After the arrest of minors aged 13 and 15 in relation to the death of their mother in Castro Urdiales (Cantabria), questions arise regarding the role of social services in criminal cases involving minors and what happens to them .
In this case, the youngest son is not responsible and has been admitted to a child protection center, while the eldest has been confined in a closed regime for six months as a precautionary measure by order of the Investigating Court number 5 of Santander. However, both brothers are in charge of the Cantabrian Institute of Social Services (ICASS).
The Icass is the public entity on which the protection and reform of minors in Cantabria depends, as well as the one in charge of executing the sentences and orders that affect them, since it is the owner of the centers for compliance with judicial measures.
"When we talk about minors, they are not penalties, we are talking about measures," underlines the deputy director general of Childhood, Adolescence and Family of Icass, María del Carmen Arce de la Torre, in an interview with EFE.
Arce explains that Icass does not act in the same way with all minors. In the event that they have criminal responsibility, his role is to assume their "reform." On the contrary, when it comes to children who cannot be blamed, the agency is responsible for their "protection."
When the sentences or orders of the judges affect minors with criminal responsibility, the Institute is responsible for undertaking the necessary measures, whether they are institutionalization, coexistence in an educational group, assistance in a day center or benefits for the benefit of the community. , among others.
In any case, a measure called "educational sanctioning" is contracted, which means that Icass must work with the minor with an individualized program approved by the judge, in which certain purposes are determined.
This program aims to collect goals in the area of the minor's life, whether in the social, family aspect, in their future work or in the educational field. Likewise, the criminal acts themselves and the assumption of responsibility are worked on. "Let them be aware of not doing them again when the measure ends and take responsibility for the acts committed," says the deputy director.
Furthermore, when a closed confinement measure is imposed, Arce points out, social services have to ensure that minors continue with their studies and can continue training, even though they cannot leave the center.
Non-imputable minors are those who are 14 years old or younger, and have criminal responsibility for minors under the law. That is, in the event that children are involved in a crime, social services begin to work with them at the request of the Public Prosecutor's Office, but always within the scope of their protection.
In these cases, Arce emphasizes, different situations may arise regarding minors. The deputy director comments that what can happen is that a civil court delegates custody to the public entity; that he return to his family; or that the social services themselves decide to assume that custody.
In this type of situation, what Icass does is process a file, carry out an investigation into the minor's circumstances and then write a social report. If factors are found that justify that the minor is in a situation of lack of protection, the entity can declare the minor in a situation of helplessness and assume guardianship of it.
In the event that a minor is in this situation, the parental authority of the parents is extinguished and the protection measures that "are considered appropriate" are adopted. This includes different types of residential resources, such as foster care, but always, says the deputy director, taking into account "the specific needs" of the child and aimed at her protection.
On the other hand, "as happens with any minor," Arce emphasizes, the family has the possibility of requesting the public entity to assume custody because it cannot take care of him. In this case, the parent maintains parental authority over her child, but social services are responsible for guaranteeing her protection.
