Finally, the Institute`s other tasks will be to promote and implement education and training strategies, plans and programmes aimed at educating, improving and specializing human resources in the care, protection and treatment of children and young people, as well as preventing situations affecting children, young people and their families. These powers are exercised by the Board of Directors and, for better implementation and exercise, ISNA may establish delegations throughout El Salvador. The regulatory changes resolve administrative conflicts that existed in the old law, which was approved in 2017 and has hampered the adoption process, as only 11 adoptions have been completed so far. Under no circumstances can the benefits be derived from family and institutional care. The deadline for OPA board meetings will be extended from 60 days to once a month to expedite adoptions and ensure children have a home. Implementation of measures The protective measures provided for in Salvadoran regulations may be applied in isolation, jointly, simultaneously or sequentially. In implementation, preference should be given to those who protect and develop family and community ties. In addition, the legal system stipulates that the absence or absence of economic resources does not in any way justify the application of any of the protective measures. In this scenario, the mother, father, representative or guardian is deported under one or more legislated programs. In El Salvador, the Adoption Office (OPA) is the specialized public body responsible for processing and administratively settling applications for approval of the adoption of children and adolescents, taking into account their best interests and fundamental rights.

This procedure gives priority to the right to remain in the family of origin and domestic adoption over intercountry adoption and ensures information and advice on adoption and its effects, as well as preparation and follow-up after adoption. If the surrogate family requests the adoption of the child or adolescent supported in it, provided that the conditions for adoption are met, the time spent with the surrogate family is taken into account in establishing the period provided for in article 176 of the Family Code. If the capacity of children and adolescents to adopt is ordered, persons who have been responsible for a child or adolescent placed in foster care have priority over the possibility of adoption, provided that they meet the legal requirements and respect their best interests. This administrative problem has made adoption processes impossible since 2017. The proof is that only 11 adoptions have been carried out to date. “It`s about taking care of every person in every aspect and at every moment of their lives, from pregnancy to childbirth to early childhood work, which will lead to better people, that`s our mission as deputies of the Republic,” said legislator Callejas. The Office of the Attorney-General of the Republic and the Salvadoran Institute for Children and Youth (ISNA) work jointly in the area of adoptions, which operate within the framework of the legislation in force in this area (chapter III, on filiation of adoption, section one). Thereafter, the adoption can take place jointly or individually, depending on whether the adopter is a single person or an applicant with his partner. Similarly, adoption is governed by a special procedure depending on whether a minor, the son or daughter of the spouse or an adult is adopted. It also stipulates that adoptive parents, both father and mother, must be granted 16 consecutive weeks of paid adoption leave to facilitate the family integration process in which the child or adolescent will enter.

So far, only one of the two users has been able to take advantage of this benefit. Modalities and programmes for temporary care: emergency care This measure is provided for in article 123 of the Act on the Comprehensive Protection of Children and Young Persons and is an exceptional and temporary measure adopted in situations of extreme urgency or necessity for the benefit of a child or adolescent. Emergency care consists of separating them from their family environment and continuing to be entrusted to their extended family or to the Salvadoran Institute for the Integral Development of Children and Adolescents with a view to the transition to the appropriate administrative or judicial protection measure. The deputies explained that the reforms approved by the LAS aim to harmonize the legislation with the national early childhood policy of “growing together”, which has already been implemented in our country. In accordance with the procedure established by law, the Protection Committee shall, within the following forty-eight years, constantly monitor the implementation of the measure and, thereafter, continuously monitor the conditions in which the child or adolescent finds himself. If it has not been possible to resolve the case administratively within a maximum period of fifteen consecutive days, the protection committee shall refer the case to the judicial body. The special conditions for the adoption of children and adolescents by foreign adoptive parents are set out in article 184 of the Family Code, and the special studies associated with this procedure are indicated in article 185. Lastly, article 168 of the Family Code stipulates that any adoption must be approved by the Office of the Attorney-General of the Republic and the Salvadoran Institute for the Protection of Minors and subsequently issued by the competent judicial authority. The proposed reforms also set the minimum age for adoption at 25 to ensure that adoptive parents have the maturity they need to give a child a home in all areas of life. Children and adolescents without a family environment 31. While welcoming the decrease in the number of children placed in institutions, the Committee remains concerned at reports of ill-treatment in these centres and at the insufficient information on the measures taken to address reported cases.

Modalities and programmes for temporary care: foster families Foster families are provided for in article 124 of the Act on the Comprehensive Protection of Children and Young Persons as a temporary measure that allows a family that does not necessarily have family ties with the minor to be temporarily or permanently deprived of its family environment. This measure may be granted to an individual or a couple of spouses after assessing their psychological and social state and positively assessing the foster family`s ability to protect the child or adolescent and ensure its holistic development. This measure shall be reviewed by the judicial authority within a maximum period of three months; During this period, every effort must be made to maintain, improve, strengthen or restore family links, to ensure the reintegration of the child or adolescent into his or her family of origin or to take the measures most appropriate to his or her situation. The obligations of care institutions are set out in article 130 of the institution and include the personal care of the child or adolescent in care, if the court decision so decides, the strengthening of family ties and the elimination of the causes that motivated the measure, as well as cooperation in clarifying the legal situation of the girl. Children or adolescents deprived of their family environment.