E/CN.4/1995/91/Add.1
page 32
By a decision dated 7 September 1990, filed under No. 717/90-P, the
court approved and confirmed the custodial responsibility assumed by the
Directorate of Child Welfare and the placement of the minors in an
institution and, in addition, fixed a schedule of weekly visits for the
parents.
7.
In September 1990, all the minors were transferred to the
Mas Arquer reception centre in Arenys de Munt (Barcelona) so that they
could be better looked after and continue their education normally.
The parents of three of the children filed a complaint with the
first examining court of Arenys de Mar on 13 October 1990 for failure to
comply with the duty of protection and for coercion. After taking
cognizance of the reports and statements of the educators and technical
and administrative staff of the centre, the judge dismissed the
complaints, noting that there was no evidence and that the facts
complained of had not been established.
8.
On 10 July 1990, on the basis of provisions of article 172 et seq.
of the Civil Code and Decrees Nos. 332 and 380/1988 concerning the powers
and structure of the Directorate of Child Welfare, the Directorate of its
own motion assumed custodial responsibility for the minors in question
and entrusted legal custody to the director of the San José de la Montaña
centre and then to the director of the Mas Arquer reception centre.
9.
The parents of the minors protested against the measures taken by
the Directorate of Child Welfare and expressly lodged a complaint with
the nineteenth court of first instance (domestic court) of Barcelona,
which instituted the required legal proceedings (case No. 510/90-DC).
On 7 September 1990, the court upheld the institutional placement
decision taken by the Directorate of Child Welfare in the case of all the
minors taken into care, granting the parents visiting rights (one day a
week).
10.
By court order of 9 July 1991 and following the request for interim
measures made by the Directorate of Child Welfare, the nineteenth court
of first instance (domestic court) authorized the Directorate to fix a
holiday schedule for the children with their parents for the summer of
1991 and to arrange for weekly visits by social workers from the place of
residence of each family, with the requirement that they report to the
court in the second half of September.
On 6 November 1991, the nineteenth court delivered a court order
non-suiting the parents who had challenged the measures taken against
their children and confirming the decision of the Directorate of Child
Welfare to assume custodial responsibility for the children, while
authorizing the minors concerned to remain in the company and in the
custody of their parents, under the supervision of the Directorate of
Child Welfare and the Public Prosecutor’s Department.