sign a document you do not understand. Ask for an explanation or take it to your lawyer first.

Choosing between options

What outcome can follow the assessment of your family?

• Close the case or agree a support plan: Fits when the assessment finds no serious risk and you accept voluntary help.

• Declaration of riesgo (risk): Fits when your child needs more than support but can stay at home while you follow an intervention plan.

• Declaration of desamparo (serious lack of care): Fits when your child is seriously unprotected: the regional authority takes over care and places your child in foster care or a children's home.

• Temporary care at your own request: Fits when you ask for your child to be cared for for a limited period because you cannot cope.

The level of risk found in the assessment decides the outcome. Serious neglect leads to desamparo, which can happen immediately in an emergency; lesser risk leads to support or a riesgo plan.

Timeline and deadlines

• Interviews, home visits and school and health reports for the assessment: at the start of the case

• Social workers, psychologists and educators write their report and proposal: after the assessment visits

• In an emergency, the authority takes over care without a prior hearing: immediately, in urgent cases of desamparo

Preparing for a social services assessment

• Gather IDs for you and your children: DNI, NIE or passport.

• Find the family book or the children's birth certificates.

• Get a certificate of registration at the town hall (empadronamiento).

• Collect school enrolment and attendance records.

• Bring the health card and vaccination record for each child.

• Put together proof of income, such as payslips, benefit letters or a tax return, plus your employment contract or work-life report.

• Gather proof of housing, such as a rental contract, mortgage or ownership deed, and recent utility bills.

• Add any custody rulings and any medical reports or disability certificates that apply.

• Ask the social worker in advance for an interpreter if you do not speak Spanish or the regional language.

• Apply for free legal aid (justicia gratuita) at the Colegio de Abogados's legal guidance service, with an application form, your ID, and income and household documents.

What to watch out for

• Ignoring a first contact: A case can start from a report by a school, doctor, neighbour or even a court. Ignoring the first contact can push the case toward stronger measures. Answer calls and letters, attend the interviews and home visits, and ask for the support offered.

• Missing the time to oppose a decision: The time to challenge a declaration runs from the day you are notified. After it ends, you can only challenge by showing changed circumstances. See a lawyer as soon as you receive a notification and keep the letter with its date.

• Not engaging with the intervention plan: If your child stays home under a declaration of riesgo, you must follow the plan. Not following it can lead to desamparo and your child's removal. Follow the plan, and tell the social worker early about any problem you have meeting it.

• Signing without understanding: You have the right to information you can understand, to see the file and to be heard. Agreeing to a measure you do not understand can be hard to undo. Ask for explanations in a language you understand and take a lawyer with you.

What if social services or police visit about your child?

Stay calm, ask who they are and why they have come, and cooperate. You do not have to let anyone in unless they have your consent, a court order or a genuine emergency.

During the visit

• Ask for identification. Social workers and police should show ID. Ask for their names and which office they come from.
• Ask why they are there. Ask what the concern is and what they want from you.
• Stay polite and calm. Refusing to cooperate can count against you when they assess the situation.
• Ask for an interpreter if you need one. If you do not speak Spanish or the regional language, ask for interpretation or an intercultural mediator. Services often provide one, but availability depends on the region and the language.
• Write things down. Note the names, the date and what was said or asked.

When they can come in

Your home is protected by the Constitution. Social workers and police can enter only in one of three cases:

1. You consent.
2. They have a court order.
3. There is a genuine emergency, such as immediate danger to a person's life, or a crime in progress.

Social workers have no power to force entry. You may refuse, but the authority can then ask a court for permission, and the refusal may be weighed in their assessment. Obstructing police who are acting lawfully can have legal consequences, so do not physically block them.

If the situation is not urgent, you can ask to arrange the visit for another time and to have a lawyer present. Free legal aid is available if you meet the income requirements.

What happens next

• The social worker writes a report. You will usually be interviewed, and the school and health services may be contacted.
• No risk found. The case is closed or only monitored.
• Concerns found. The case goes to the municipal or regional services for a risk assessment. This may lead to a support plan agreed with your family.
• Serious cases. These go to the regional child protection body, and the prosecutor's office or a court may be informed.
• Urgent cases. Protective action can be immediate.

Other cases can take from weeks to months, and practice varies by town and region.

Your rights afterwards

You have the right to be informed in a way you can understand, to be heard, to see the file, to offer evidence and to use a lawyer. You can challenge a declaration of risk or desamparo before the civil court within two years of being notified. Ask a lawyer about the exact forms and deadlines for the type of decision you receive.

Frequently asked questions

Can I get a free lawyer if social services open a case?

Yes, if your income is below the legal limit, the state pays for a lawyer and a procurador (court representative) in proceedings against child protection measures. Foreigners living legally in Spain qualify on the same terms. Apply at your local bar association's legal guidance service, with an application form, ID and income and household documents.

Can social services take my child without hearing me first?

Yes, in an urgent case of serious neglect (desamparo) the regional child protection body can take over your child's care at once, before hearing you.

How long can protective measures last before my child can return?

There is no fixed maximum, because measures last while the neglect continues. The regional body reviews each case regularly, in practice at least every six months, and more often for children under 3. Return home depends on you fixing the problems that led to the declaration.

Do I have to file an administrative appeal before going to court?

No, you can go straight to the civil court to oppose a desamparo declaration. A lawyer is not mandatory for the first filing, though one is advisable.